On June 12, the Supreme Court made it easier for students with disabilities to sue school districts that don’t offer them the “free, appropriate public education” they are entitled to under federal law. This “includes adhering to every detail of a student’s individualized education plan, or IEP—even when it means hiring staff, building a specialized classroom setting, or sending a student to an external provider,” Education Week explains.
“In its [unanimous] decision,” CNN reports, “the Supreme Court ruled that the same standard that applies in other disability contexts should also apply in schools. It doesn’t mean that the families will necessarily win their cases, but it will make it easier for them to bring their claims.”
To be sure, this is an important ruling for students with disabilities and their families.
A group of five people smiling and drawing together at a table with colorful markers.
“This outcome gets the law exactly right, and it will help protect the reasonable accommodations needed to ensure equal opportunity for all,” said Roman Martinez, a lawyer for the family.
National Disability Rights Network Executive Director Marlene Sallo was also happy with the ruling.
“We applaud this monumental decision that affirms the ADA and Section 504 rights of students and sets a clear and widely recognized standard for pursuing these claims,” Sallo said in a statement.
Not everyone feels this way, however.
According to USA Today, “Schools across the country worry that making lawsuits easier to win will create a more adversarial relationship between parents and schools in the difficult negotiations needed to balance a student’s needs with a school’s limited resources.”
This is a legitimate concern. After all, the cost to provide students with disabilities a “free, appropriate public education” can be quite high.
However, looking at this issue as creating an “adversarial relationship” between parents and schools is not looking at the entire picture. The issue is by and large one of funding, which can certainly create adversarial relationships between schools and states that don’t invest in their public schools as well as the federal government, which has never provided the amount of funding necessary, despite past promises.
A hand reading a Braille book.
Ideally, educating all children would be a high priority for the federal government and for every state. The United States is capable of affording virtually anything when it deems that thing a priority. When it comes to education funding, there should be no adversarial relationships between schools and the governments that fund them. We should all be on the same team, investing in our future by providing our young people with the best education possible.
Unfortunately, for too many lawmakers education funding is not a priority. The result is students with disabilities who do not get their educational needs met, which is against the law. Thus, there must be access to the courts for them and their families, which this Supreme Court ruling protects.
In fact, the disability rights movement owes much of its progress to hard-won lawsuits and legislation: the 1927 court ruling against the forcible sterilization of people with disabilities, the 1963 Community Mental Health Act, the 1990 signing of the Americans with Disabilities Act to, the broadening of ADA protections that came in 2008, and so much more. (A disability rights timeline is featured in our ADA Pride displays that will be available in select public libraries across the country in July. You can also view the timeline virtually.)
Legal and legislative action is a vital part of continuing to advance the rights of people with disabilities in all areas of life. Education is a prime example. Because of cost, there are those who believe that students with disabilities are simply not worth the expense.
We, of course, know otherwise. Unfortunately, this attitude also negatively affects other urgent needs of the disability community such as providing accessible transportation, ensuring access to mental health care, and making housing that is both affordable and accessible.
Person in a wheelchair using a computer in a library.
Unsurprisingly, all of these things cost money. Given the fact that very few elected officials at the state and federal level have disabilities themselves, nor do they struggle with a lack of access to the things that allow them to live fully in their communities, it is up to people with disabilities and our allies to advocate for our needs. Access to the courts is important, but so is reaching out to our elected officials and not only letting them know what we need, but also asking them to make those needs a legislative priority.
Intentionally or unintentionally, it is too easy to ignore people with disabilities. We must proactively engage our legislators and communities so that we are seen, heard, and valued.
We invite you to reach out to elected officials and speak up. Using forms on our website, you can contact lawmakers directly about accessible transportation, access to mental health services, and affordable and accessible housing. When we combine our voices, we are too loud to be ignored. And that is what change sounds like.
If you’re looking for resources, support, or a way to get involved, contact your local Center for Independent Living today.