Rogers v. Ability First CA2/8

FACTS

Background Robert is diagnosed with autism. In May 2011, Robert participated in programs at Ability’s facility in Pasadena for youths with developmental and other disabilities to teach them life skills and improved social skills. According to the deposition testimony of Robert’s mother, Eva Graham, which was submitted by Ability in support of its MSJ, Robert was “probably one of the higher functioning kids at his age level” at Ability, and did not require any special accommodations at Ability. Further, Ms. Graham’s deposition testimony showed she understood that Ability did not provide one-on-one supervision for its attendees, and that she had been advised that Ability could not accept Robert into its programs if he required one-on-one supervision. Accordingly, Ms. Graham had arranged for Robert’s physician to certify to Ability that Robert did not require one-on-one supervision, and that the supervision offered at Ability was sufficient to meet Robert’s needs. On May 13, 2010, Robert’s grandmother, Janet Graham, who was “absolutely” acting with the authority of Robert’s mother, Eva Graham, signed a “Consent to Travel Offsite” form to allow Robert to leave Ability’s…