Minnesota family involved in Supreme Court ruling on school disability lawsuits speaks out

The U.S. Supreme Court this week sided with a Minnesota family in providing an even playing field for disability lawsuits against school districts. 

Parents Aaron and Gina Tharpe spoke with WCCO about the historic ruling. 

“It’s just extraordinary, a 9-0 decision in today’s environment by all nine justices, all siding for kids with disabilities,” dad Aaron Tharpe said. “It means a lot to us, but it means a lot to every single family across the country who has a disabled child.”

At the heart of this is Ava Tharpe, a now 19-year-old living with a rare form of epilepsy. 

“She’s funny, and energetic and just an overall, the sweetest person that you’d ever want to meet,” mom Gina Tharpe said.

Gina, Ava and Aaron Tharpe.

Tharpe family

The Tharpes say that when they moved into the Osseo school district 10 years ago, Osseo Area Schools agreed to disability accommodations and extended services for her learning, and then went back on that promise. 

“The day before school was to begin, we were told that they would not adopt the IEP as they have in Kentucky. Ava has seizures quite frequently in the morning, and so she just can’t come to school before noon,” Aaron Tharpe said.

It began a 10-year battle fighting for their daughter’s education. 

“We didn’t start this fight. The school district took services away from our daughter, and when she was matriculating to middle school, they wanted to take further services away from her because the bell would end even earlier than in elementary school, and we just could not agree to further reductions in services,” Aaron Tharpe said.

Their case went through courts in Minnesota, and after setbacks, the family took it all the way to the U.S. Supreme Court. The justices found students who bring claims under the Americans with Disabilities Act or Rehabilitation Act don’t have to show “bad faith or gross misjudgment” and now follow the same standards as other disability discrimination claims. 

“Any family with a child who’s disabled and who needs an accommodation, if the school district now refuses to provide that accommodation, the law has now changed. It’s an equal playing field,” Aaron Tharpe said.

“I hope that this will change for other parents, other moms, single parents who can’t fight this fight with a special needs child. It’s just, it feels so much lighter,” Gina Tharpe said.

The case now goes back to the lower court in Minnesota to apply the new standard to the family’s claims.

Osseo Area Schools told WCCO in a written statement:

Osseo Area Schools educates nearly 21,000 students, including 3,000 students with disabilities whom have the right to education from birth through age 22. The goal of our dedicated educators is to ensure that every scholar has what they need to benefit from the exceptional opportunities, support and partnerships available in the district. We’re committed to the principles and the ideals expressed by the Individuals with Disabilities Education Act (IDEA).

Today, the U.S. Supreme Court held that under the Americans with Disabilities Act and the Rehabilitation Act, disability discrimination, “claims based on educational services should be subject to the same standards that apply in other disability discrimination contexts.” The court declined to decide what the particular intent standard is for such claims.

The case will now return to the trial court for next steps consistent with the court’s ruling. 

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. 

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Jennifer Mayerle

Jennifer Mayerle happily returned to Minnesota and WCCO, where she began her career as an intern. The Emmy and Edward R. Murrow award-winning journalist joined WCCO as a reporter in May 2014. She also anchors “WCCO Saturday Morning” from 8-9 a.m.