N.R.

N.R. v. Del Mar Unified School District

Good Law
United States District Court, Southern District of CaliforniaSeptember 2, 20223:21-cv-01759California6,063 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

10 N.R. and D.R. by and through his parent, Case No.: 21-cv-01759-AJB-WVG

N.R.,

12 Plaintiffs, ORDER GRANTING IN PART AND v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS

DEL MAR UNIFIED SCHOOL

DISTRICT, (Doc. No. 9) Defendant. 16 Before the Court is Defendant Del Mar Unified School District’s (“Defendant” or “District”) motion to dismiss Plaintiffs N.R. and D.R.’s (collectively, “Plaintiffs”) First Amended Complaint (“FAC”). (Doc. No. 9.) Plaintiffs filed a response, to which Defendant replied. (Doc. Nos. 11, 12.) For the reasons set forth, the Court GRANTS IN PART and DENIES IN PART Defendant’s motion to dismiss. I. BACKGROUND Plaintiff D.R. (“D.R.”) is a twelve-year-old special education student of the District. (Doc. No. 6, FAC ¶ 6.) D.R. is a disabled student whose disabilities are related to attention and sensory processing, including ADHD, Sensory Processing Disorder, and Dyslexia. (Id.) As a special education student with a disability, Plaintiff is eligible…

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