Paul G. v. Monterey Peninsula Unified School District
Opinion
Lead Opinion
Freeman, J.
ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND IN PART AND WITHOUT LEAVE TO AMEND IN PART
Severely impacted by Ms autism, Plaintiff Paul G. (“Paul”) requires placement in a residential treatment facility that specializes in educating autistic students aged 18 to 22, which was not available in his home state of California. First Am. Compl. (“FAC”) ¶¶ 15, 28, ECF 25. As a result, Plaintiff Paul G. brings this suit against the Monterey Peninsula Unified School District and California Department of Education, alleging various claims for relief. Paul asks this Court to compel the California Department of Education (“CDE”) to ensure that residential treatment facilities for qualifying special education students age 18 to 22 are available in California, and where a local school district cannot provide such residential placement, that CDE step in to do so. FAC ¶¶ 98, 99. Paul also seeks monetary relief. Id. ¶¶ 95-97. Before the Court is CDE’s motion to dismiss Paul’s FAC. Mot., ECF 28. After reviewing the papers filed in conjunction with the motion and holding oral argument on April 13, 2017, the Court GRANTS CDE’s motion to dismiss for reasons stated below.