A picture of prison bars up close with a brick floor

Disability Advocates Warn: Supreme Court Case Could Open Door to Executing People With Intellectual Disability

WASHINGTON, DC – The U.S. Supreme Court will soon hear Hamm v. Smith, a case that will determine how courts apply the death penalty to people with intellectual disability. At issue is whether judges must continue to follow established clinical standards or whether states can rely on a narrow focus on IQ scores.

Today, The Arc of the United States, joined by the American Association on Intellectual and Developmental Disabilities (AAIDD), the Bazelon Center for Mental Health Law, and the National Disability Rights Network, filed an amicus brief urging the Court to uphold existing precedent and ensure that people with intellectual disability remain meaningfully protected from execution. Oral arguments are scheduled for November 2025.

In Atkins v. Virginia (2002), the Court recognized what Americans overwhelmingly believe: executing people with intellectual disability is cruel, unconstitutional, and serves no purpose. That protection was later reinforced in Hall v. Florida and Moore v. Texas, which directed courts to follow clinical science rather than stereotypes in diagnosing intellectual disability in death penalty cases.

Now, in Hamm v. Smith, those safeguards are at risk.

Shira Wakschlag, Senior Executive Officer of Legal Advocacy and General Counsel for The Arc of the United States:
“It is settled law that executing people with intellectual disability is unconstitutional. People with intellectual disability have a specific condition, not a rote IQ number. Alabama is asking the court to erase that precedent and focus exclusively on IQ scores in evaluating whether a person has an intellectual disability. The state’s request would upend decades of precedent, ignore science, and put people with intellectual disability at risk of unlawful execution. An intellectual disability diagnosis requires a holistic and comprehensive evaluation conducted by qualified individuals. Lives are on the line.”

Why Hamm v. Smith should matter to everyone:

  • It’s about fairness. People with intellectual disability are more likely to be targeted, arrested, and wrongfully convicted. Without meaningful and science-based implementation of these protections, innocent lives could be lost.
  • It’s about science, not stereotypes. The clinical definition of intellectual disability has been developed over decades and includes a robust framework that must be used in the diagnostic process. Experts agree that diagnosis requires more than a single IQ score. Failing to ensure that courts follow clinical judgment would ignore science in favor of dangerous stereotypes.

This case is not about excusing violent crime. People with intellectual disability can and should be held accountable under the law. But intellectual disability is a lifelong, complex condition, and the Supreme Court has made clear that the Constitution draws a clear line: execution is off the table.

The Arc has fought for this safeguard for decades, including playing a critical role in Atkins. The organization and its partners will continue to fight to ensure that courts properly follow clinical judgment in defining intellectual disability in death penalty cases and that no person with intellectual disability is ever put to death in violation of the Constitution.

Media Contact:
Jackie Dilworth, The Arc of the United States, dilworth@thearc.org

###

About The Arc of the United States: The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. Founded in 1950 by parents who knew their disabled children deserved more, The Arc is now the largest grassroots organization for people with IDD with nearly 600 chapters in 48 states and Washington, DC. Together, we are promoting and protecting the rights of people with disabilities and supporting their inclusion throughout their lives—from education to employment to community living. There are approximately 7.4 million people with IDD in the United States, which encompasses over 100 different diagnoses. Visit www.thearc.org or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

Picture of the U.S. Department of Education building in Washington, DC

Supreme Court Clears Path for Dismantling of Education Department, Putting Students with Disabilities in Harm’s Way

In a fast-moving case with massive consequences for education, the U.S. Supreme Court has allowed the dismantling of the U.S. Department of Education to continue while a legal challenge plays out. The decision came without a full hearing or written explanation, and it greenlights layoffs of federal employees that could devastate services for students with disabilities.

This ruling doesn’t end the case that’s still making its way through the courts, but it means the damage could happen now, before any final decision is made about the legal issues. Here’s what you need to know.

What is the McMahon v. New York Case About?

This case is about President Trump’s firing of the federal employees who staff the U.S. Department of Education (“ED”), and his March 2025 Executive Order announcing plans to fully dismantle it. The order, called “Improving Education Outcomes by Empowering Parents, States, and Communities”, directs the Secretary of Education to take all necessary steps to close ED entirely.

ED plays a critical role in protecting and funding education for students with disabilities, including enforcing federal disability rights laws and providing special education funding to states.

What Happened Before the Supreme Court Got Involved?

  • March 2025: More than 1,400 employees (nearly half of ED’s workforce) were fired, that included the removal of essential staff who investigate complaints of discrimination on the basis of disability at the Office of Civil Rights (OCR) and staff who provide expert advice about special education law and services at The Office of Special Education and Rehabilitative Services (OSERS). In addition, the Trump Administration issued the executive order to dismantle the Department of Education this month.
  • May 2025: Groups of states, school districts, and teachers’ unions sued the federal government in two separate cases, saying that the administration doesn’t have the authority to eliminate a department created by Congress The case brought by the states (New York v. McMahon) was combined with the case brought by the school districts and teachers’ unions (Somerville Public Schools v. Trump). Now the combined case going forward is using the name New York v. McMahon.
  • Lower Courts: Both a district court and court of appeals sided against the Trump Administration, ordering the administration to rehire the affected employees while the case played out in the courts. The judges agreed that the administration could not close ED, as only Congress has the power to create or close federal agencies.
  • Appeal to the Supreme Court: The Trump administration asked the U.S. Supreme Court to pause those orders so layoffs could go forward while the case was ongoing.

