J.T., a minor, by and through his grandparent and guardian ad litem, Janice Wolfe v. Tehachapi Unified School District
Published: Apr. 12, 2019 | Result Date: Feb. 27, 2019 |Case number: 1:16-cv-01492-DAD-JLT Settlement – $196,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Andrea M. Marcus
(Law Office of Andrea M. Marcus)
Defendant
Anthony N. DeMaria
(DeMaria Law Firm APC)
Todd W. Baxter
(McCormick Barstow LLP)
Facts
J.T., an 8-year-old boy with autism, by and through his guardian ad litem sought review of the administrative law judge's decision denying his claim under the Individuals with Disabilities Education Act. He also brought additional claims under the American with Disabilities Act against Tehachapi Unified School District in relation to his treatment in school.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that after he came home from school with bruises, defendant recommended he attend the Aurora Learning Center in Bakersfield. However, he claimed the program lacked behavioral or psychiatric support sufficient to meet his needs.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Result
A petition for approval of minor's compromise was granted. The settlement provides residential treatment center placement and supervision by a Board Certified Behavior Analyst valued at $100,000 per school year and $36,000 value in supervision per school year. in addition, $50,000 in blocked trust fund for J.T.'s future living and educational expenses and $10,000 to J.T.'s grandparents for time and expense of transporting him to Bakersfield.
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