"We’re absolutely delighted with the Court’s ruling. The Westendorps have been waiting a long, long time," said Michael Stokes Paulsen, a University of Minnesota law professor who represented the Westendorps with the support of the Northstar Legal Center, the legal affiliate of the Minnesota Family Council. "The Edina School District has violated Aaron’s rights for over seven years, and has fought us in the courts for two-and-half years. That is a long time in a young boy’s life, and a crucial time in his education."

Because of a brain stem lesion, Aaron Westendorp requires the aid of an education paraprofessional to translate his sign language and help him eat through a feeding tube. But since 1991, the Edina School District has refused to provide Aaron with a paraprofessional — even though the cost would be the same whether Aaron attended a religious school or not.

Federal law requires school districts to provide certain services to children attending private schools. In addition, the court found that the religious discrimination Aaron experienced was a violation of the Free Exercise and Free Speech Clauses of the First Amendment.

The boy’s parents want him to attend Calvin Christian School, but are unable to afford both tuition and the cost of an assistant. The school’s refusal to pay for an assistant forced the family to send their son to a public school in 1994.

Aaron Westendorp’s parents argued that by refusing to provide mandated services at a private religious school, the school was violating their constitutional rights of free speech, freedom of religion, and equal protection. The school argued that its policy is to refuse to pay for the services of education paraprofessionals in all private schools, whether secular or religious, but a three-member panel of the appeals court disagreed, saying the evidence presented "strongly suggests" that the district’s policy "is a mere pretext for religious discrimination."

The Appeals Court noted that the school district has provided special education services for students at secular private schools, and to home school students. It noted that the school’s policy "appears to manifest itself only when disabled children at private religious schools request these services."

The Court sent the case back to the Trial Court for a determination of the damages and relief available to the Westendorps. The family paid for Aaron’s tuition with help from relatives but could not pay the added expense of a paraprofessional.