My Visit to the Supreme Court of the United States
by Chaim Yehuda Meyer
On Monday, April 28th, I arrived in Washington D.C. bright and early to hear arguments in the case of A.J.T. v. Osseo Area Schools, a Supreme Court case involving a middle school student named Ava Tharpe who suffers from epilepsy. Because her seizures are worse in the morning, she wants to be able to come to school in the afternoon and receive further instruction at home in the evening. This is an accommodation that was made for her as an elementary school student in Tennessee. However, when the Tharpe family moved to Minnesota, the local school district denied this accommodation, and the family sued.
Ava’s case has gone up the court system from the administrative level to the court of appeals. Now, the Supreme Court is being asked to decide whether it’s enough for children with disabilities to show that school districts acted with indifference in denying them special education services, a lower standard, or if the children must show that the district acted with “bad faith or gross misjudgment,” a higher burden of proof. The plaintiff’s attorneys argue that the current standard adopted by many courts around the country is unfair to students with disabilities. (Currently, employees who sue for discrimination don’t have to show intent.) The school district is arguing that if the lower standard is applied, then schools that have a good faith disagreement with parents over the education that needs to be provided will still have to pay. The government agrees with the plaintiff that the more lenient standard for parents to sue should be applied.