INTRODUCTION

WASHINGTON – Disability rights advocates expressed their relief following the Supreme Court’s decision on June 12, which simplified the process for students with disabilities to file lawsuits against educational institutions for damages.
The unanimous ruling highlighted that certain courts had been applying excessively stringent standards that hindered legitimate claims, such as the case presented by a Minnesota teenager suffering from a rare form of epilepsy.
Furthermore, the justices dismissed the argument put forth by the school, which contended that the existing standards were overly lenient for other forms of disability discrimination.
Shira Wakschlag, an attorney with The Arc of the United States, emphasized the significance of the ruling, stating that it was crucial for the very foundation of disability civil rights.
The court refrained from addressing the broader question of what the appropriate standard should be for all cases concerning discrimination claims.
Instead, the justices focused on the specific issue of ensuring uniformity in standards applied to discrimination claims related to educational instruction.
Notably, two of the court’s six conservative justices, Clarence Thomas and Brett Kavanaugh, expressed that the school presented compelling arguments suggesting that the current judicial interpretation of this standard may be flawed.
Their comments indicate a recognition of the complexities involved in establishing a consistent framework for evaluating such claims, highlighting the ongoing debate within the judiciary regarding the proper approach to discrimination in educational contexts.
In a concurring opinion, Justice Thomas expressed his hope that lower courts will thoroughly evaluate whether the current standards align with the Constitution and the relevant statutory language.
This statement underscores the importance of ensuring that legal interpretations remain faithful to foundational legal principles.
In contrast, two of the court’s three liberal justices, Sonia Sotomayor and Ketanji Brown Jackson, voiced their disagreement with the school’s assertion that individuals with disabilities must demonstrate an intent to discriminate in order to establish a case.
They argued that this interpretation is fundamentally flawed, highlighting the need for a more nuanced understanding of discrimination that does not hinge solely on intent.
In her concurring opinion, Justice Sotomayor emphasized that the language and historical context of the statutes, along with the established precedents of this Court, eliminate any necessity for a purpose requirement.
This assertion underscores the interpretation that the statutes should be applied as written, without imposing additional criteria that could complicate their enforcement or dilute their intended effect.
By referencing both the text and the historical background, Sotomayor reinforces the notion that the legal framework is clear and does not support the introduction of further stipulations that could hinder the application of the law.
The central question in the Minnesota case revolved around whether the school adequately addressed the unique needs of Ava Tharpe, a student whose uncommon type of epilepsy presents significant challenges for her to attend classes in the morning.
This condition not only affects her physical well-being but also impacts her ability to engage in the educational environment during early hours.
The case highlights the broader implications of how educational institutions are required to adapt their policies and practices to support students with special needs, ensuring that they receive equitable access to education.
The determination of whether the school fulfilled its obligations in this regard is crucial, as it sets a precedent for how similar cases may be handled in the future, emphasizing the importance of tailored accommodations for students with disabilities.
Federal courts concurred with the Tharpe family that the school had fallen short in its obligations and was required to offer evening instruction for their daughter, Ava.
However, the courts ruled that the Tharpes could not invoke the Americans with Disabilities Act to compel the school to reimburse them for expenses related to hiring external educators or other costs incurred prior to their legal victory.
Additionally, they determined that the Tharpes were not permitted to leverage the Rehabilitation Act to obtain a court mandate requiring the school to provide instruction for Ava outside of regular school hours.
The Tharpe family, consisting of Gina, Aaron, and their daughter Ava, subsequently appealed to the Supreme Court, questioning whether a lower court had established an excessively
stringent standard for their lawsuit against the school, which they claimed had failed to accommodate Ava’s special needs.
Judges from the 8th U.S. Circuit Court of Appeals, based in St. Louis, indicated that their ability to act was constrained by a precedent set in 1982 in the case of Monahan v.
Nebraska, which stipulated that for lawsuits concerning educational services for children with disabilities to proceed, there must be evidence of “bad faith or gross misjudgment” on the part of school officials.