For Immediate Release: June 13, 2025
Contact: Jess Davidson at jdavidson@aapd.com; 202-465-5528
WASHINGTON, D.C. — The American Association of People with Disabilities (AAPD) applauds the United States Supreme Court’s decision in AJT v. Osseo Area Schools, a vital ruling that strengthens the rights of students with disabilities and reaffirms their access to equal education under the law.
In this case, Ava Tharpe, a student with severe epilepsy and complex care needs who cannot attend school before noon due to the frequency of her seizures in the morning, and her family filed a lawsuit claiming discrimination after her public school district failed to provide her with reasonable modifications for her unique needs.
Ava had been receiving educational instruction in the evening while she and her family lived in Kentucky. However, after the family moved to Minnesota in 2015, their new school district refused repeated requests to provide instruction between 4:30pm and 6:00pm due to her morning seizures. Instead, the Osseo Area Schools only provided Ava with 65% of the instructional time received by other students. Tharpe and her family claimed the school violated her rights under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act by not meeting her educational needs and by discriminating against her because of her disability.
The school district said that because Ava had already gone through a complaint process under the Individuals with Disabilities Education Act (IDEA), she had to meet extra requirements before she could bring claims under the ADA and Section 504. A federal judge sided with the school district, saying that the Tharpe family would need to prove “bad faith” or “gross misjudgment” by the school district to mount a discrimination claim under Section 504 or the ADA. The Eighth Circuit Court of Appeals affirmed the District Court’s decision, and Tharpe appealed to the U.S. Supreme Court.
The Supreme Court reversed the Appeals Court ruling and unanimously ruled in favor of Ava Tharpe. The Court made it clear that students with disabilities do not have to meet a higher standard of “bad faith” or “gross misjudgment” to hold schools accountable for discrimination under Section 504 or the ADA. Instead, the Court found that schools, like other covered entities under the ADA and Section 504, can be liable for injunctive relief for disability discrimination even if their discrimination is not intentional. In addition, covered entities can be liable for damages for disability discrimination done with “deliberate indifference,” a lower standard or intent than “bad faith” or “gross misjudgment.” This decision confirms that students and families can pursue legal action when they believe their rights have been violated—without being forced to clear unnecessary legal hurdles.
“The Supreme Court’s decision in AJT v. Osseo Area Schools, though narrow in scope, is a major victory for students with disabilities and their families. The ruling sends a strong message that schools must be held accountable under all applicable federal disability laws. It ensures that students with disabilities do not have to jump through extra hoops or meet a heightened burden of proof in order to seek recourse against a school district that is failing to provide them with a reasonable modifications, as required by federal law,” said Maria Town, President and CEO of AAPD.
AAPD celebrates this ruling as a step forward in protecting the civil rights of students with disabilities and ensuring that every student receives the support they need to succeed in school. We remain committed to advocating for a more inclusive and equitable education system for all.