Everett H. ex rel. Havey v. Dry Creek Joint Elementary School District

MEMORANDUM AND ORDER

Through the present action, Plaintiffs Heath and Rebecca Havey, both individually and on behalf of their son Everett H. (hereinafter “Plaintiffs” unless otherwise indicated) allege educational harms based on purported violations of Everett’s right as a disabled student to a free and appropriate public education (“FAPE”) pursuant to the provisions of the Individuals with Disabilities Education Improvement Act, 20 U.S.C. § 1400 et seq. (“IDEA”) and various state statutes. Plaintiffs also assert associated violations of Title II of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”) and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (“§ 504”). Finally, Plaintiffs assert claims under the auspices of 42 U.S.C. § 1983 (“§ 1983”), which include both failure to accommodate claims and claims for civil rights discrimination and retaliation. By way of damages, Plaintiffs seek compensatory education and reimbursement, compensatory and punitive damages and attorneys’ fees.

The Dry Creek Joint Elementary School District, Everett’s local school district, is named as a Defendant by Plaintiffs, along with Dry Creek’s Board of Trustees and four…