A Twin Cities teen with a rare form of epilepsy won a unanimous Supreme Court ruling June 12. The ruling is expected to make it easier for families of children with disabilities to sue schools over access to education. But legal experts warn it could also add financial pressures for already-strapped school districts. Lawsuits are more likely, even if school officials are acting in good faith.

At the center of the Maple Grove family’s yearslong fight for their disabled daughter is that families alleging discrimination do not have to prove public school officials acted in bad faith when failing to make necessary accommodations.

The ruling could carry “huge” economic repercussions for school districts, said Peter Larsen, an associate professor at Mitchell Hamline School of Law in St. Paul. He said it is great for families but could be incredibly costly for local school districts.

The ruling on behalf of Osseo Area Schools student Ava Tharpe is seen as precedent-setting. The decision written by Chief Justice John Roberts clears the way for the Tharpes and other families who had been barred from suing schools in the past to now take school districts to court.

Ava’s father, Aaron Tharpe described the case as a win for families who are at odds with school districts over accommodations. “It’s a compelling victory for all students and families with kids with disabilities,” he said.

Osseo Area Schools spokeswoman Kay Villella said in a statement that the district is “committed to the principles and the ideals expressed by the Individuals with Disabilities Education Act.”

She added: “In the days and months ahead, Osseo Area Schools will continue to diligently focus on educating all of its students and providing needed services for every scholar’s learning needs.”

In 2015, the Tharpes and their then-10-year-old daughter moved to Minnesota from Kentucky for Aaron’s work. The family enrolled Ava in Osseo Area Schools after officials there said they would meet her educational needs.

Ava is now 19 and will be a senior this fall at Maple Grove Senior High School. She has a rare form of epilepsy called Lennox-Gastaut syndrome and has seizures throughout the day, although they’re much more frequent in the morning. In Kentucky, school officials agreed to give her a school day from noon to 6 p.m.

Although Osseo school officials originally said they would follow the same later-in-the-day plan, Aaron Tharpe said they did not. Years of meetings, conferences, complaints, litigation and appeals followed.

They sued the school district under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act seeking to secure her right to a full school day and compensatory damages.

Source: Star Tribune