Washington: The U.S. Supreme Court delivered a unanimous ruling on Thursday in favor of Ava Tharpe, a severely epileptic student, in a decision that significantly strengthens protections for students with disabilities in American schools.
In a 9-0 ruling, the court reversed a lower court decision that had sided with the Osseo Area Schools district in Minnesota, which had denied Tharpe accommodations necessary for her education. Her family alleged that the school district violated two federal disability laws: the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.
Chief Justice John Roberts, writing for the court, stated that the 8th U.S. Circuit Court of Appeals had erred by applying an unnecessarily strict legal standard—requiring proof of “bad faith or gross misjudgment”—to school-related disability discrimination claims. Roberts emphasized that claims “based on educational services should be subject to the same standards that apply in other disability discrimination contexts.”
Roberts wrote that there is no indication in the text of the relevant laws that such claims “should be subject to a distinct, more demanding analysis.”
The ruling resolves a legal divide among federal appellate courts, which had applied different standards in school-based disability cases, creating inconsistent protections depending on jurisdiction. The decision now sets a unified national standard for such claims, broadening access to legal recourse for students facing discrimination.
Roman Martinez, attorney for Ava Tharpe, called the Supreme Court’s decision “a great win for Ava, and for children with disabilities facing discrimination in schools across the country.” He added, “We are grateful to the Supreme Court for its decision holding that these children should enjoy the same rights and protections as all other Americans with disabilities.” Martinez noted that the ruling would help safeguard “the reasonable accommodations needed to ensure equal opportunity for all.”
Ava Tharpe suffers from severe epilepsy that prevents her from attending classes before noon due to morning seizures, though she can engage in schoolwork into the evening. While living in Kentucky, her local school district provided evening instruction to accommodate her condition, ensuring she received the same instructional time as her peers.
After relocating to Minnesota in 2015, Tharpe enrolled in the Osseo Area Schools district, located in the suburbs of Minneapolis. Despite repeated requests by her parents, the district refused to provide evening instruction. As a result, Tharpe received significantly fewer instructional hours than her classmates.
In 2021, Tharpe and her parents filed a federal lawsuit accusing the district of discrimination under the ADA and Rehabilitation Act. They sought equitable accommodations and monetary damages.
U.S. District Judge Michael Davis ordered the school district in 2023 to extend Ava’s school day until 6 p.m. and to compensate for missed instructional hours. However, he dismissed the discrimination claims, ruling that the family had not demonstrated the school acted in “bad faith or with gross misjudgment”. The 8th Circuit upheld that ruling, prompting the appeal to the Supreme Court.
