The Supreme Court’s latest case exposes the failures of woke school policies that shortchange disabled students like Ava Tharpe. On April 28, 2025, justices heard arguments in a pivotal lawsuit against a Minnesota school district accused of denying a disabled teenager her right to a full education.
NPR reported that Ava Tharpe, a teenager with severe epilepsy, faces serious challenges, including frequent seizures that require assistance with basic tasks like walking and toileting.
Her family’s fight against the Osseo Area School System in Minnesota highlights the bureaucracy’s refusal to provide reasonable accommodations mandated by federal law. The outcome may determine whether schools face real accountability or continue dodging responsibility.
In Kentucky, Ava’s public school tailored her schedule to afternoon classes due to her morning seizures, with a teacher providing evening home instruction.
This arrangement ensured she received a full education despite her medical challenges. But everything changed when her family relocated to Minnesota for her father’s job.
The Osseo Area School System flat-out refused to continue Ava’s late-day schedule. As a result, her school hours were slashed to just 65% of what her peers received. This blatant disregard for her needs sparked a legal battle that’s now reached the nation’s highest court.
Ava’s parents didn’t sit idly by; they sued the school district, citing violations of the Americans with Disabilities Act, the Rehabilitation Act, and the Individuals with Disabilities in Education Act.
These laws require federally funded schools to provide accommodations for disabled students. Yet, Osseo’s administrators chose to ignore their obligations.
A state administrative law judge ruled in the Tharpes’ favor, slamming the district’s excuses as “not credible.” This victory forced the school to eventually provide Ava with a full school day. But the fight wasn’t over—her parents sought compensatory damages to hold the district accountable.
Compensatory damages are available under the ADA and the Rehabilitation Act, but not under the IDEA. The catch? Federal courts can’t agree on what standard parents must meet to win these damages.
In Minnesota’s federal appeals court, and four others, parents face a steep hurdle: proving the school acted with “bad faith or gross misjudgment.”
This high bar often lets schools off the hook. Two other appeals courts use a lower standard, requiring only “deliberate indifference” to the student’s needs.
The Supreme Court’s decision will resolve this split, setting a uniform standard nationwide. Disability rights groups are rallying behind Ava, arguing that schools must be held to account. A ruling in her favor could ensure fair treatment for countless disabled students.
The Osseo Area School District is crying foul, claiming a ruling against them could lead to “potentially crushing liability.” Their argument reeks of self-preservation, prioritizing budgets over students’ rights. It’s a classic tactic to dodge accountability while disabled kids suffer.
Ava’s father, Aaron Tharpe, sees the bigger picture. “If we’re successful before the Supreme Court, and we can change the standard, we’ll be able to help all these other families across the country,” he said. His words underscore the case’s potential to reform a broken system.
For too long, schools have hidden behind bureaucratic red tape, denying disabled students their rightful education. The Tharpes’ lawsuit exposes this injustice, demanding that schools prioritize students over convenience. The Supreme Court’s ruling could finally force change.
The stakes couldn’t be higher for families of disabled children. A less stringent “deliberate indifference” standard would make it easier to hold schools accountable. This could deter districts from neglecting their legal duties.
Conversely, upholding the “bad faith or gross misjudgment” standard would embolden schools to skirt responsibility. Disabled students like Ava would continue to face systemic barriers. The justices’ decision will reverberate across every school district in America.