In a decision that could open the door for increased litigation against schools, the U.S. Supreme Court ruled a public school student is not required to exhaust her administrative remedies under IDEA before suing her district for some violations of the ADA and Section 504.

In the case, Fry v. Napoleon Community Schools, a student sued her school district when it barred her service dog, Wonder, from attending class with her. The district argued for the case to be dismissed because the student did not exhaust all her administrative remedies under IDEA. However, the Court decided that, because the student did not allege a failure to provide FAPE, she did not have to exhaust administrative remedies, and could instead sue the school directly for damages under the ADA and Section 504. While the student’s service dog obviously related to her education, this was the kind of claim that any person who was denied the right to use a service dog could bring against the school, so the student did not have to go through IDEA’s administrative process.

Fry could impact how students pursue disability related complaints against school districts. Under this ruling, a student can skip the IDEA’s administrative process if she does not allege a denial of FAPE, and can show her claim could be brought by a non-student. This could give ADA complainants a “fast track” to the courts, and increase the number of suits brought against public schools.