Unanimous Supreme Court Makes it Easier to Sue Schools in Disability Cases
On June 12, 2025, the U.S. Supreme Court issued a unanimous decision in Tharpe v. Osseo Area Schools, clarifying the standard under which students with disabilities can pursue discrimination claims against public schools under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The ruling removes a stricter legal standard previously applied by some lower courts and has immediate implications for both institutional compliance and legal strategy.
The case involved Ava Tharpe, a student with severe epilepsy who had received evening instruction in Kentucky due to daily morning seizures that prevented her from attending regular classes. After moving to Minnesota, the Osseo Area School District refused to provide a similar accommodation, significantly reducing her access to education. Ava’s family filed suit under the ADA and Section 504, alleging disability-based discrimination. Although the district court granted some relief, it dismissed the statutory discrimination claims for failure to show that the school acted in “bad faith” or with “gross misjudgment” –a heightened standard the Eighth Circuit upheld.
The U.S. Supreme Court overturned the lower courts’ rulings, holding that students pursuing disability discrimination claims under the ADA and Section 504 are not required to meet the heightened “bad faith or gross misjudgment” standard. Writing for the Court, Chief Justice Roberts explained that the ADA and Section 504 require only a showing of “deliberate indifference,” meaning the school must have known about the student’s disability and need for accommodation and failed to respond reasonably. The Court emphasized that this is the same standard applied in other ADA and Rehabilitation Act contexts, and nothing in the statutes suggests a higher bar should apply in the education setting.
The decision is significant because it lowers the burden for students seeking relief and allows more cases to move forward. By rejecting the “bad faith or gross misjudgment” requirement, the Court has broadened the path to recovery for students who are denied accommodations.
The new ruling will not bring significant change to circuits like the Third and Ninth Circuits, which had already applied the “deliberate indifference” standard to claims arising under the ADA and Section 504. In the Third Circuit, for example, plaintiffs could already seek damages by showing that school officials knew of and disregarded a substantial risk of discrimination against a student with a disability. By adopting this standard nationwide in Tharpe v. Osseo Area Schools, the Supreme Court resolved a circuit split and brought clarity and consistency to the legal framework, ensuring that all students across the country are subject to the same standard when asserting their rights under federal disability laws.
For school districts and legal counsel in circuits that had not previously applied the “deliberate indifference” standard, the ruling increases the risk of liability. Plaintiffs now only need to show that school officials were aware of the disability and failed to act or provide necessary support–a more plaintiff-friendly standard. As a result, schools should proactively review their accommodation practices, documentation procedures, and staff training to reduce exposure to legal challenges. For lawyers, this decision highlights the need to keep detailed records showing when the school was notified of a student’s disability, how it responded, and whether the accommodations were reasonable. Going forward, defense strategies will focus on showing that the school acted promptly and appropriately once it knew about the student’s needs.
In conclusion, the Supreme Court’s decision strengthens the rights of students with disabilities and makes clear that schools cannot ignore accommodation needs without consequences.
Should you have any questions, please feel free to contact an attorney from the special education practice group at Eastburn and Gray.