What Did the Supreme Court Decide?

The Supreme Court allowed the Trump Administration to continue to fire essential federal employees at ED even though the courts have not yet ruled in New York v. McMahon. Because this was an emergency (or “shadow”) docket decision, there was no public hearing and no opinion explaining the reasoning.

Justice Sotomayor, joined by Justices Kagan and Jackson, dissented:

“When the Executive publicly announces its intent to break the law, and then executes on that promise, it is the Judiciary’s duty to check that lawlessness, not expedite it…This decision is indefensible. It hands the Executive the power to repeal statutes by firing all those necessary to carry them out. The majority is either willfully blind to the implications of its ruling or naive, but either way the threat to our Constitution’s separation of powers is grave.

Lifting the District Court’s injunction will unleash untold harm, delaying or denying educational opportunities and leaving students to suffer from discrimination, sexual assault, and other civil rights violations without the federal resources Congress intended.”

The Arc’s Position

The Arc believes every student with a disability has the right to a free, appropriate public education in an inclusive setting. The dismantling of the Department of Education undermines this right. Read more in our position statement on education.

Our CEO, Katy Neas (who served in senior leadership at ED), filed a declaration in this case, explaining that without meaningful staffing in ED’s Office of Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS), the federal government cannot effectively monitor or enforce disability rights in schools.

As she stated in the declaration:

“The dismantling of the U.S. Department of Education will have a devastating impact on The Arc’s members, people with IDD and their families. The weakening of federal oversight over special education and civil rights monitoring in schools threatens to take us back to a dark time in our nation’s history when students with disabilities were largely excluded from school, without rights or recourse.”

What Does This Mean for People with Disabilities?

This decision allows the dismantling of ED to move forward now, even though the underlying case hasn’t been decided. The firings included critical staff at OCR and OSERS. Without these staff, it will be harder to investigate discrimination in schools and help schools give students the supports they need.

Once the staff and infrastructure are gone, building them (if the plaintiffs ultimately win) will be slow and difficult. The case is still ongoing, but the Supreme Court’s temporary decision is a major blow to the stability and enforcement of education rights for children with disabilities nationwide.

Where Can I Learn More?

A map of the United States of America

A New Limit on Disability Rights Lawsuits? What the Supreme Court’s Decision in Trump v. CASA Means

Can a federal court stop the government from enforcing a harmful policy that violates people’s rights, even if those people aren’t part of a lawsuit? That’s the core question in Trump v. CASA, a U.S. Supreme Court case that could reshape how civil rights cases are handled, including those brought by and for people with disabilities.

What Is the Trump v. CASA Case About?

This case challenged whether federal courts can make a ruling that stops the federal government from enforcing a policy across the entire country. This type of ruling is called a nationwide or universal injunction and is powerful because it applies to the individuals or organizations that file a lawsuit, and it also applies to everyone affected by the policy even if they did not bring a lawsuit.

What Are the Facts of the Case?

In January 2025, President Trump issued an executive order to end birthright citizenship. It said a child born in the U.S. wouldn’t automatically become a citizen if their mother was undocumented or a temporary visitor, and their father wasn’t a citizen or lawful permanent resident. The U.S. Constitution in Section 1 of the 14th Amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Multiple parties including individuals, advocacy groups, and states sued the Trump Administration, arguing that the executive order violated the Constitution. Lower courts agreed that the plaintiffs were likely to win, and they issued nationwide injunctions to stop the policy from going into effect.

The Trump administration asked the Supreme Court to narrow those rulings, arguing that the courts had no authority to block the policy for people who hadn’t directly joined the lawsuits.

What Did the Supreme Court Decide?

In a 6-3 ruling, the Court did not rule on whether the new citizenship policy was unconstitutional. Rather, in a 6-3 ruling, the Supreme Court sided with the Trump Administration on whether lower courts could issue nationwide or universal injunctions. Specifically, the Supreme Court ruled that lower courts can no longer use universal injunctions to block federal policies nationwide—even if those policies are unlawful and harm large groups of people—if the injunction is broader than necessary to provide “complete relief” to the plaintiffs who brought the lawsuit. They based their ruling on the idea that federal courts didn’t issue universal injunctions back when the Constitution was written, and so they shouldn’t now.

Justice Sotomayor, joined by Justices Kagan and Jackson, strongly dissented:

“The Court’s decision is nothing less than an open invitation for the Government to bypass the Constitution. The Executive Branch can now enforce policies that flout settled law and violate countless individuals’ constitutional rights, and the federal courts will be hamstrung to stop its actions fully.”

Justice Jackson called the ruling a “seismic shock” that opens the door for the government to violate people’s rights unless they sue (and win) in court:

“[It’s] a gash in the basic tenets of our founding charter that could turn out to be a mortal wound…Make no mistake: Today’s ruling allows the Executive to deny people rights that the Founders plainly wrote into our Constitution, so long as those individuals have not found a lawyer or asked a court in a particular manner to have their rights protected. This perverse burden shifting cannot coexist with the rule of law.”

The Arc’s Position

The Arc believes that when disability rights are violated on a wide scale, courts must be able to respond with equally broad solutions. If a federal policy is found to be discriminatory, courts should be able to stop it—not just for one person, but for everyone affected. Our position statement on human and civil rights affirms that all people “are entitled to the protection and benefits of the civil rights laws of their country,” and that when those rights are violated, they are “entitled to protection and rights restoration.” Our experience shows that systemic problems require systemic fixes. Limiting the scope of court orders makes those fixes harder to achieve.

