Green

*679 MEMORANDUM **

1. Even if we were to revisit Belanger v. Madera Unified School District, 963 F.2d 248, 251 (9th Cir.1992), plaintiff has not established that defendants acted with deliberate indifference. See Duvall v. County of Kitsap, 260 F.3d 1124, 1138-39 (9th Cir.2001) (intentional discrimination— i.e., at least deliberate indifference — is required to recover damages under Title II of the Americans with Disabilities Act); Harris v. Capital Growth Investors XIV, 52 Cal.3d 1142 , 278 Cal.Rptr. 614 , 805 P.2d 873, 893 (1991) (same for the California Unruh Civil Rights Act). Deliberate indifference requires both knowledge that a protected right is substantially likely to be infringed upon, and a failure to act upon that knowledge. Duvall, 260 F.3d at 1139 . Here, defendants knew plaintiff had been teased by classmates, and were aware of several unrelated acts of violence on campus. This information did not create a substantial likelihood that plaintiff would be attacked. Nor did plaintiff establish that defendants unreasonably or inadequately responded to plaintiffs reports, or that defendants’ actions reflected discrimination against plaintiff based on disability or race —…