J.E.L. ex rel. Leon v. San Francisco Unified School District

ORDER RE MOTION TO DISMISS

Re: Dkt. No.

J.E.L. is a disabled minor who alleges that the San Francisco Unified School District and its employees failed to protect him from harassment and bullying at the James Lick Middle School. Dkt. No. 1-1. Through his mother and guardian, J.E.L. sued defendants in the Superior Court for the County of San Francisco for negligence and violations of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the California Education, Civil, and Government Codes. Defendants removed the case to this Court on federal question jurisdiction and seek to dismiss the complaint for failure to state a claim and other reasons, Dkt. Nos, 1, 5. The motion is denied for the most part, but the California Government Code Section 11135 claim is dismissed.

BACKGROUND

As alleged in the complaint, J.E.L. suffers from speech and cognitive impairments, epilepsy, microcephaly, developmental delays and short physical stature. Dkt. 1-1, Exh. A. When he began middle school at James Lick, school personnel knew that he “had previously been bullied at Sanchez Elementary on account of his disabilities” and that he could not defend against…