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Education Law
Individuals with Disabilities Education Act

J.L.N., By and Through His Guardian Ad Litem Jose Nunez v. Grossmont Union High School District

Published: Dec. 27, 2019 | Result Date: Sep. 30, 2019 |

Case number: 17-cv-2097-L-MDD Summary Judgment –  Defense

Judge

M. James Lorenz

Court

USDC Southern District of California


Attorneys

Plaintiff

Ashok J. Pathi
(Law Office of Schwartz & Storey)

Matthew H. Storey
(Law Office of Schwartz & Storey)


Defendant

Sarah L. Sutherland
(Orbach, Huff & Henderson LLP)

Sue Ann S. Evans
(Dannis Woliver Kelley)

Meagan M. Kinsey
(Dannis Woliver Kelley)


Facts

Plaintiff, a native spanish speaker, was a high school student with a learning disability and speech impairment. The district in which plaintiff lived in created individualized special education programs, which plaintiff attended. Plaintiff filed a lawsuit against defendant regarding plaintiff's treatment in the IEP programs. The administrative law judge denied plaintiff's claims. Plaintiff appealed and moved for summary judgment. Defendant cross-motioned for summary judgment.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that several of the IEPs failed to comply with the Individuals with Disabilities Education Act.

DEFENDANT'S CONTENTIONS: Defendant denied the allegations and contended that even though some of the IEPs were deficient, none of them violated plaintiff's IDEA rights.

Result

The court denied plaintiff's motion for summary judgment and granted defendant's motion for summary judgment on the grounds that defendant did not violate the IDEA.


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