The United States Supreme Court will hear arguments on Monday in a case that examines the scope of federal laws requiring special support for students with disabilities in public schools.
The case concerns Ava Tharpe, a teenager with severe disabilities caused by a rare form of epilepsy. She needs assistance with daily activities such as walking and using the restroom and experiences frequent seizures in the mornings. In Kentucky, her public school adjusted her schedule to afternoon-only attendance and provided evening instruction at home. However, after moving to Minnesota, her new school district in the Twin Cities declined to accommodate her late-day schedule, resulting in her receiving only 65% of the instructional time given to her peers.
Tharpe and her parents filed a lawsuit against the Osseo Area School District, alleging violations of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Individuals with Disabilities Education Act (IDEA). These federal laws require schools receiving federal funding to provide reasonable accommodations for students with disabilities.
A state administrative law judge ruled in favor of Tharpe’s parents, finding the district’s justification for denying full-day instruction not credible. The family then pursued the case in federal court to secure Ava’s right to a full school day, leading the district to provide comprehensive education. They also sought compensatory damages, which are not available under IDEA but can be awarded under the other two statutes.
Lower courts have differed on what parents must prove to obtain compensatory damages. In some jurisdictions, parents must demonstrate “bad faith or gross misjudgment” by the school district. In others, showing “deliberate indifference” is sufficient.
The Supreme Court will determine which standard applies. Various disability rights organizations support the Tharpe family’s position, while the Osseo Area School District argues that a ruling against it could expose school systems to significant financial liability.
