A.G. V. Paradise Valley Unified Sch. Dist., No. 13-16239 (9th Cir. 2016)
Annotate this CaseA.G. and her parents filed suit against defendants, alleging claims of discrimination under section 504 of the Rehabilitation Act, 29 U.S.C. 794, and Title II of the Americans with Disabilities Act, 42 U.S.C. 12131–12134, as well as tort claims under Arizona state law. The district court granted summary judgment on these claims for defendants. Defendants cross-appealed, challenging the district court’s order vacating taxation of costs. The parties settled on other claims, including claims under the Individuals with Disabilities in Education Act, 20 U.S.C. 1400–1491. First, the court clarified federal legislation addressing special education for disabled children. The court concluded that the district court improperly dismissed A.G.’s meaningful access and reasonable accommodation arguments. The court concluded that a triable factual dispute exists as to whether the services plaintiffs fault the school district for failing to provide were actually reasonable, necessary, and available accommodations for A.G. Therefore, the court reversed the district court's order granting summary judgment in favor of the school district on plaintiffs’ section 504 and Title II claims and remanded for further consideration. In regard to the state law claims, the court concluded that plaintiff's intentional infliction of emotional distress (IIED) claim was correctly dismissed because there is no material issue of fact concerning the school district's conduct. Plaintiffs' negligent infliction of emotional distress (NIED) claim was also correctly dismissed where the district court found the facts alleged by plaintiffs did not rise to the predicate level typically required for such a claim in Arizona. The court reversed the district court’s summary judgment on claims for assault and battery where plaintiffs introduced evidence that creates an issue of fact as to whether the school district defendants physically escorted and restrained A.G. when she was not a danger to herself or others and despite knowing of her tactile sensitivity. Finally, the court reversed the district court's summary judgment on the false imprisonment claim where plaintiffs introduced evidence sufficient to create a genuine issue of material fact as to whether A.G. was a danger to herself or others when school district staff restrained her. The order denying costs to defendants is vacated.
Court Description: Disability Discrimination. The panel reversed the district court’s summary judgment in favor of defendants on claims of discrimination under section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act, reversed in part the district court’s summary judgment on tort claims under Arizona state law, and vacated a costs order in an action brought by a student and her parents against a school district and related employees and principals. Clarifying the standards for disability discrimination claims by disabled children based on access to educational services, the panel stated that the Individuals with Disabilities Education Act (“IDEA”) focuses on making a free appropriate public education (“FAPE”) available to disabled students through development of Individualized Education Programs (“IEPs”). The IDEA creates a cause of action for children and parents to pursue injunctive or other prospective relief through a civil action following an administrative due process hearing in order to compel compliance with the Act and proper implementation or modification of the child’s IEP. Section 504 of the Rehabilitation Act is broader than the IDEA; it is concerned with discrimination in the provision of state services to all individuals with disabilities. The regulations adopted pursuant to section 504 require qualifying public schools to “provide a free appropriate public education to each qualified handicapped person.” FAPE is defined 4 A.G. V. PARADISE VALLEY UNIFIED SCH. DIST. differently for purposes of section 504 than it is for the IDEA, and section 504’s regulations gauge the adequacy of services provided to disabled individuals by comparing them to the level of services provided to individuals who are not disabled. Title II of the Americans with Disabilities Act (“ADA”) was modeled after section 504 and sets forth similar requirements for establishing a valid claim. A plaintiff bringing suit under section 504 or Title II of the ADA must show: (1) she is a qualified individual with a disability; (2) she was denied “a reasonable accommodation that [she] needs in order to enjoy meaningful access to the benefits of public services;” and (3) the program providing the benefit receives federal financial assistance. To prevail on a claim for damages, the plaintiff must also prove a mens rea of intentional discrimination. The panel reversed the district court’s summary judgment on a claim that defendants denied the student meaningful access to educational benefits by violating 34 C.F.R. §§ 104.33(b)(1) and 104.34(a). The panel held that the parents’ consent to the student’s placement did not waive this claim. The panel reversed the district court’s summary judgment on plaintiffs’ reasonable accommodation claim under section 504 and Title II. The panel concluded that a triable factual dispute existed as to whether the services plaintiffs faulted the school district for failing to provide were actually reasonable, necessary, and available accommodations for the student. The district court also erred in dismissing plaintiffs’ damages claim for failure to show that the school district was on notice of the need for accommodation. A.G. V. PARADISE VALLEY UNIFIED SCH. DIST. 5 The panel affirmed the district court’s summary judgment on claims under Arizona state law for intentional and negligent infliction of emotional distress. The panel reversed the district court’s summary judgment on claims for assault, battery, and false imprisonment. The panel vacated the district court’s order denying costs to defendants, and it remanded the case to the district court for further proceedings.
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