Class action lawsuits remain a vital tool, and we will continue to use them. But make no mistake: this decision narrows the path to justice.

How Does This Case Impact People With Disabilities?

This decision makes it harder for people with disabilities (and others whose rights are being violated) to get full protection from the courts.

In the past, nationwide injunctions have played a key role in stopping harmful policies in their earliest stages, including those affecting:

  • Medicaid access
  • Disability-based immigration restrictions
  • Discrimination in public services and programs

Now, those broad protections will be harder to get. People harmed by an illegal policy will have to file their own lawsuits or wait for a class action or a Supreme Court decision, which can take years.

While the decision also prevents courts from invalidating beneficial policies for everyone based on one lawsuit, the overall impact is still negative. Federal district courts — the ones closest to communities — are now limited in how much they can do, even when they find clear violations of federal law.

The fight for civil rights continues. Courts can still hear disability rights cases, and they can still issue powerful rulings, especially in class actions. But this decision means that the first line of defense against harmful federal policies has been weakened. The Arc remains committed to pushing for broad, systemic change in the courts, in Congress, and in communities nationwide.

Additional Reading

Picture of the front of the U.S. Supreme Court building in Washington, DC

A Supreme Court Loss for Retirees With Disabilities: What Stanley v. City of Sanford Means

What happens when a worker with a disability retires and then faces discrimination in the benefits they were promised? That was the question at the heart of Stanley v. City of Sanford, a case that made its way to the U.S. Supreme Court this year. The answer the Court gave was disappointing: under federal law, workers with disabilities lose protections under the Americans with Disabilities Act (ADA) once they fully retire.

It’s a narrow interpretation with sweeping consequences, and it sends the wrong message about fairness, dignity, and how we value disabled people in the workplace and beyond.

What Was the Stanley v. City of Sanford Case About?

This case asked whether the ADA protects retirees with disabilities from being treated unfairly in retirement benefits simply because of their disability.

What Are the Facts of the Case?

Karyn Stanley worked as a firefighter for nearly two decades in Sanford, Florida. In 2016, she was diagnosed with Parkinson’s disease, a progressive neurological condition that caused physical disabilities. Two years later, she made the difficult decision to retire before age 65.

At the time she was hired, the City offered health insurance until age 65 for two groups: those who worked 25 years or more and those who retired earlier due to a disability. But in 2003, the City changed the policy. Now, retirees with disabilities would only get 24 months of health insurance, far less than their nondisabled coworkers who stayed longer.

Ms. Stanley sued, arguing that this unequal treatment was disability discrimination under the ADA.

The U.S. District Court dismissed Ms. Stanley’s lawsuit, explaining that the ADA only protects current employees or those looking for work, not fully retired workers like Ms. Stanley. The U.S. Court of Appeals for the Eleventh Circuit agreed with this decision. Ms. Stanley then appealed to the U.S. Supreme Court.

What Did the Supreme Court Decide?

In an 8-1 ruling, the U.S. Supreme Court agreed with the lower courts, saying that the ADA does not protect against discrimination in retirement benefits for people with disabilities. This means that the ADA only covers people with disabilities who either actively have a job or are looking for work. Since Ms. Stanley was retired from her job and not actively looking for a job, she no longer counted as a “qualified” individual under the ADA.

Justice Ketanji Brown Jackson dissented, writing:

“Disabled Americans who have retired from the workforce simply want to enjoy the fruits of their labor free from discrimination… Yet, the Court ignores that right today… Americans with disabilities have proven time and again that they can overcome long odds in fighting for their own equality. When that happens, my one wish would be for this Court to stay out of their way.”

The Arc’s Position

The Arc believes people with disabilities should be able to retire with dignity and security. The ADA was meant to eliminate disability discrimination in all areas of life, including employment. Employers should not be paying people with disabilities less or offering them worse benefits than their non-disabled employees. Our position statement on human and civil rights states that federal laws like the ADA must be protected and vigorously enforced. Our position statement on employment states that people with disabilities should have “fair and reasonable wages and benefits.” Furthermore, our position statement on aging states that people with disabilities should have “access to financial support that will provide them with retirement opportunities like those available to other older people who no longer work.”

How Does This Decision Impact People With Disabilities?

This ruling creates a dangerous gap in disability rights protections. Employers may now be free to cut benefits or discriminate against disabled workers after they retire with little to no legal consequence under the ADA.

For people with disabilities, retirement is often not just a life choice; it’s a medical necessity. And yet, this decision makes it easier for employers to deny them the very benefits they earned.

The National Disability Rights Network and other disability rights organizations filed an amicus brief in support of Ms. Stanley, explaining that if the Court does not protect against discrimination in retirement benefits “the ADA’s protections against discrimination mean the least when they are needed the most — when workers with disabilities have lost their jobs. . . these workers should not be denied access to post-employed benefits that nondisabled workers enjoy. Nothing in the ADA requires this perverse result.”

While it may still be possible for some retirees with disabilities to challenge discrimination if they are actively looking for work, the ADA will no longer protect people in situations like Ms. Stanley’s.

What’s Next?

This decision narrows the reach of one of the most important civil rights laws for people with disabilities. It’s a setback, but it’s not the end. Disability rights organizations, including The Arc, will continue fighting to ensure that laws like the ADA are interpreted in ways that reflect their original purpose: to protect against discrimination and uphold the full inclusion of people with disabilities in all areas of life.

