Facts

Madison Meares, through his mother, Kim Meares, sued Rim of the World Unified School district. The parties participated in a due process hearing where Kim alleged that the district denied her son a free and appropriate education when it failed to assign him a male-one-to-one-aide and a competent mountain biking aide. An administrative judge disagreed and the plaintiffs appealed. The district court limited its ruling to the plaintiff's Individuals with Disabilities Education Act claim. The court reversed the administrative law judge's decision with regard to the district's failure to provide Madison with a male aide. However, the court, in determining an issue of first impression, found that under the Individuals with Disabilities Education Act, disabled students had an equal right as nondisabled students to participate in appropriate extracurricular activities. The court applied the rule to find that Madison was entitled to a competent mountain biking aide. The plaintiffs moved for summary judgment on their remaining claims.

PLAINTIFFS' CONTENTIONS: Kim Meares contended that the school district denied Madison free and appropriate public education when it failed to assign him a male-one-to-one aide and a competent mountain biking aide. Overall, Kim alleged that the district violated the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and the California Unruh Civil Rights Act.

DEFENDANT’S CONTENTIONS: The defendants denied the plaintiff’s claims.

Damages

The plaintiffs sought compensatory education for Madison, injunctive relief, monetary damages, and attorney fees, among other things.

Result

The parties reached a settlement while plaintiffs' motion was pending. The parties settled for $1 million dollars. The settlement amount included $450,000 for the plaintiffs and $550,000 in attorney fees. Further, the school district agreed to provide a competent mountain biking aide. The district also agreed to form a district-wide advisory board composed of superintendents and parents to discuss important issues relating to special education students and students with a Rehabilitation Act Section 504 plan, and to create policies to encourage disabled students to take part in extra-curricular activities.