Supreme Court to Weigh in on Key Disability Rights Case
On Monday, the U.S. Supreme Court will delve into a significant case that examines the scope of federal disability laws in public schools. This case has the potential to reshape how schools accommodate students with disabilities across the nation.
Ava Tharpe, a teenager grappling with severe disabilities from a rare form of epilepsy, is at the center of this legal battle. Her condition necessitates assistance for basic tasks such as walking and using the toilet. Due to frequent morning seizures, her school in Kentucky adjusted her schedule to start in the afternoon, with additional instruction provided at home in the evening. However, a move to Minnesota for her father’s job led to a conflict, as her new school in the Twin Cities refused to maintain this schedule, reducing her school hours to just 65% of what other students received.
Tharpe’s family filed a lawsuit against the Osseo Area School System, alleging violations of the Americans with Disabilities Act, the Rehabilitation Act, and the Individuals with Disabilities in Education Act. These federal laws mandate that schools receiving federal funds must provide reasonable accommodations for students with disabilities.
An administrative law judge sided with Tharpe’s family, criticizing the school’s rationale for her reduced hours as “not credible.” Subsequently, her parents took the case to federal court to secure her right to a full day of education, which the school eventually provided. They also sought compensatory damages, which are not available under the IDEA but can be pursued under the other two disability rights laws.
A major issue in this case is the differing standards for awarding compensatory damages. While some federal appeals courts, including the one covering Minnesota, require parents to demonstrate “bad faith or gross misjudgment” by the school, others only require “deliberate indifference.” This discrepancy is a focal point of the Supreme Court’s review.
According to Ava’s father, Aaron Tharpe, “If we’re successful before the Supreme Court, and we can change the standard we’ll be able to help all these other families across the county for them to be able to help their disabled children get what they should be getting under the law.”
The Supreme Court’s decision could have widespread implications. While disability rights groups support Ava’s case, the Osseo Area School District warns that a ruling in her favor could result in significant financial liabilities for schools.
As the justices hear arguments, the education community awaits a decision that could redefine the landscape of disability accommodations in schools nationwide.
