Phipps

Phipps v. Saddleback Valley Unified School District

Good Law
1988 Cal. App. LEXIS 917·204 Cal. App. 3d 1110·251 Cal. Rptr. 720
Court of Appeal of CaliforniaSeptember 30, 1988No. G005284California388 words

Opinion

Lead Opinion

Sonenshine, J.

Saddleback Valley Unified School District challenges the trial court’s issuance of a permanent injunction and award of attorney fees to Deborha Phipps in a matter involving her nephew Channon Phipps’s exclusion from school after testing positive for the Acquired Immune Deficiency Syndrome (AIDS) virus. We affirm.

I.

A test performed in August 1985 revealed 11-year-old Channon Phipps, a hemophiliac, had been exposed to the AIDS virus. After advising school *1114 officials of the test results, Deborha Phipps, Channon’s aunt and, since 1976, his legal guardian, communicated with Dr. Joseph Platow, assistant superintendent for the school district. Platow informed her the district was in the process of “formulating a policy” on the subject and instructed her not to enroll Channon in school. It was agreed Channon would, in the meantime, study at home.

In late September the school district provided Channon with a home computer and some software. The district had trouble finding a suitable tutor, however. And when the home tutorial program finally got under way in October, it was limited to three to four hours a week. This, in Phipps’s opinion, was inadequate; she wanted…

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