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

Good Law
387 F. Supp. 2d 1119·2005 WL 2016836·2005 U.S. Dist. LEXIS 21255
United States District Court, Eastern District of CaliforniaAugust 19, 2005CIV-S-03-2258 DFLCMKCalifornia4,812 words

Opinion

Opinion

Levi, J.

MEMORANDUM OF OPINION AND ORDER

Plaintiff Alex G. (“Alex”) is an elementary school student who is eligible for special education services under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. He and his parents, Dr. Stephen G. and Helen G., assert several claims against the Davis Joint Unified School District (the “District”), the District’s board of trustees (the “Board”), and a number of its administrators and educators. Defendants move for summary judgment on plaintiffs’ discrimination and retaliation claims under § 504 of the Rehabilitation Act of 1973 (“ § 504”), 29 U.S.C. § 794 . The motion is GRANTED.

I.

Alex is a third-grader with autism. (Defs.’ SUF ¶ 6.) In August 2001, Alex’s family moved to Davis and enrolled Alex in the first grade in the District for the 2001-02 school year. (Id.; Wedner Decl. Ex. A at 4.) In accordance with Alex’s individualized education plan (“IEP”) from the transferring school district, the District placed Alex in a regular education classroom at Valley Oak Elementary School (“Valley Oak”) with support services. (Mot. at 2.) In addition, the District developed a behavior intervention plan (“BIP”) to address…

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