Facts

In December 2001, the 10-year-old plaintiff was diagnosed with an Autism Spectrum Disorder and deemed eligible for services pursuant to state and federal special education laws because he had a speech delay. Contemporaneously, the San Joaquin County Office of Education offered the plaintiff an Individual Education Plan (IEP).

After the plaintiff was expelled from his after school program, his parents filed a complaint against the Ripon Unified School District (RUSD) with OCR. They believed that he was expelled solely because of his disability. The OCR found in favor of RUSD.

The plaintiff's parents filed suit in federal court, claiming that RUSD, superintendent Leo Zuber, several RUSD School Board members, the San Joaquin County Office of Education, Stone Soup Child Care Programs, and the manager of the program, Punkin Legris, failed to provide reasonable accommodations to the plaintiff in RUSD's after school program. They alleged violations of 20 U.S.C. 1400, 42 U.S.C. 1983, the Rehabilitation Act, the Americans with Disabilities Act, and California's Unruh Act.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the defendants refused to provide accommodations in the after school program, acted in retaliation when they complained to the Office of Civil Rights, and implied that the Stone Soup Program would end due to their claims. Further, they alleged that the defendants attempted to intimidate them by having a lawyer accompany the defendants at meetings.

Result

The parties reached a settlement, which consisted of $300,000 in payment by the defendants. The approximate value of the non-cash settlement totaled $185,000, which included Genesis Behavior Services for 43.5 hours per week for 50 weeks until child finished the sixth grade, and two years of Stone Soup Program services.

Other Information

FILING DATE: Jan. 25, 2007