T.B. V. San Diego Unified Sch. Dist., No. 12-56060 (9th Cir. 2015)
Annotate this CasePlaintiffs filed suit claiming that the school district had violated T.B.’s civil rights under the Americans with Disabilities Act (ADA), 42 U.S.C. 12131, and Section 504 of the Rehabilitation Act, 29 U.S.C. 794. The district court granted summary judgment in favor of the school district. The court affirmed the grant of summary judgment regarding plaintiffs' allegations that the school district violated the ADA and Section 504 by failing to offer and implement a gastronomy tube (g-tube) feeding regime that would enable T.B. to attend school safely; California law establishes federally enforceable rights governing g-tube feeding in schools; the court held that where the State has defined an accommodation by law, that accommodation is enforceable in court; but, plaintiffs failed to prove that the district court was deliberately indifferent to the need to meet state standards for feeding T.B. at school. The court reversed the grant of summary judgment on the claim regarding the 2007-2008 Individualized Education Plan (IEP), because there is a genuine dispute of material fact as to whether the district violated T.B.’s civil rights by failing to accommodate his need for g-tube feedings. The court affirmed the judgment of the district court that a reasonable jury would not be able to find that the district retaliated against plaintiffs. The court vacated the district court's award of attorneys' fees and costs and remanded.
Court Description: Individuals with Disabilities Education Act / Americans. with Disabilities Act / Rehabilitation Act The panel affirmed in part and reversed in part the district court’s summary judgment on claims under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act and vacated the district court’s determination of attorneys’ fees and costs under the Individuals with Disabilities Education Act in an action brought against a school district by a disabled student and his parents. The district court upheld an administrative law judge’s ruling that the school district denied the student a free appropriate public education in the least restrictive environment, as he was guaranteed under the IDEA, by failing to provide him with a legally adequate way to receive gastrostomy-tube feedings. T.B. V. SAN DIEGO UNIFIED SCH. DIST. 3 The plaintiffs argued that the school district was automatically deliberately indifferent to the student’s rights, and therefore also liable for damages under Section 504 and the ADA, by failing to abide by California law on g-tube feedings. The panel agreed that California law established federally enforceable rights governing g-tube feeding in schools, but it held that the plaintiffs also must show intentional discrimination. The panel affirmed the district court’s summary judgment in favor of the school district on Count IV, which concerned a 2006-07 individualized education program. The panel reversed on Count V, which concerned a 2007-08 IEP, and remanded for further proceedings, because there was a genuine dispute of material fact as to whether the school district was deliberately indifferent to the student’s right to be assisted by a person qualified under California law. The panel affirmed the district court’s summary judgment in favor of the school district on a claim that the district retaliated against the student and his mother, in violation of the ADA, for her “aggressive advocacy” on his behalf. Following other circuits, the panel applied the but-for causation test of Univ. of Tex. Sw. Med. Ctr.v. Nassar, 133 S. Ct. 2517 (2013), and concluded that the plaintiffs failed to make out a prima facie case of retaliation. Vacating the district court’s award of substantially less than the amount of attorneys’ fees requested by the plaintiffs under the IDEA, the panel concluded that the student’s parents were substantially justified in rejecting a settlement offer because the relief obtained through the ALJ’s decision was more favorable to the parents than the offer of settlement. In addition, the district court abused its discretion in concluding that the fee claim was unreasonable. For these 4 T.B. V. SAN DIEGO UNIFIED SCH. DIST. and other reasons, the panel vacated the district court’s determination of fees and costs and remanded for reconsideration.
The court issued a subsequent related opinion or order on November 19, 2015.
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