A significant Supreme Court case involving disability rights is drawing attention from advocacy groups concerned about the challenges faced by students with disabilities. The case involves a Minnesota family, the Tharpes, suing their school district for failing to accommodate their daughter Ava, who has severe epilepsy and cognitive impairments. The Tharpes argue that the school did not adjust her instructional hours, leading to a decline in educational support compared to her previous Tennessee school.
While Ava won her case under the Individuals with Disabilities Education Act (IDEA), a federal judge barred her from pursuing additional damages under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act because the standard for educational discrimination claims is stricter. The 8th U.S. Circuit Court upheld this, citing a previous case requiring proof of “bad faith or gross misjudgment” by school officials.
The Tharpes are appealing for a change in this standard, emphasizing that the current rulings create barriers for many families seeking accountability in disability discrimination. Advocates argue that this could set a precedent that complicates the ability for other students to seek justice. School district representatives contend that a lower standard could lead to overwhelming litigation, diverting resources meant for education.
The outcome of this case could have wide-reaching implications for how educational institutions are held accountable for ensuring equitable access and support for students with disabilities. As schools face budget constraints, advocates emphasize the necessity for available remedies that compensate students for losses incurred due to inadequate provisions. The Supreme Court is set to hear arguments, and the implications of its ruling could affect countless families navigating similar challenges across the country.
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