L.E. v. Superintendent of Cobb County School District

USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 1 of 27 FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-11741 ____________________ L.E., by and through their parent and next friend, Sara Cavorley, B.B., a minor, by and through their parent and next friend, Elizabeth Baird, A.Z., a minor, by and through their parent and next friend, Jessica Zeigler, C.S., a minor, by and through their parent and next friend, Tarasha Shirley, Plaintiffs-Appellants, versus SUPERINTENDENT OF COBB COUNTY SCHOOL DISTRICT, RANDY SCAMIHORN, in his official capacity as a member of the Cobb County Board of Education, USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 2 of 27 2 Opinion of the Court 23-11741 DAVID BANKS, in his official capacity as member of the Cobb County School Board, DAVID CHASTAIN, in his official capacity as member of the Cobb County School Board, BRAD WHEELER, in his official capacity as member of the Cobb County School Board, et al., Defendants-Appellees. ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:21-cv-04076-TCB ____________________ Before JILL PRYOR, NEWSOM, and LAGOA, Circuit Judges. NEWSOM, Circuit Judge: This appeal is about a Georgia school district’s response to COVID-19. After requiring masks in schools during the pandemic’s early phase, the Cobb County School District later pivoted, opting to prohibit schools from adopting mandatory-masking rules. Un- der the revised policy, students could wear masks if they wanted to, but school officials couldn’t make them. Unhappy with the new policy, four Cobb County students sued the School District under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. They sought a preliminary injunction re- quiring the School District to consider their request that it adopt a county-wide mask mandate. The district court (1) dismissed two USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 3 of 27 23-11741 Opinion of the Court 3 students for lack of standing because they had unenrolled from their Cobb County schools and then (2) concluded that the remain- ing two were unlikely to prevail on the merits. After careful review and with the benefit of oral argument, we (1) reverse the district court’s decision that the two unenrolled students lacked standing but (2) affirm its decision to deny the other two a preliminary in- junction. I A This case involves four students—A.Z., B.B., C.S., and L.E.—who, at one time or another relevant to our purposes, at- tended public schools in Cobb County, Georgia. All four have var- ious disabilities that make them particularly vulnerable to respira- tory viruses—including, most notably, COVID-19. 1 When the pandemic first reached our shores in March 2020, the Cobb County School District shuttered all in-person learning. It began phasing back in-person operations about six months later, in the fall of 2020. For the first pandemic-era schoolyear, the School District adopted measures consistent with guidelines from the CDC and local health authorities—including masking, social distancing, frequent sanitiz- ing of classrooms, and quarantines. L.E. v. Superintendent of Cobb Cnty. Sch. Dist., 55 F.4th 1296, 1299 (11th Cir. 2022). 1 Our account of the facts draws both from the record below and from our previous opinion addressing the students’ case. See L.E. v. Superintendent of Cobb Cnty. Sch. Dist., 55 F.4th 1296 (11th Cir. 2022). USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 4 of 27 4 Opinion of the Court 23-11741 As the 2021–2022 schoolyear began, the School District loos- ened its COVID restrictions. It relaxed, for instance, its quarantine and social-distancing requirements. More to the point here, it re- versed its masking policy. Rather than requiring masks, the School District banned mask mandates. L.E., 55 F.4th at 1299. The policy change led the four students’ parents to pull them out of their re- spective schools and request that the School District reinstitute the former COVID restrictions. The School District declined to rea- dopt mask mandates (and other requested measures) because they conflicted with its new policy. Their requested accommodations having been denied, the students stayed home and attended classes virtually during the 2021–2022 schoolyear; only A.Z. returned to in-person schooling in February 2022. Then came the 2022–2023 schoolyear. B.B. and L.E. re- turned to their Cobb County schools in person. They asked that their schools require students and teachers in their classrooms to wear masks, but the School District again refused because mask mandates defied the new COVID policy. 