M.P. Ex Rel. D.P. v. Governing Board of the Grossmont Union High School District

BACKGROUND

The plaintiff, a seventeen year old Native American, is a senior at El Capitan High School in San Diego County. Prior to the incidents of February 1994, there was no suggestion by the plaintiffs parents, doctors or teachers that he was disabled in a manner that required special education. The student had never failed a course and generally received above-average grades. He had, however, received sixteen referrals for discipline. These incidents included fighting, insubordination, and disruptive behavior.

On February 16, 1994, the plaintiff drove his family’s vehicle to school and parked in the student parking lot. In the back of the vehicle was a pellet gun that the student claims he used the night before for shooting squirrels. A school official noticed the gun and confronted the plaintiff. The plaintiff attempted to elicit the assistance of a second student to hide the gun for him. The school official told the student not to give his keys to any other person, but the plaintiff surreptitiously gave his keys to a third student. This third student removed the gun from the vehicle.

The plaintiff was taken into the vice-principal’s office where the school official…