On Thursday, the Supreme Court made it simpler for students with disabilities to sue to defend their rights under the Americans with Disabilities Act and other laws designed to ensure that disabled kids receive a suitable education. Chief Justice John Roberts wrote for a unanimous court, saying that while Thursday’s judgment is small, it is still significant for many children with disabilities—children who face “daunting challenges on a daily basis.”
“We hold today,” he said, “that those challenges do not include having to satisfy a more stringent standard of proof than other plaintiffs” in discrimination cases.
Ava Tharpe, a teenage girl who lives with a rare form of epilepsy called Lennox-Gastaut Syndrome was the focus of the decision. Typically, Tharpe’s seizures are more severe in the morning. Because of that her public school in Kentucky allowed her to attend just in the afternoon. A teacher would provide home based education in the early evening.
However, when the Tharpe family moved to Minnesota for her father’s job, her new school in the Twin Cities refused to accommodate her late-day schedule, thus Ava received just two-thirds of the instructional time that other students received.
After years of litigation, the Osseo Area School system relented. But the Eighth Circuit Court of Appeals denied the Tharpes’ claims for compensatory damages—essentially reimbursement of expenses, including experts, outside teachers, and lawyers needed to get equal treatment for their child. The appellate court said that the Tharpes did not meet the high standard of proof needed to prevail—specifically, the court said, they had failed to prove that the school system acted in” bad faith” or with “gross misjudgment.” On Thursday, the Supreme Court reversed that ruling, calling its reasoning “wrong.”
While Thursday’s judgment was unanimous and supported by all of the justices, there were concurring views from both the right and left sides of the court. On the right, Justice Clarence Thomas, backed by Justice Brett Kavanaugh, hinted at future opinions that could limit schools’ responsibility.
On the left, Justice Sonia Sotomayor, backed by Justice Ketanji Brown Jackson, stated that the plain text of the law “reaches cases involving a failure to accommodate, even where no ill will or animus towards people with disabilities is present.”
Ava Tharpe is entitled to a “free and appropriate” public education. I am glad that the Supreme Court ruled in her favor. Hopefully, this ruling will help ensure that disabled students have their needs met at school.
Sources:
Diament, Michelle. “Supreme Court to Hear Case That Could ‘Gut the Ada and Rehabilitation Act.’” Disability Scoop, Disability Scoop, 24 Apr. 2025, http://www.disabilityscoop.com/2025/04/24/supreme-court-to-hear-case-that-could-gut-the-ada-and-rehabilitation-act/31421/.
Groppe, Maureen. “Disabled Child’s Fight for Fair Treatment Could Help Others – or Raise Bar for Discrimination Claims.” USA Today, Gannett Satellite Information Network, 27 Apr. 2025, http://www.usatoday.com/story/news/politics/2025/04/27/supreme-court-students-disabilities-schools/83234723007/.
“Lennox-Gastaut Syndrome.” National Institute of Neurological Disorders and Stroke, The National Institutes of Health , 19 July 2024, http://www.ninds.nih.gov/health-information/disorders/lennox-gastaut-syndrome.
Totenberg, Nina. “Supreme Court to Hear School Disability Discrimination Case.” NPR, NPR, 28 Apr. 2025, http://www.npr.org/2025/04/28/nx-s1-5374373/supreme-court-minnesota-disability-discrimination.
Totenberg, Nina. “Unanimous Supreme Court Makes It Easier to Sue Schools in Disability Cases.” NPR, NPR, 12 June 2025, http://www.npr.org/2025/06/12/nx-s1-5431521/supreme-court-disability-lawsuits-schools.
Walsh, James. “Disabled Maple Grove Teen Takes School District Discrimination Case to U.S. Supreme Court.” The Minnesota Star Tribune, Star Tribune Media Company, 15 Mar. 2025, http://www.startribune.com/disabled-maple-grove-teen-takes-school-district-discrimination-case-to-us-supreme-court/601236778.