2 A.Z. and C.S. unenrolled from Cobb County schools and enrolled in private schools instead. All four students allege that the School District’s actions have 2 By then, school mask mandates also violated Georgia law. In March 2022, Georgia’s legislature passed the “Unmask Georgia Students Act,” which pro- hibits school systems from requiring students and employees to wear face masks without an opt-out. See Ga. Code Ann. §§ 20-2-59, 20-2-779.2, 20-2- 2077, 20-2-2094. USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 5 of 27 23-11741 Opinion of the Court 5 caused them to “los[e] hundreds of days of in-person learning.” Br. of Appellants at 8. B In the fall of 2021, while all four students were still enrolled at Cobb County schools, they sued the School District under Title II of the Americans with Disabilities Act and Section 504 of the Re- habilitation Act—both of which guarantee disabled individuals an equal opportunity to access public services, programs, and activi- ties. See 42 U.S.C. § 12132 (ADA); 29 U.S.C. § 794(a) (RA). As rel- evant here, the students alleged that the School District had dis- criminated against them by refusing to accommodate their disabil- ities. L.E., 55 F.4th at 1299. Along with their request for damages, the students moved for a preliminary injunction, asking the district court to compel the School District to reverse its prohibition on mask mandates and maintain compliance with all CDC guidelines for accommodating disabled students. Id. at 1300–01. The district court denied the preliminary injunction based on its conclusion that the students were unlikely to prevail on their ADA and RA claims. Id. at 1299. We reversed. After ruling that the dispute wasn’t moot be- cause the students continued to demand individualized accommo- dations, we held that the district court had used too wide a lens in analyzing the students’ failure-to-accommodate claim. Id. at 1301– 03. While the district court had concluded that the School Dis- trict’s accommodations provided the students with sufficient access to education in general, the inquiry’s proper focus should have USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 6 of 27 6 Opinion of the Court 23-11741 been on the students’ access to “in-person schooling” in particular. Id. at 1303. We remanded for the district court to reassess the stu- dents’ claim in light of our ruling. Id. On remand, the students filed an amended motion for a pre- liminary injunction. They alleged that Cobb County’s district-wide policies prohibited the students’ Individualized Education Plan teams from considering certain COVID-related accommoda- tions—including masking—on a case-by-case basis. The students asked the district court to enjoin the School District “from impos- ing a blanket ban on Students’ requested accommodations”—i.e., to order the School District at least to consider masking and other health protocols on an individualized basis. Am. Prelim. Inj. Mot. at 1, Dkt. No. 74–1. The district court denied the motion again. It dismissed for lack of standing A.Z. and C.S., who by then had switched to private schools, reasoning that they couldn’t show that the School Dis- trict’s actions would affect them because they had unenrolled. As for B.B. and L.E., the district court ruled that they hadn’t estab- lished a substantial likelihood on the merits of their failure-to-ac- commodate claims. As the district court saw things, the School District had already “conducted individualized inquiries and ha[d] provided Plaintiffs with reasonable accommodations”—including, for example, giving them “preferential seating,” “disinfect[ing] classroom surfaces” before L.E.’s arrival, allowing both students “to transition to and from classes before other students,” and giving L.E. “access to a designated, less-trafficked bathroom.” Order on USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 7 of 27 23-11741 Opinion of the Court 7 Prelim. Inj. at 13–15, Dkt. No. 82. These accommodations had “by- and-large been effective, allowing the students to attend in-person schooling as often as their health allows.” Id. at 15. Accordingly, the district court held, a preliminary injunction was unwarranted. This is the students’ second appeal. II At the outset, we address two jurisdictional issues: (a) whether the students have standing to sue and (b) whether the students’ lawsuit is moot. 3 A Article III standing “is a threshold jurisdictional question which must be addressed prior to and independent of the merits of a party’s claims.” AT&T Mobility, LLC v. Nat’l Ass’n for Stock Car Auto Racing, Inc., 494 F.3d 1356, 1359 (11th Cir. 2007) (citation and quotation marks omitted). Under Supreme Court precedent, in or- der to have standing the plaintiff must establish “an injury in fact that is