AG v. Paradise Valley Unified School District No. 69

AG (plaintiff) was a disabled student in the Paradise Valley Unified School District No. 69 (district) (defendant). The district worked with AG’s parents to create an individualized education program (IEP) for AG. Due to AG’s disruptive behavior, the IEP team recommended placement at the Roadrunner School (Roadrunner), a school for children with emotional disturbances. AG’s parents agreed and were told that AG would not be restrained at Roadrunner unless she became a danger to herself or others. AG exhibited more behavior issues at Roadrunner and was restrained multiple times by police officers before being put in an intervention room alone. AG was also arrested and sent to a police precinct. AG filed a due-process complaint for violations of the Individuals with Disabilities Education Act (IDEA). AG also filed a lawsuit in state court, which was removed to federal district court. AG claimed that the district denied her a free appropriate public education (FAPE) under the IDEA, Title II of the Americans with Disabilities Act (ADA), and § 504 of the Rehabilitation Act. AG also raised state-law claims. AG argued that the district failed to provide adequate accommodations, such as full-time aides and behavioral-intervention plans. The parties settled the IDEA claims. The district court granted summary judgment to the district but did not order AG to pay court costs. The court found that because AG’s parents consented to the Roadrunner placement and failed to request reasonable accommodations, AG waived her claims. Both parties appealed to the Ninth Circuit, which affirmed dismissal of the state-law claims and then addressed the federal claims.