Additional Reading

Picture of the front of the U.S. Supreme Court building in Washington, DC

Can You Still Choose Your Own Doctor on Medicaid? The Supreme Court Just Made It Harder

If you’re on Medicaid, you’re supposed to be able to choose your own doctor. That right still technically exists, but now you can’t go to court to enforce it if states take that choice away. The U.S. Supreme Court made that decision in Medina v. Planned Parenthood South Atlantic, ruling that Medicaid beneficiaries no longer have an enforceable right in court if they are denied the provider of their choice. This is a big deal, especially for people with disabilities who rely on doctors they trust to understand their complex needs. Here’s what the case was about, what the Court decided, and what it means moving forward.

What Does the Medina v. Planned Parenthood Case Address?

This case asked a simple question: can people on Medicaid sue in court if they’re not allowed to choose their doctor or clinic? Under the Medicaid Act’s “free choice of provider” provision, Medicaid recipients are supposed to be able to go to any qualified and Medicaid-approved provider they choose. But if the ability to bring a lawsuit when their choice of provider is denied is taken away, they can no longer ask a court to step in for a remedy or solution.

What Are the Facts of the Case?

Julie Edwards is a Medicaid recipient with Type 1 diabetes. After being advised by her doctors that pregnancy would pose serious health risks, she sought contraceptive care at a Planned Parenthood clinic in South Carolina. There, she received the care she needed and follow-up treatment for her high blood pressure. She had such a positive experience at the clinic that she wanted to receive all her gynecological and reproductive care there if Medicaid would cover it.

Planned Parenthood South Atlantic serves both Medicaid and non-Medicaid patients and provides a broad range of services including contraception, cancer screenings, physical exams, and more. The clinics are known for offering more accessible, timely care—short wait times, same-day appointments, and extended hours—which is especially important for low-income patients, many of whom rely on Medicaid.

But in July 2018, South Carolina’s Governor issued an executive order instructing the state’s Department of Health and Human Services (DHHS) to stop making Medicaid payments to Planned Parenthood South Atlantic. The reason was to prevent the state from “subsidizing” abortion care, even though Medicaid already restricts funding for that service. Two weeks later, Julie and Planned Parenthood South Atlantic sued the Director of DHHS in federal district court, arguing that South Carolina had violated the federal Medicaid Act by ignoring the “free choice of provider” provision.

Both the U.S. District Court and the U.S. Court of Appeals for the Fourth Circuit agreed with the plaintiffs: Medicaid’s “free choice of provider” provision gives patients the legal right to choose any qualified provider, and that right can be enforced in federal court. South Carolina then asked the U.S. Supreme Court to overturn that interpretation.

What Did the Supreme Court Decide?

In a 6-3 ruling, the U.S. Supreme Court ruled that Medicaid’s “free choice of provider” provision doesn’t clearly give patients the right to sue if a state blocks their doctor choice. Instead, the Court explained that only the federal government can step in if states don’t follow Medicaid rules, not individual patients. This means if your state tells you that you can’t see a certain doctor using Medicaid, you can’t challenge it in federal court anymore.

Justice Ketanji Brown Jackson dissented, joined by Justices Sotomayor and Kagan. She warned that this decision would cause “tangible harm to real people. At a minimum, it will deprive Medicaid recipients in South Carolina of their only meaningful way of enforcing a right that Congress has expressly granted to them. And, more concretely, it will strip…countless other Medicaid recipients around the country of a deeply personal freedom: the ‘ability to decide who treats us at our most vulnerable.'”

The Arc’s Position

The Arc, along with the National Health Law Program and other partners, filed an amicus brief in this case. In it, we explained that, “allowing patients to choose a doctor who they trust and with whom they feel comfortable… is a critical component of patient autonomy, satisfaction, and even health outcomes… freedom of access to qualified providers compliments Medicaid’s primary goal of increasing access to health care for all.” Many people with disabilities need providers who understand their communication style, respect their autonomy, and can provide appropriate accommodations. When states remove that choice, it risks eroding access to quality care.

The Arc’s position statement on Human and Civil Rights states that the rights within federal laws like Medicaid must be protected and enforced by all levels of society. People with disabilities must be able to sue to enforce their rights when a state denies them. In our position statement on Health we add: “All people, including people with IDD, should have timely access to high quality, comprehensive, accessible, affordable, appropriate health care that meets their individual needs.”

How Does This Impact People With Disabilities?

This decision is a serious setback for the disability community and Medicaid beneficiaries nationwide. Many people with disabilities depend on Medicaid for health care, many of whom are unable to obtain coverage elsewhere. Disabled patients often face discrimination in health care settings and need doctors who understand their unique needs and communication styles. Being forced to see unfamiliar providers or providers who lack the training to accommodate disability-related needs can lead to worse care or no care at all. Now, under Medina, if states decide to force people with disabilities who are on Medicaid to use specific providers, patients wouldn’t be able to challenge that in court. The Court’s ruling overturns decades of precedent that protected this right in most lower federal courts.

Bottom line: You’re still allowed to choose your doctor on Medicaid. But if your state takes that choice away, it’s now impossible to fight back in court. People with disabilities deserve more control over their health care, not less.