concrete, particularized, and actual or imminent,” that “was likely caused by the defendant,” and that “would likely be redressed by judicial relief.” TransUnion LLC v. Ramirez, 594 U.S. 413, 423 (2021). Standing is not a wholesale deal: “[P]laintiffs must demon- strate standing for each claim that they press and for each form of 3 Our standard of review is de novo for both jurisdictional questions. See Sierra v. City of Hallandale Beach, 996 F.3d 1110, 1112 (11th Cir. 2021) (standing); Troiano v. Supervisor of Elections in Palm Beach Cnty., 382 F.3d 1276, 1282 (11th Cir. 2004) (mootness). USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 8 of 27 8 Opinion of the Court 23-11741 relief that they seek.” Id. at 431. While past harm may suffice for damages, standing for injunctive relief requires the plaintiff to prove a substantial likelihood of future injury. Wooden v. Bd. of Re- gents of Univ. Sys. of Ga., 247 F.3d 1262, 1283–84 (11th Cir. 2001); Los Angeles v. Lyons, 461 U.S. 95, 102 (1983). Whatever the relief sought, “Article III standing must be determined as of the time at which the plaintiff’s complaint is filed.” Focus on the Fam. v. Pinellas Suncoast Transit Auth., 344 F.3d 1263, 1275 (11th Cir. 2003); see also Lujan v. Defs. of Wildlife, 504 U.S. 555, 569 n.4 (1992) (citation omit- ted) (“The existence of federal jurisdiction ordinarily depends on the facts as they exist when the complaint is filed.”). This case raises two standing-related questions: (1) whether A.Z. and C.S. lost standing to sue when they unenrolled from the District schools; and (2) whether all four students have standing to seek injunctive relief. We address each question in turn. 1 The district court dismissed A.Z. and C.S. for lack of stand- ing. Because A.Z. and C.S. had unenrolled from District schools and transferred to private schools, the district court reasoned that they couldn’t prove “‘a sufficient likelihood that they will be af- fected by the allegedly unlawful conduct’ of Defendants.” Order at 8 n.3 (alteration adopted) (citation omitted). We disagree, for two reasons. Most conspicuously, the district court’s dismissal of A.Z. and C.S. ignored the students’ still-live damages claims. Both the ADA and RA provide for damages to compensate disabled persons for USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 9 of 27 23-11741 Opinion of the Court 9 harms resulting from past disability discrimination. See Fry v. Na- poleon Cmty. Schs., 580 U.S. 154, 160 (2017). Unlike injunctive relief, standing for damages requires only past harm—not future injury. Sierra v. City of Hallandale Beach, 996 F.3d 1110, 1113 (11th Cir. 2021). Unenrolling from District schools thus didn’t extinguish A.Z.’s and C.S.’s damages claims for past discrimination that they say they suffered while still attending Cobb County schools. Moreover, and in any event, the district court’s analysis seems to have conflated two jurisdictional doctrines. The crucial moment for assessing standing is the outset of litigation—“the time at which a plaintiff’s complaint is filed.” Focus on the Fam., 344 F.3d at 1275. Later events don’t divest the plaintiff of standing—even for injunctive relief. Id. at 1275–76; accord, e.g., Keister v. Bell, 29 F.4th 1239, 1256–57 (11th Cir. 2022) (concluding that the plaintiff had standing for injunctive relief even where the defendant replaced the challenged policy after the plaintiff filed his complaint). Post-filing events might well bear on mootness—but not standing. See Friends of the Earth, Inc. v. Laidlaw Env’t Servs. (TOC), Inc., 528 U.S. 167, 170 (2000) (“‘The requisite personal interest that must exist at the com- mencement of the litigation (standing) must continue throughout its existence (mootness).’” (citation omitted)); West Virginia v. EPA, 597 U.S. 697, 719 (2022) (“It is the doctrine of mootness, not stand- ing, that addresses whether ‘an intervening circumstance [has] de- prive[d] the plaintiff of a personal stake in the outcome of the law- suit.’” (citation omitted)); Johnson v. Bd. of Regents of Univ. of Geor- gia, 263 F.3d 1234, 1267 (11th Cir. 2001) (“[A] party’s standing to sue is generally measured at the time of the complaint, with the effect USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 10 of 27 10 Opinion of the Court 23-11741 of subsequent events generally analyzed under mootness princi- ples.”). In light of these principles, the district court erred when it assessed A.Z.’s and C.S.’s standing differently from the still-en- rolled students. The fact that A.Z. and C.S. had unenrolled from the District schools after filing suit was irrelevant to whether they had standing.4 What matters for standing purposes is that A.Z. and C.S., like B.B. and L.E., were enrolled in District schools when they filed suit. A.Z.’s and C.S.’s standing—both for damages and injunc- tive relief—thus rises and falls with that of their peers. 