Macar

MEMORANDUM **

Maria Macar and her husband Ward Sattler appeal pro se the district court’s judgment, after jury trial, in favor of the Kuspuk School District (“KSD”) and other defendants, in their action alleging violation of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and various Alaska state laws, arising from the dissemination of false reports that Macar was HIV positive. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review summary judgment de novo, and we may affirm for any reason supported by the record. Wallis v. J.R. Simplot Co., 26 F.3d 885, 888 (9th Cir.1994). We review for abuse of discretion the denial of a motion for a new trial. Janes v. Wal-Mart Stores Inc., 279 F.3d 883, 886 (9th Cir.2002). We affirm in part and dismiss in part.

The district court erred in finding that the KSD was entitled to sovereign immunity as an “arm of the state.” See Holz v. Nenana City Pub. School Dist., 347 F.3d 1176, 1182-89 (9th Cir.2003). Summary judgment was nonetheless proper on Ma-ear’s Rehabilitation Act claim because she *639 failed to establish a prima facie case that KSD discriminated against her on the basis of a perceived…