Monday: October 20, 2025
State courts play an important role in upholding and enforcing the rights of people with disabilities. Here are some of the key ways state courts impact disability rights:
– Interpret state disability rights laws – Most states have enacted their own disability rights statutes, often modeled after federal laws like the ADA. State courts are responsible for interpreting these laws and setting precedent in cases brought under them.
– Hear ADA and other federal cases – State courts have concurrent jurisdiction over cases brought under federal disability rights laws like the ADA. Both federal and state courts can hear these types of cases.
– Rule on special education disputes – Parents of children with disabilities often file lawsuits against school districts under IDEA in state courts if disputes over services cannot otherwise be resolved.
– Order reforms to state institutions – Lawsuits filed in state courts have resulted in orders to improve accessibility, staffing, and care in state institutions and facilities for people with disabilities.
– Protect rights to community-based services – State courts have upheld Olmstead rights to receive state services in integrated, community-based settings.
– Preside over guardianship cases – State courts decide guardianship petitions that can remove rights from people with disabilities to manage their own affairs.
So while federal courts play a lead role, state courts also profoundly shape disability rights through their judicial powers.
