J.B. ex rel. Billiet v. Tuolumne County Superintendent of Schools
Published: Aug. 27, 2021 | Result Date: Jul. 30, 2021 |Case number: 1:19-cv-00858-EPG Settlement – $575,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Jay T. Jambeck
(Leigh Law Group PC)
Mandy G. Leigh
(Leigh Law Group PC)
Damien B. Troutman
(Leigh Law Group PC)
Defendant
Marcella Gutierrez
(Lozano Smith)
Sloan R. Simmons
(Lozano Smith)
Facts
Plaintiff, J.B., is a fourteen-year old male with significant impairment disabilities. J.B. attended a program operated by Defendant Tuolumne County Superintendent of Schools. A California Office of Administrative Hearings due process proceeding under the Individuals with Disabilities Education Act (IDEA) concerning the educational placement and services Tuolumne provided to J.B. was pursued by J.B., by and through his guardians ad litem, Adam and Corrie Billiet. On appeal, the order upheld the Office of Administrative Hearing decision in part and reversing in part to provide additional remedies resulting from Tuolumne's denials of a Free and Appropriate Education under the IDEA. Thereafter, the parties engaged in formal mediations which did not result in a settlement. But settlement discussions continued and the parties did reach a settlement on a related 504/ADA matter. Through that settlement, $151,304.00 was allocated to J.B. into a special needs trust. After that settlement, the parties through the IDEA's Individualized Education Plan (IEP) process agreed to place J.B. at Judge Rotenberg Educational Center in Canton, Massachusetts, an intensive and comprehensive program designed to address J.B.'s unique needs. He is currently there where his needs are substantially met.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that Tuolumne County denied J.B. of a Free and Appropriate Education under the IDEA.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
A settlement was reached with a total amount of $575,000, including attorney's fees in the amount of $535,000. Moreover, $80,290 will be reimbursed to J.B.'s parents for previous attorney's fees, and $40,000 will be placed in a special needs trust.
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