Last week, the U.S. Supreme Court heard arguments in a case that may make it easier for students with disabilities to seek accommodations from schools and colleges under two major federal civil rights laws. The ruling, expected by summer 2025, may reshape the legal standards that schools must meet, under the Rehabilitation Act of 1973 and the American with Disabilities Act (ADA).
At the heart of the case A.J.T. v. Osseo Area Schools is Ava Tharpe, a 19 year-old student with Lennox-Gastaut Syndrome, a severe form of epilepsy. Due to frequent seizures, particularly in the mornings, Ava could not attend school before noon. Her parents requested accommodations, including a modified school schedule. While the Osseo district of Minnesota initially resisted, an administrative hearing under the Individuals with Disabilities Education Act (IDEA) ultimately granted the Tharpes additional instruction time and services.
Now, they are seeking damages under the ADA and Rehabilitation Act, arguing that the school failed to provide equal access to education. A lower federal court rejected their claim, applying heightened legal standards requiring “bad faith” or “gross misjudgment” by the school – based on a 1982 precedent known as Monahan v. Nebraska. The ADA and Section 504 of the Rehabilitation Act require colleges to provide reasonable accommodations to ensure equal access to education for qualified students with disabilities. Though these laws offer protection, the Court’s ruling may clarify (or broaden) what counts as unlawful discrimination.
The Supreme Court is now being asked to decide whether this standard is too demanding. Attorneys for the Tharpe family argue that students should not face a uniquely high burden to prove discrimination in school settings. The school district, however, argues that changing the legal standard will lead to litigation costs and uncertainty for all schools making good-faith educational decisions.
Ava and her family’s current priority is to rely on every hour to build her communication skills, focusing beyond her academic success, on her future. Ava’s mother, Gina Tharpe, shared that her family’s guiding mindset is to take each day as it comes, “We always have a motto that we shoot for the day, no matter what.”
Though the case stems from a K-12 context, its implications may reach higher levels of education, especially institutions where many students with disabilities pursue degrees and certifications. These institutions, like Bellevue College, are also subject to the ADA and Rehabilitation Act, and may face new legal standards based on the Court’s ruling.
The decision follows other cases enhancing disability protections in education, including Perez v. Sturgis Public Schools in 2023.
If you are a Bellevue College student seeking accommodations, please contact the school’s Disability Resource Center here.