2 “[S]tanding is not dispensed in gross; rather, plaintiffs must demonstrate standing for each claim that they press and for each form of relief that they seek . . . .” TransUnion, 594 U.S. at 431. “Be- cause injunctions regulate future conduct, a party has standing to 4 The School District cites various cases in support of its assertion that “when a student withdraws from a school district or university and has no present intent to return, the student no longer faces an imminent threat from his for- mer institution’s policies and thus forfeits standing to enjoin them.” See Br. of Appellees at 24–27 (collecting cases). But all those cases are distinguishable. In four of them, the plaintiffs withdrew or graduated from the school before filing their complaint. See Williams v. Bd. of Regents of Univ. Sys. of Georgia, 477 F.3d 1282, 1302–03 (11th Cir. 2007); Kocsis v. Fla. State Univ. Bd. of Trustees, 788 F. App’x 680, 685 n.3 (11th Cir. 2019); Fuller ex rel. Fuller v. Decatur Pub. Sch. Bd. of Educ. Sch. Dist. 61, 251 F.3d 662, 665 (7th Cir. 2001); Mumid v. Abraham Lin- coln High Sch., 618 F.3d 789, 792–93 (8th Cir. 2010). And, tellingly, one case was not about standing but mootness. See Harris v. Univ. of Mass. Lowell, 43 F.4th 187, 192 (1st Cir. 2022). USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 11 of 27 23-11741 Opinion of the Court 11 seek injunctive relief only if the party alleges, and ultimately proves, a real and immediate—as opposed to a merely conjectural or hypothetical—threat of future injury.” Wooden, 247 F.3d at 1284 (citation omitted). The students’ bid for injunctive relief rests on their allega- tion that “they have been and continue to be denied meaningful access . . . because of [the School District’s] policy and practice pre- cluding necessary and effective accommodations,” including man- datory masking. Br. of Appellants at 25. The students asked the district court to prohibit the School District “from imposing a blan- ket ban on [their] requested accommodations”—in other words, to require the School District at least to consider masking and other COVID measures on an individualized basis. Prelim. Inj. Mot. at 1. Although the district court ruled against the students on the merits, it implicitly held that B.B. and L.E. had standing when it dismissed only A.Z. and C.S. See Order at 8. As already explained, the district court erred in dismissing A.Z. and C.S. for lack of standing. We now hold that all four stu- dents had standing to seek injunctive relief because at the outset of the litigation they established a sufficient threat of a concrete fu- ture injury. Let us explain. The students’ core allegation is that by banning masking mandates outright, the School District has refused to consider their requested accommodations on an individualized basis. This failure to accommodate, they allege, amounts to disability discrimination in violation of Title II of the ADA and Section 504 of the RA. We USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 12 of 27 12 Opinion of the Court 23-11741 have repeatedly held that someone who has personally experienced disability discrimination has suffered a concrete injury. In Sierra, for example, we emphasized that the ADA and RA create “a con- crete interest in equal treatment” for disabled individuals, conclud- ing that the plaintiff thus had suffered a concrete injury when he “was personally and directly subjected to discriminatory treat- ment.” 996 F.3d at 1114; accord Houston v. Marod Supermarkets, Inc., 733 F.3d 1323, 1332 (11th Cir. 2013) (ruling that the ADA plaintiff suffered a concrete injury “when he encounter[ed] architectural barriers that discriminate[d] against him on the basis of his disabil- ity”); cf. TransUnion, 594 U.S. at 425–26 (recognizing “discrimina- tory treatment” as a harm that “Congress may ‘elevate to the status of [a] legally cognizable injur[y]’” (citation omitted)). What matters for injunctive-relief purposes is that the stu- dents’ alleged injuries were ongoing when they sued. Even now, on appeal, the students assert that they “continue to be denied meaningful access” due to the School District’s prohibition on mask mandates. Br. of Appellants at 25 (emphasis added); see also Prelim. Inj. Mot. at 17. This continuing denial of the students’ ac- commodation requests amounted to a “threat of future injury” suf- ficient to bestow standing for injunctive relief. Wooden, 247 F.3d at 1284. Resisting this conclusion, the School District insists that the students’ “fears of catching COVID-19 are too speculative to confer constitutional standing to seek a preliminary injunction.” Br. of Appellees at 30. The School District relies on Clapper v. Amnesty USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 13 of 27 23-11741 Opinion of the Court 13 International USA, 568 U.S. 398 (2013), in which the Supreme Court held that the plaintiffs’ fears that the government might intercept some of their communications were too speculative to confer standing to seek injunctive relief. See id. at 410. Nor did the Court accept the plaintiffs’ efforts to “manufacture standing merely by in- flicting harm on themselves based on their fears of hypothetical fu- ture harm that is not certainly impending.” Id. at 416. But the School District’s Clapper-based argument miscon- strues the students’ alleged injury. The harm they assert isn’t a “fear[] of catching COVID-19” but, rather, the School District’s al- leged disability discrimination—namely, its refusal to consider their accommodation requests on an individualized basis, which they claim the ADA and RA require. That alleged discrimination was ongoing when the students sued for injunctive relief—and contin- ues to this day—so there was nothing speculative about the alleged injury at the time of filing. The School District seeks support in E.T. v. Paxton, 41 F.4th 709 (5th Cir. 2022), in which several students had sued Texas’s gov- ernor under the ADA challenging his executive order banning mask mandates in public schools. Id. at 713. The Fifth Circuit concluded that the plaintiffs there lacked standing to seek injunctive relief. The court’s first reason echoed Clapper: The plaintiffs’ increased risk of catching COVID without a mask mandate was too specula- tive. Id. at 715. But the panel also denied the plaintiffs’ attempt to reframe their injury as a “deprivation of access to in-person school- ing on an equal basis with their non-disabled peers” or a “denial of USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 14 of 27 14 Opinion of the Court 23-11741 case-by-case decisionmaking.” Id. at 716. After all, “[w]hat matters for Article III is whether plaintiffs ‘suffered an invasion of a legally protected interest.’” Id. at 717 (quoting Spokeo, Inc. v. Robins, 578 U.S. 330, 339 (2016)). Against this backdrop, the Fifth Circuit empha- sized that neither the ADA nor RA entitled the plaintiffs to their preferred accommodation—only “reasonable access to covered facil- ities.” Id. Nor, it said, could denial of individual decisionmaking suffice because the plaintiffs had never “requested an accommoda- tion” and because eliminating one accommodation did not “pre- vent case-by-case decisionmaking.” Id. at 718. Paxton is distinguishable. As we’ve already emphasized, the core injury that the students here allege isn’t their fear of catching COVID—it’s “the denial of meaningful access to their in-person education and the accompanying consequences, resulting from [the School District’s] refusal to consider their requested accom- modations” on an individualized basis. Reply Br. at 8. Unlike those in Paxton, the students here have requested accommodations that the School District denied and continues to deny. And we disagree that they lack standing on the ground that the ADA and RA doesn’t entitle them to the individualized-consideration accommodation they seek. That’s a merits issue—one we address below. See Ariz. State Legislature v. Ariz. Indep. Redistricting Comm’n, 576 U.S. 787, 800 (2015) (stating that courts “must not confuse weakness on the mer- its with absence of Article III standing” (alteration adopted) (cita- tion and quotation marks omitted)); Polelle v. Fla. Sec’y of State, 131 F.4th 1201, 1211 (11th Cir. 2025) (explaining that “a plaintiff alleges ‘the invasion of a legally protected interest’ when a ‘plaintiff has a USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 15 of 27 23-11741 Opinion of the Court 15 right to relief if the court accepts the plaintiff’s interpretation of the constitutional or statutory laws on which the complaint relies’” (citation omitted)). At the time they sued, all four students were seeking injunc- tive relief to remedy what they asserted was ongoing, actionable disability discrimination. That was enough to give them standing. B Again, mootness—not standing—is the doctrine that deals with developments after a case has been filed. “If events that occur subsequent to the filing of a lawsuit or an appeal deprive the court of the ability to give the plaintiff or appellant meaningful relief, then the case is moot and must be dismissed.” Al Najjar v. Ashcroft, 273 F.3d 1330, 1335–36 (11th Cir. 2001) (per curiam). But “as long as the parties