Further Reading:

Medical equipment hanging on a wall in a medical office

What LabCorp v. Davis Means for Disability Rights and Class Action Lawsuits

The U.S. Supreme Court declined to issue a ruling in a case that could have had a major impact on how people with disabilities fight discrimination through class action lawsuits. The case, LabCorp v. Davis, involves blind patients who sued LabCorp over self-check-in kiosks that were inaccessible to them. While the Supreme Court ultimately didn’t weigh in on the central legal issue, the case still carries important implications. And the fight for accessible health care and public accommodations and a justice system that works for everyone is far from over.

What Is the LabCorp v. Davis Case About?

This case is a class action lawsuit brought on behalf of blind people who cannot access LabCorp’s self-check-in kiosks at their medical offices. While the question before the U.S. Supreme Court was procedural, it went to the heart of how people with disabilities come together to challenge systemic discrimination, and whether class actions will remain a viable tool for enforcing the Americans with Disabilities Act (ADA). The ADA requires that health care facilities and any place open to the public must be accessible to people with disabilities.

What Are the Facts of the Case?

LabCorp is a company that provides laboratory services like blood work. Most of their locations now use self-service kiosks for check-in. However, these kiosks are inaccessible to blind and visually impaired patients. A group (or “class”) of blind patients sued LabCorp in a U.S. District Court in California, arguing that the company failed to provide an accessible check-in option for them and therefore violated the ADA. The ADA requires LabCorp’s services to be usable by people with disabilities. LabCorp argued that it did not discriminate because blind plaintiffs could check-in at the front desk instead.

The plaintiffs asked the court to let them bring the case as a class action, representing not just themselves, but all blind people who tried to use a LabCorp location with a kiosk and faced the same barrier. The District Court allowed the class action to proceed. LabCorp appealed, arguing that the class was too broad and included people who weren’t harmed by the inaccessibility of the kiosks, such as blind people who preferred speaking to a front desk attendant. The plaintiffs responded that the harm wasn‘t about personal preference but not having equal access to the same service offered to others.

Before the Court of Appeals could issue a decision, the District Court changed the class definition twice to include only blind people who couldn’t use the kiosks due to their disability. LabCorp didn’t appeal those changes, just the original definition. The Ninth Circuit then sided with the plaintiffs, affirming the original class definition and that the lawsuit could proceed as a class action. LabCorp then took the case to the U.S. Supreme Court.

What Did the U.S. Supreme Court Decide?

In an 8-1 decision, the Supreme Court dismissed the case without ruling on the core issue. That means that the Justices declined to say whether the class action was valid. Why? Because the lower court had already changed the class definition twice and the version LabCorp was challenging was no longer in play. The Supreme Court said it couldn’t make a ruling based on facts that had shifted.

The Arc’s Position

The Arc’s position statement on Human and Civil Rights stresses that the rights of people with disabilities under laws such as the ADA must be protected and enforced. Health care facilities and any place open to the public must be accessible to people with disabilities, including newer technology like the kiosks provided by LabCorp. Class action lawsuits are one of the most powerful ways people with disabilities can challenge discrimination on a systemic basis. If people are denied accessible services, they should be able to seek justice—not just for themselves, but for others facing the same barriers.

How Does This Case Impact People With Disabilities?

Although the Supreme Court did not rule on the key question, the outcome leaves the door open for future disability-related class actions in lower courts. This case highlights the urgent need for accessibility in health care, and how technology can create new barriers if inclusion isn’t built in from the start. Whether it’s checking in for an appointment, applying for a job, or accessing public services, people with disabilities deserve equal access. And when that access is denied, the legal system must be a place where systemic change is still possible.

Picture of the front of the U.S. Supreme Court building in Washington, DC

A Major Supreme Court Win: Discrimination Protections for Students With Disabilities

On June 12, 2025, the U.S. Supreme Court released its decision in A.J.T. v. Osseo Area Schools, a case that could’ve shook the very foundation of disability civil rights. The Court ruled that students with disabilities have the right to seek justice for discrimination in schools without facing legal barriers that don’t exist in workplaces, housing, or other areas of public life. Here’s why this case matters and what you need to know.

What Is the A.J.T. v. Osseo Area Schools Case About?

This case is about whether federal disability rights laws require children with disabilities to meet a strict “bad faith or gross misjudgment” standard when suing because they experienced discrimination in K-12 public schools. This standard means that families would have to prove that school districts and/or administrators acted with a level of intent beyond negligence or indifference, requiring evidence of dishonesty, ill will, or a conscious disregard for the student’s rights This high standard is not required to prove disability discrimination in any other context, including in the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, which only require showing that the defendant acted with “deliberate indifference.”

What Laws Protect Students With Disabilities?

The Individuals with Disabilities Education Act (IDEA) guarantees a free, appropriate public education for eligible students who have disabilities and need specialized instruction and related services. These services are established in an individualized education plan (IEP) that is created by the child’s parents and the school.

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in places that receive federal funding. Most, if not all, public schools receive federal funding. Section 504 requires schools to provide reasonable accommodations for students with disabilities. Reasonable accommodations can include allowing a child with diabetes to eat whenever necessary and not be limited to snack of lunch time.

The Americans with Disabilities Act bars discrimination in services provided by state and local governments. Public schools are operated by state or local governments. Like Section 504, the ADA requires schools to provide reasonable accommodations to students with disabilities.

What Are the Facts of the Case?

