A.H.

BACKGROUND

19 A. Factual Background 20 The Second Amended Complaint makes the following allegations, which the Court accepts 21 as true for purposes of the motion to dismiss. See Usher v. City of Los Angeles, 828 F.2d 556, 561 22 (9th Cir. 1987). A.H., who was a minor when the complaint was filed, alleges that she was 23 sexually abused by her teacher, Defendant Jane Shetterly, while she was a student at De Anza 24 High School within the District. ECF No. 40, Second Amended Complaint (“SAC”) ¶¶ 50, 98. At 25 the time of the incidents giving rise to this action, A.H. qualified for an Individualized Education 26 Program (“IEP”) on the basis of her disabilities, which included anxiety, depression, and ADHD. 27 Id. ¶¶ 2, 31. Shetterly allegedly took A.H. on several overnight trips, engaged in sexual acts with her, and exchanged pornographic images with her including content depicting the two engaged in sexual acts and conduct. Id. ¶¶ 48-49. In October or November 2020, Sigler, who was De Anza High School’s Principal, allegedly witnessed Shetterly and A.H. arrive at school together and approached A.H. to “check in.” Id. ¶ 59. During the ensuing…