Alex G. Ex Rel. Stephen G. v. Board of Trustees of Davis Joint Unified School District

Good Law
332 F. Supp. 2d 1315·2004 WL 1924938·2004 U.S. Dist. LEXIS 17131
United States District Court, Eastern District of CaliforniaJuly 30, 2004CIV. S03-2258DFLDADCalifornia2,784 words

Opinion

Opinion

Levi, J.

MEMORANDUM OF OPINION AND ORDER

Plaintiff Alex G. is a school-age child who is alleged to be autistic and eligible for special education services under the Individuals with Disabilities Education Act (“IDEA”). He and his parents, Dr. Stephen G. and Helen G., assert claims against the Davis Joint Unified School District and a number of its administrators and educators. Defendants move to dismiss plaintiffs’ claims under the IDEA, state tort law, and 42 U.S.C. § 1983 . The motion is GRANTED.

I. Statement of Facts & Procedural History

Alex has been diagnosed with Autism Spectrum Disorder. (FAC ¶ 1.) He had already been considered eligible for education services and had an individual education plan (“IEP”) from another school when he enrolled in the District at the start of the 2001-2002 school year. (Id. ¶ 21.) Alex was placed in a regular classroom at Valley Oak Elementary School while receiving additional educational services and support. (Id. ¶ 22.) Under Alex’s IEP, the District formulated a behavior intervention plan that called for educators or other District employees to physically restrain Alex. (Id. ¶ 23.) Though plaintiffs do not reveal why physical restraint might have…

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