Ava is a student with epilepsy who needed evening instruction due to her seizures, which are so severe in the morning that she can’t go to school until noon. Due to this delayed start, she receives half the educational time as her peers do. Her parents asked for evening instruction to make up for these lost learning opportunities, but the school district denied their requests. Ava’s parents then sued, alleging violations of Section 504 of the Rehabilitation Act (Section 504) and the ADA.

Both the District Court and the Court of Appeals decided that a school district’s failure to provide reasonable accommodations is not enough to establish a violation of Section 504 and the ADA. Instead, the lower courts look to see if the school acted with “bad faith or gross misjudgment.” This is a hard standard to meet, and is only applied in certain jurisdictions. It is not applied to other ADA or Section 504 claims outside of school settings. After losing at the District Court and the Court of Appeals, Ava appealed to the U.S. Supreme Court.

What Did the U.S. Supreme Court Decide?

In a unanimous decision, the U.S. Supreme Court held that students should not have to show that a school acted in bad faith or with gross misjudgment in order to bring a Section 504 or ADA claim. The Court held that “ADA and Rehabilitation claims based on educational services should be subject to the same standards that apply in other disability discrimination contexts.”

The Court explained that the text of Section 504 and the ADA indicate that courts should not apply a higher standard for discrimination in the K-12 education context than they would in any other disability discrimination case. The ADA and Section 504 plainly applies to “qualified individuals with disabilities” without any reference to where the disabled person obtains a covered service. The U.S. Supreme Court acknowledged that students with disabilities “face daunting challenges. . . those challenges do not include having to satisfy a more stringent standard of proof than other plaintiffs to establish discrimination under” the ADA and Section 504.

The Court also refused to consider a sweeping argument seeking to gut federal disability rights laws by requiring people with disabilities to prove intent in every case of discrimination. That position is flatly inconsistent with the law and would have stripped millions of people with disabilities of the protections Congress put in place to prevent systemic discrimination. The very foundation of disability civil rights was on the line.

The Court made clear that schools cannot be held to a lower standard of accountability than other public institutions. Students with disabilities should not have to fight an uphill battle just to hold their schools accountable for unlawful discrimination.

The Arc’s Position

The Arc of the United States has a storied history with federal education laws. In 1971, before federal protections for people with disabilities existed, states were free to exclude children with disabilities from their public schools—and many did. Millions of children were denied an education, not because they couldn’t learn, but because our society didn’t believe they were worth educating. That changed because of federal action. Parents, led by The Arc, fought in court and won. Their victory laid the foundation for the IDEA, which secured the right to a free, appropriate public education for students with disabilities, regardless of the nature or severity of their disability

The Arc’s position statement on education states that all students ought to receive the education to which they are legally entitled; that is a free appropriate public education that includes fair evaluation, the right to progress, individualized supports and services, high quality instruction, and access to the general education curriculum in age-appropriate inclusive settings. All those involved in the education of students with disabilities must ensure that their individualized needs are taken into consideration, that they are challenged and have ambitious goals, and that their families have meaningful participation in the design and monitoring of their Individualized Education Programs (IEPs).

The Arc, alongside other disability rights organizations, submitted an amicus brief in support of the disabled student Plaintiff in A.J.T. The brief gave several case examples where a higher standard of proof enabled schools to freely discriminate against students with disabilities.

How Does This Case Impact People With Disabilities?

This case is important to both students and parents of students with disabilities. The ADA and Section 504 provide relief from education-related discrimination, but many courts applied the gross misjudgment standard. This standard made it harder for students to seek relief in federal court. By overturning that standard, the U.S. Supreme Court’s common-sense decision in A.J.T. v. Osseo Area Schools will allow more disabled people to vindicate their rights in a court of law. The Court restored the full protection of federal disability nondiscrimination law to millions of disabled students. This case was a victory for students with disabilities and their families.

Where Can I Learn More?

AJT v. Osseo Area Schools Case Page

A picture of a brown gavel against a white background

Challenging Segregation of Children With Disabilities in Foster Care

In May 2025, The Arc and other disability rights organizations filed an amicus brief in support of the Plaintiffs-Appellants in the case Jonathan R. v. Morrisey. The case is about children with disabilities challenging disability discrimination in a state foster care system, and the ability of the district court to grant them relief.

What Are the Facts About Jonathan R. v. Morrisey?

The plaintiffs are children with disabilities in West Virginia’s foster care system. The plaintiffs filed this class action lawsuit claiming that state officials discriminated against them by failing to provide foster care services in integrated settings.

By law, people with disabilities should receive services in the setting that allows them to interact with non-disabled people to the fullest extent possible. This is required by Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, and reinforced by the U.S. Supreme Court’s decision in Olmstead v. L.C. ex rel. Ziming.

The plaintiffs alleged that West Virginia is placing children with disabilities in segregated settings, in violation of the ADA and Section 504. The plaintiffs asked that the court declare the actions of the West Virginia Department of Human Services (DHS) to be unconstitutional and that the court grant relief that will reform DHS and ensure that it follows federal disability law. Specifically, the plaintiffs seek what is called systemic injunctive relief, which aims to change the child welfare system as a whole. Systemic injunctive relief focuses on remedying larger issues with a service system, instead of narrow/individual violations of the law.

The district court dismissed the case on the grounds that it did not have the power to grant relief because doing so would put the court in the position of policy maker. The court also held that the West Virginia foster children did not have standing to pursue their claims. The plaintiffs appealed to the U.S. Court of Appeals for the Fourth Circuit.

Why Does This Case Matter for People With Disabilities?

