T.B. V. San Diego Unified Sch. Dist.

Plaintiffs 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. View "T.B. V. San Diego Unified Sch. Dist." on Justia Law