James Chadam v. Palo Alto Unified Sch. Dist.

MEMORANDUM

James and Jennifer Chadam, parents of C.C. and A.C., appeal the district court’s order granting Palo Alto Unified School District’s (“PAUSD”) motion to dismiss their complaint. The Chadams alleged that PAUSD was negligent and violated Title II of the Americans with Disabilities Act of 1990 (“ADA”), § 504 of the. Rehabilitation Act of 1973, and the First Amendment. We reverse the dismissal of the ADA and § 504 claims but affirm the dismissal of the First Amendment and negligence claims.

The Chadams alleged that PAUSD removed C.C. from his neighborhood school because it - believed that he had cystic fibrosis. They alleged that C.C. actually had the genetic marker for, but not the disease of, cystic fibrosis. They also alleged that, because PAUSD believed that C.C. had cystic fibrosis, PÁUSD also thought that C.C. posed a threat to other students in the school who in fact had cystic fibrosis. The Chadams alleged that PAUSD officials told those students’ parents that C.C. had cystic fibrosis and ultimately removed C.C. from his neighborhood school.

To survive the motion to dismiss their ADA claim, the Chadams’ complaint has to allege that C.C. is an individual (1) who…