When Justice Is Delayed for Disabled Students, We All Lose: A Response to the Supreme Court Disability Case

Dear fellow advocates, allies, and members of our community,

As a disability self-advocate and someone who works directly with students and families navigating complex education systems, I was struck by the gravity of the Supreme Court case involving Ava Tharpe and the Osseo Area School District. At its core, this case is not just about one student—it concerns whether students with disabilities are afforded meaningful protections under existing civil rights laws when those entrusted with supporting them fail to act in good faith.

The idea that a student must endure years of harm before being granted a viable legal claim is not only morally troubling; it is legally shortsighted. The Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA) were specifically designed to proactively uphold the rights of students with disabilities. Yet when schools sidestep their responsibilities and courts set unreasonably high standards for accountability, these laws lose their effectiveness.

Ava’s experience reflects what too many disabled students and their families endure in silence: isolation, blame, and the exhausting struggle to prove they deserve basic accommodations. The fact that her request for minimal support was dismissed, and that she was ultimately placed in a setting that did more harm than good, is all too familiar to many of us advocating for change in this space. This case carries national implications. Should the Supreme Court rule that a student must exhaust every avenue under IDEA before pursuing claims under broader civil rights laws, it would set a dangerous precedent. It would compel families to navigate bureaucratic mazes, endure prolonged suffering, and accept subpar education in the name of “procedure.” Worse, it would send the message that schools can act in bad faith without fear of legal consequences, as long as they check the right boxes along the way.

Why This Matters

This case holds significant implications not only for Ava but for all students with disabilities across the nation. It underscores a much larger issue: the systemic barriers disabled students face in receiving a quality education. These barriers are often compounded by administrative delays, a lack of understanding of disability rights, and an overwhelming bureaucracy. If the Supreme Court rules against students like Ava, it risks perpetuating a cycle of inaction and harm that disproportionately impacts marginalized communities, particularly students of color, those from low-income families, and others who are already vulnerable.

Ensuring meaningful protections for students with disabilities is essential for fostering an inclusive and equitable educational system. The outcome of this case will affect not just the way schools interact with students with disabilities but also how our society values and protects the civil rights of its most vulnerable members.

Points of Caution

While it is crucial to advocate for the rights of students with disabilities, we must also recognize the potential consequences of setting overly stringent legal requirements that could, ironically, hinder rather than help these students. If the courts require families to exhaust all available channels under IDEA before they can seek relief under broader civil rights laws, it will likely lead to more bureaucratic delays. This could result in students continuing to suffer in inappropriate educational settings while waiting for resolution through an already slow-moving system.

Moreover, we must caution against using procedural technicalities as a shield for inaction. In the face of prolonged harm, the legal system must prioritize the immediate needs of students and act swiftly to ensure justice, rather than forcing families to endure further hardships to prove their case.

A Better Way Forward

To ensure that students with disabilities are not left behind, we must advocate for a more balanced approach that emphasizes both accountability and compassion. Schools should be held to the highest standards of care and responsibility, with clear, enforceable procedures to address violations of students’ rights. This includes the timely provision of appropriate accommodations and services without forcing families to navigate endless bureaucratic hurdles.

Furthermore, we need to promote a culture of proactive inclusion, where the rights of disabled students are embedded in the fabric of educational policy. Teachers, administrators, and policymakers should receive ongoing training to understand the needs of disabled students, and schools should adopt a zero-tolerance policy for neglect or discrimination.

Ultimately, our goal should be to create an educational system that is not only compliant with the law but that is truly equitable, ensuring that every student has the opportunity to succeed, regardless of ability.

A Call to Our Community

Now more than ever, we must unite in support of students like Ava and all those who are affected by systemic inequalities in education. We call upon our fellow advocates, allies, policymakers, and community members to stand firm in our commitment to justice. It is time to demand that every student, regardless of disability, receives the education and support they deserve. We must raise our voices to ensure that no student is forced to endure harm while waiting for justice, and that every step of the legal process is conducted in a manner that prioritizes their well-being and future success.

We owe it to students like Ava—and every young person with a disability—to ensure that the systems meant to protect them actually do.

Thank you for taking the time to read my response. Together, we can push for a more inclusive and just future for all students.

Sincerely, Ian Allan

Self-Advocate for the Arc of Northern Virginia