Hoffman

Hoffman v. Contra Costa College

Good Law
21 F. App'x 748
United States Court of Appeals for the Ninth CircuitNovember 9, 2001No. 00-15655; D.C. No. CV-98-003248-VRWCalifornia664 words

Opinion

Lead Opinion

MEMORANDUM **

Elizabeth Hoffman (“Hoffman”) appeals from the grant of summary judgment in favor of Contra Costa College (“CCC”), on her claims under the American with Disabilities Act (“ADA”), 42 U.S.C. § 12131 , the Rehabilitation Act of 1973, 29 U.S.C. § 794 , and the California Unruh Civil Rights Act, Civil Code § 51 et seq. 1 We review the district court’s grant of summary judgment de novo, noting that an educational institution’s academic decisions are entitled to deference. Wong v. Regents of University of California, 192 F.3d 807, 817 (9th Cir.1999). We have jurisdiction pursuant to 28 U.S.C. § 1291 .

Hoffman, who suffers from multiple sclerosis, first argues that the district court erred because the instructor of her mathematics course, rather than the designated Disabled Students Program & Services Office (“DSPS”), was allowed to determine what accommodations were appropriate, preventing her from using her own personal notes during examinations. As the district court noted, however, and as Hoffman concedes, the DSPS did determine her reasonable accommodations. In response to her notice to the DSPS, it granted her request for reasonable accommodations, providing…

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