Supreme Court Ruling Eases Disability Lawsuits Against Schools


The United States Supreme Court unanimously ruled that students with disabilities will face fewer legal obstacles when suing schools to enforce their educational rights. This decision lowers the legal threshold for pursuing claims under certain federal disability laws.

Case centers on student with rare epilepsy
The decision stems from the case of Ava Tharpe, a teenager diagnosed with a rare and severe form of epilepsy. Due to her condition, which causes frequent seizures and limits mobility, her school in Kentucky accommodated her by scheduling afternoon instruction, including home-based teaching.

After her family relocated to Minnesota, her new school did not offer similar accommodations. As a result, her instructional time was significantly reduced compared to her peers. Her family sued the school district under three federal laws: the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), and the Rehabilitation Act.

Seeking financial compensation
An administrative law judge initially ruled in favor of the Tharpe family, ordering the school district to provide 495 extra instructional hours. The family later pursued compensatory damages to cover the expenses incurred while hiring external specialists and teachers prior to the school’s compliance.

Because IDEA does not allow financial compensation, the claim was made under the ADA and the Rehabilitation Act. However, a federal appeals court rejected the case, stating that the family needed to prove “bad faith” or “gross misjudgment” by school officials—a higher bar than in other discrimination cases.

Supreme Court lowers legal threshold
The Supreme Court disagreed with the appeals court’s interpretation. In the opinion delivered by the Chief Justice, the Court clarified that plaintiffs seeking damages under the ADA or Rehabilitation Act should not be required to meet an elevated legal standard. Justices also issued concurring opinions to elaborate on the scope of the decision.


This ruling strengthens the legal protections available to students with disabilities and clarifies the standards for obtaining compensatory damages in education-related lawsuits. Schools receiving federal funding are reminded of their responsibility to provide reasonable accommodations in compliance with federal law.

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