Overview

• The Supreme Court held that disability discrimination claims against schools must satisfy the same standards under the ADA and Rehabilitation Act as claims in other settings.
• Justices unanimously rejected the Eighth Circuit’s requirement that families prove “bad faith or gross misjudgment” before suing schools for discrimination.
• The decision revives Ava Tharpe’s lawsuit against Osseo Area Schools after officials declined to adjust her schedule for severe morning epilepsy.
• By resolving conflicting rulings across federal appeals courts, the ruling paves the way for families nationwide to seek compensatory damages from schools.
• In concurring opinions, Justices Clarence Thomas, Brett Kavanaugh flagged concerns that courts may need proof of intent before awarding damages in future suits.