have a concrete interest, however small, in the out- come of litigation, the case is not moot.” Knox v. Serv. Emps. Int’l Union, Local 1000, 567 U.S. 298, 307–08 (2012) (quotation marks omitted) (quoting Ellis v. Ry. Clerks, 466 U.S. 435, 442 (1984)). The party asserting mootness “bears the burden to establish that a once- live case has become moot.” West Virginia, 597 U.S. at 700. We addressed mootness in our previous encounter with this case. On that appeal, the School District argued that the case was moot “because the CDC COVID-19 guidelines no longer recom- mend[ed] mandatory masking, and the Students argued for a mask mandate at the motions hearing.” L.E., 55 F.4th at 1300. We disa- greed, emphasizing that the students were seeking not only a mask mandate but also for “‘this Court to order the district to strictly USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 16 of 27 16 Opinion of the Court 23-11741 comply with each and every one of the CDC’s recommenda- tions.’” Id. at 1301 (citation omitted). Those recommendations included “guidance for schools on how to accommodate students with disabilities.” Id. Because the students alleged that the School District’s blanket ban “ignored those recommendations and contin- ues to disregard CDC guidance,” there was still “a live controversy.” Id. 5 Similar reasons counsel that the students’ claims remain live today—obviously as to damages but also as to injunctive relief. In simple terms, the students allege that the School District is violat- ing the ADA and RA, and they want the district court to order the School District to change course. They contend that “they have been and continue to be denied meaningful access . . . because of [the School District’s] policy and practice precluding necessary and effective accommodations” and that A.Z. and C.S. “[un]enrolled from [the School District] because of this policy and practice.” Br. of Appellants at 25. A.Z. and C.S. assert that dropping the masking ban “would allow them to return to [the School District] and mean- ingfully participate in the public education to which they are enti- tled.” Reply Br. at 7; see Am. Prelim. Inj. Mot. at 12 (“A.Z. still lives within the District and would prefer to attend her local public school, but that option has been denied to her because of the 5 On this go-around, the School District doesn’t spill much ink over mootness. In fact, its argument boils down to the one-sentence assertion that “[b]ecause an injunction changing CCSD’s masking policies would not meaningfully ben- efit C.S. or A.Z., their requests for injunctive relief are moot.” Br. of Appellee at 30. USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 17 of 27 23-11741 Opinion of the Court 17 District’s [policy].”); id. (“C.S. enrolled in a private school ‘because the district refused to accommodate for his safety at school.’” (ci- tation omitted)). 6 All four students continue to demand that the School Dis- trict “modify its policy and accommodate Students by implement- ing existing CDC guidelines and maintaining consistency with those guidelines in the event of subsequent changes.” Br. of Ap- pellants at 9. The latest CDC guidelines—implemented May 17, 2024—state that “[s]chools must provide reasonable modifications or reasonable accommodations, when necessary, to ensure equal access to in-person learning for students with disabilities during in- creased infectious illness activity.” Preventing Spread of Infections in K–12 Schools, https://perma.cc/4MJE-7XT3 (last visited Aug. 4, 2026). On the students’ theory, the School District’s continuing re- fusal to consider some accommodations (including masking) on an individual basis conflicts with those guidelines. See L.E., 55 F.4th at 6 This situation differs from Harris v. University of Massachusetts Lowell, 43 F.4th 187 (1st Cir. 2022), on which the School District relied to make its standing argument but which, as we’ve explained, was actually about mootness. See supra at 10 n.4. There, the First Circuit held that two students’ claims for in- junctive relief pertaining to their universities’ vaccination policies were moot because one student had graduated and the other had transferred to a different university; in those circumstances, the “challenged measures no longer af- fect[ed] any plaintiff’s primary conduct.” Harris, 43 F.4th at 192 (quoting Ari- zonans for Official English v. Arizona, 520 U.S. 43, 67 (1997)) (citation modified). Here, the record doesn’t show that A.Z. or C.S. left the School District, and both wish to reenroll at their local public schools but are prevented by the continued implementation of the School District’s COVID policy. USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 