Children with disabilities in the child welfare system are entitled to be served in the most integrated setting appropriate to their needs, but this is often not the reality. Federal courts have the power to protect the rights of people with disabilities through systemic relief. If the appeals court upholds the district court’s decision, it will make it significantly more difficult for people with disabilities to seek systemic injunctive relief for violations of the ADA and Section 504.

What Is The Arc’s Position?

In our amicus brief, The Arc its and partners explain that children with disabilities in West Virginia’s foster care system are being unlawfully segregated in residential institutions and other types of facilities, instead of receiving services in community-based settings. The plaintiffs have the right to sue under those laws to challenge that segregation in federal court. Because discrimination against people with disabilities often occurs across a system of government services, courts regularly offer systemic relief to end a systemic violation of federal disability rights.

The Arc joined this amicus brief because of our position statement on early childhood services, which states that “substantial research and successful experience have established that early childhood services should be delivered in natural settings and, to the maximum extent possible, with same-aged peers who do not have disabilities.” Additionally, The Arc’s position statement on Human and Civil Rights states that “all people with IDD have the right to accommodations, assistance, and supports they need to exercise and ensure their human and civil rights.” Human and civil rights include the right to justice, equality, well-being, and equality of opportunity.

Courts have the power to grant appropriate systemic injunctive relief when it is necessary to remedy discrimination against people with disabilities.

Where Can I Find More Reading?

Jonathan R. v. Morrisey Case Page

Picture of the front of the U.S. Supreme Court building in Washington, DC

Why This Supreme Court Case Matters for Students With Disabilities

Oklahoma Statewide Charter School Board v. Drummond/St. Isadore of Seville Catholic Virtual School v. Drummond

In May 2025, the U.S. Supreme Court couldn’t agree on a big case about whether a religious school in Oklahoma should get public money. Because the justices were split 4 to 4, the lower court’s decision stayed in place. That means the school won’t get state funding.

This case matters for students with disabilities. When public money goes to private or religious schools, those schools don’t always have to follow the same laws that protect students with disabilities. That can take away important rights and supports kids need to learn.

Here’s what you need to know.

What Is This Case About?

The U.S. Supreme Court was asked to weigh in on whether states can use taxpayer money to fund religious charter schools. Under the U.S. Constitution’s First Amendment, there are limits on government involvement with religion, including funding.

What Are the Facts of the Case?

In this case, Oklahoma approved a charter for St. Isidore of Seville Catholic Virtual School, a religious school funded with public dollars. Private charter schools are outside of a traditional public school system, as a public school district contracts with a private entity to create the school. However, many charter schools are funded by public tax dollars, just like a traditional public school. Thus, these public charter schools are public schools under Oklahoma law and must follow federal civil rights laws. They also must not promote any one religion. So, the state of Oklahoma sued to cancel its contract with the school. The Oklahoma Supreme Court agreed and ruled that the religious charter school was unconstitutional. St. Isidore appealed to the U.S. Supreme Court.

What Did the Supreme Court Decide?

In May 2025, the U.S. Supreme Court issued a 4-4 split decision. Because Justice Amy Coney Barrett recused herself and the remaining justices were evenly divided, the lower court’s ruling stood. That means that the Oklahoma Supreme Court’s decision remains in effect: that the religious charter school was unconstitutional and public money cannot be used to fund this religious charter school.

The Arc’s Position

The Arc’s position statement on education states that every student deserves a quality education—and the law is clear that students with disabilities have the right to:

  • A free and appropriate public education
  • Individualized supports and services
  • Inclusion in general education classrooms
  • Equal access to academics, extracurriculars, and more

When schools receive public funding—whether traditional, charter, or when a private school enrolls a student with a disability who is publicly placed in that private school—The Arc maintains that they are required to follow federal civil rights laws like the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA).

Traditional private and religious schools that do not receive public funds are largely not required to follow these laws. As explained in an amicus brief on behalf of the National Center for Learning Disabilities, religious charter schools receiving public funding would be required to serve students with disabilities to the same extent as other public schools but would likely be unable to meet their full range of needs The impact would be compounded by the overall inexperience of religious schools in accommodating the needs of students with disabilities. Religious schools may also seek First Amendment exemptions from these requirements.

Because traditional public schools must be open to all, requiring them to share funding with religious charter schools while still educating the majority of students with disabilities would further strain their resources and jeopardize the quality of the education they can provide.

That’s why The Arc strongly opposes the use of public money for schools that may be more likely to deny students with disabilities their rights.

How Does This Case Affect Students With Disabilities?

This decision protects students in Oklahoma, but it also sends a national message. Letting public dollars flow to religious private charter schools without ensuring full civil rights protections and adequate funding would harm students with disabilities.

Families should never have to give up their child’s legal rights just to find a school that works for them. But that’s what can happen when private charter programs don’t guarantee equal access. Money is taken from public schools (where federal protections apply) and given to schools where they often don’t or offer more limited protections. That can mean no individualized education plan, no supports, no recourse.

This case helps stop that from happening in Oklahoma. And it’s a win for the rights of students with disabilities.

Further Reading

Red, white, and blue stickers that say "I Voted."

Federal Court Rules Texas S.B. 1 Violates Rights of Voters with Disabilities Under the ADA and Section 504

Editor’s Note: You can find the latest news on this lawsuit in this case page. If you need assistance to vote, visit www.fvap.gov.

