Lee v. Natomas Unified School District

MEMORANDUM AND ORDER

Through the present action, Plaintiff Brason Lee (“Plaintiff’) claims he was retaliated against by the Natomas Unified School District (“Defendants” or “NUSD”) for advocating on his daughter’s behalf with respect to the provision of special educational services. According to Plain- ' tiff, Defendants’ conduct in this regard ran afoul of both Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 , (hereinafter “Section 504”) and Title II of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”). Currently before the Court is Defendants’ Motion for Summary Judgment, or alternatively for summary adjudication as to certain claims. (ECF No. 14). For the reasons set forth below, Defendants’ Motion is DENIED.

BACKGROUND

Plaintiff is the parent of a student (“Student”) who previously attended Two Rivers Elementary in the Natomas Unified School District (“NUSD”). Beginning in 2007, when she had not yet turned three years of age, Student began receiving speech and language services from NUSD. Student was eligible for such services under the Speech and Language category of the Individuals with Disabilities in Education Improvement Act…