18 of 27 18 Opinion of the Court 23-11741 1301. More broadly, there is an ongoing dispute over whether the ADA and RA require the School District to consider the students’ request for masking. The students contend that the School Dis- trict’s masking ban amounts to ongoing disability discrimination, and the School District disagrees. We therefore conclude that the dispute is not moot. III Having dispensed with jurisdictional matters, we turn to the merits: Was the district court right to deny B.B. and L.E.’s request for a preliminary injunction on the ground that their ADA and RA claims were unlikely to succeed?7 Title II of the ADA and Section 504 of the RA guarantee dis- abled individuals the opportunity to participate in, and access the benefits of, public services, programs, and activities. 42 U.S.C. § 12132; 29 U.S.C. § 794(a). 8 A public entity’s “failure to reasonably accommodate” a person’s disability constitutes discrimination un- der the ADA and RA. Holly v. Clairson Indus., LLC, 492 F.3d 1247, 1262 (11th Cir. 2007). “To prevail on a failure-to-accommodate claim, a plaintiff must prove (1) that he is disabled, (2) that he re- quested a ‘reasonable accommodation[],’ (3) that the requested 7 We review for abuse of discretion a district court’s order denying a prelimi- nary injunction. Scott v. Roberts, 612 F.3d 1279, 1289 (11th Cir. 2010). “In so doing, we review the findings of fact of the district court for clear error and legal conclusions de novo.” Id. 8 ADA Title II and RA Section 504 claims share the same legal standard. L.E., 55 F.4th at 1301 n.2. USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 19 of 27 23-11741 Opinion of the Court 19 accommodation was ‘necessary to afford [him an] equal oppor- tunity to use and enjoy [the public facility or program],’ and (4) that the defendant refused to make the requested accommodation.” Schaw v. Habitat for Human. of Citrus Cnty., Inc., 938 F.3d 1259, 1264 (11th Cir. 2019) (citation omitted). 9 Step two of Schaw’s test em- bodies its own burden-shifting framework: If the plaintiff shows that his “request is facially reasonable, the burden shifts to the de- fendant, who must prove that the accommodation would nonethe- less impose an ‘undue burden’ or result in a ‘fundamental altera- tion’ of its program.” Id. at 1266 (quoting Schwarz v. City of Treasure Island, 544 F.3d 1201, 1220 (11th Cir. 2008)). We divide our discussion into two parts. First, we address the students’ argument that the School District violated the ADA and RA by failing to conduct an individualized inquiry into their request for masking. Second, we consider whether the district court was right to deny the preliminary injunction based on its 9 Schaw involved the Fair Housing Act, but the Court “‘look[ed] to case law’ under the ADA and RA for ‘guidance on what is reasonable under the [Fair Housing Amendments Act].’” 983 F.3d at 1265 n.2 (quoting Schwarz v. City of Treasure Island, 544 F.3d 1201, 1220 (11th Cir. 2008)). Schaw also drew on (and maps on to) the Supreme Court’s decision in PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001), which laid out the elements of a failure-to-accommodate claim un- der Title III of the ADA. See Schaw, 983 F.3d at 1266; see also PGA Tour, 532 U.S. at 683 n.38 (“[T]he statute contemplates three inquiries: whether the re- quested modification is ‘reasonable,’ whether it is ‘necessary’ for the disabled individual, and whether it would ‘fundamentally alter the nature of’ the com- petition.” (quoting 42 U.S.C. § 12182(b)(2)(A)(ii))). USCA11 Case: 23-11741 Document: 42-1 Date Filed: 08/05/2026 Page: 20 of 27 20 Opinion of the Court 23-11741 conclusion that the School District’s existing accommodations had proven effective. A In their briefing, the students argued that the School Dis- trict’s “categorical ban” on masking violated its obligation under the ADA and RA “to conduct an individualized inquiry into Stu- dents’ facially reasonable accommodation requests.” Br. of Appel- lants at 28–29. In other words, the students maintained that the School District’s masking ban was unlawful per se—without regard to whether they could satisfy Schaw’s four prongs. Then, at oral argument, the students appeared to retreat from that position. See Oral Arg. at 6:47–7:29, https://www.ca11.uscourts.gov/oral-argu- ment-recordings. Rightly so. Our caselaw doesn’t support the proposition that a plaintiff can prevail on a failure-to-accommodate claim merely by showing that the defendant didn’t conduct an individualized in- quiry into the accommodation request. While the lack of an indi- vidualized inquiry is relevant to Schaw’s second prong, it isn’t a fast pass to winning a failure-to