WASHINGTON, DC – In a major victory for disability rights, a federal court has ruled that Texas Senate Bill 1 (S.B. 1) violates the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act by imposing significant barriers to voting for people with disabilities. The ruling, issued by Judge Xavier Rodriguez of the U.S. District Court for the Western District of Texas, declares that several provisions of S.B. 1 disenfranchise disabled voters, reinforcing that the state’s “know-nothing-do-nothing” approach to ADA compliance in elections is unlawful.

“This decision sends a clear message: systemic barriers that prevent people with disabilities from fully participating in the electoral process are illegal,” said Shira Wakschlag, Senior Director of Legal Advocacy and General Counsel for The Arc of the United States. “The court carefully considered the experiences of The Arc’s members—voters with disabilities and their assistors—and found that S.B. 1 subjected them to barriers that blocked their voices on issues that directly impact their daily lives, stripping them of their fundamental right to participate in our democracy. Even when voters with disabilities managed to cast a ballot, they endured significant burdens that are themselves violations of federal law. This ruling affirms that the right to vote must be more than theoretical. It must be meaningful, accessible, and free from unnecessary hardship. The Arc celebrates this decision and will continue fighting nationwide to protect the rights of voters with disabilities.”

This ruling makes it clear that “Texas voters with disabilities deserve better,” the court concluded. “And the ADA and Section 504 demand more.”

The court found that, contrary to the state’s argument, voters with disabilities should not have to fight through unnecessary obstacles just to exercise their fundamental right to vote. Public entities have an affirmative obligation under the ADA and Section 504 to proactively ensure accessibility, rather than waiting for voters with disabilities to request accommodations. The ruling also emphasized the real harm caused by criminalizing voter assistance, an issue exacerbated by the ongoing crisis in the direct care workforce, and creating barriers to voting by mail.

“This decision doesn’t just validate the inequitable barriers faced by Texans with disabilities when voting. It puts a stake in the ground that nothing short of true, meaningful voting accessibility is acceptable under the law,” said Jennifer Martinez, CEO of The Arc of Texas. “This ruling recognizes the powerful testimony from our members who bravely shared their experiences in court. Their voices changed history.”

S.B. 1, enacted in 2021 under the guise of election integrity, imposed a maze of restrictions that disproportionately harmed voters with disabilities. Among its most damaging provisions, the law:

  • Criminalized certain forms of voter assistance, deterring family members, caregivers, and others from helping voters with disabilities navigate the voting process;
  • Created burdensome ID requirements for mail-in ballots, leaving many voters (especially those who lack access to reliable transportation) unsure whether their ballot would be accepted;
  • Forced voters with disabilities to navigate an intimidating system that threatened their privacy and put their assistors (many of whom are immigrants and people of color) at risk of criminalization, while preventing election officials from taking proactive steps to ensure accessibility.

The Arc of the United States and The Arc of Texas, alongside civil rights groups including the Legal Defense Fund (LDF), Delta Sigma Theta Sorority, Inc., and the Houston Area Urban League, and the law firms Arent Fox Schiff and Reed Smith, have been fighting this law in court since it was enacted. This latest ruling builds on a previous decision from October 2024, in which the court found that sections of S.B. 1 violated the Voting Rights Act by limiting the right of voters with disabilities to receive assistance from the person of their choice. This new decision goes even further by addressing vote-by-mail restrictions and voter assistance criminalization, key issues that disproportionately impact voters with disabilities.

“This ruling is a significant triumph for the three million voters with disabilities across Texas and the ongoing fight for an inclusive democracy,” said Jennifer A. Holmes, Deputy Director of Litigation at the Legal Defense Fund. “The Court’s decision strikes down barriers that unfairly burdened and excluded voters with disabilities, ensuring they can exercise their fundamental right to participate in the franchise. The right to vote is illusory if election procedures are not accessible to all voters. This ruling strengthens the fairness of our electoral system by ensuring equal access to the ballot box.”

“At trial, the Court heard testimony regarding the significant barriers disabled voters face in any election and that S.B. 1 exponentially compounded issues people with disabilities faced,” said J. Michael Showalter, partner at ArentFox Schiff. “We were proud to stand with our clients Delta Sigma Theta Sorority and The Arc of Texas in removing barriers that limited Texans’ with disabilities rights to cast their votes.”

The court’s permanent injunction prohibits Texas state and county election officials from enforcing the challenged provisions of S.B. 1, though the ruling is stayed until after the May 2025 election under the Purcell principle.

The Arc remains committed to ensuring that every person with a disability has equal access to the ballot and will continue to fight voter suppression laws that undermine this fundamental right.

###

About The Arc of the United States: The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. Founded in 1950 by parents who knew their disabled children deserved more, The Arc is now the largest grassroots organization for people with IDD with nearly 600 chapters in 48 states and Washington, DC. Together, we are promoting and protecting the rights of people with disabilities and supporting their inclusion throughout their lives—from education to employment to community living. There are approximately 7.4 million people with IDD in the United States, which encompasses over 100 different diagnoses. Visit www.thearc.org or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

About The Arc of Texas: The Arc of Texas is a statewide advocacy organization that promotes, protects, and advocates for the human rights and self-determination of Texans with intellectual and developmental disabilities (IDD). We envision a world where Texans with intellectual and developmental disabilities are included in their communities with quality support and services that meet their needs and choices. The Arc of Texas focuses on four policy pillars impacting Texans with IDD: 1) quality of life (community supports and services), 2) inclusive education, 3) integrated employment, and 4) civil rights and justice.