Lausd

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 1 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CLAUDIA HERRERA; CESAR ORTIZ, No. 20-55054

Plaintiffs-Appellants, D.C. No. 8:17-cv-00069-JVS-KES v.

LOS ANGELES UNIFIED SCHOOL MEMORANDUM*

DISTRICT, a public entity; et al.,

Defendants-Appellees,

and

COUNTY OF LOS ANGELES,

Defendant.

Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding

Argued and Submitted August 30, 2021 Pasadena, California

Before: IKUTA, BENNETT, and R. NELSON, Circuit Judges.

Erick Ortiz was an autistic high school student in the Los Angeles Unified

School District (“LAUSD”) who tragically drowned at an end-of-year class party at

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. the Atlantic Avenue Park. As part of Erick’s Individualized Education Plan (“IEP”),

LAUSD provided an individual aide to supervise him throughout the school day.

Erick’s parents sued LAUSD, the…