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Supreme Court Eases Legal Path for Students With Disabilities to Sue Schools

By applying the same ADA and Rehabilitation Act standards to educational settings, the justices revived a Minnesota teen’s claim without resolving the merits of her case.

A person rests in front of the US Supreme Court on June 5 in Washington, DC.
FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)
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A U.S. Flag flutters outside of the United States Supreme Court Building, in Washington, U.S., December 5, 2024. REUTERS/Evelyn Hockstein/File Photo

Overview

  • Chief Justice John Roberts wrote that educational discrimination claims under the ADA and Section 504 should meet the same “deliberate indifference” standard as other disability suits.
  • By overturning the “bad faith or gross misjudgment” requirement used by the 8th Circuit and other courts, the ruling creates a uniform standard nationwide.
  • A concurring opinion by Justices Clarence Thomas and Brett Kavanaugh signaled reservations about imposing damages liability without evidence of intentional discrimination.
  • The decision revives the lawsuit filed by Ava Tharpe, a Minnesota teen with severe epilepsy, who sought evening instruction to accommodate her morning seizures.
  • Disability rights groups praised the ruling for strengthening families’ ability to enforce federal accommodations in public schools.