University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name E.E. v. California ED-CA-0040
Docket / Court 3:21-cv-07585-SI ( N.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Education
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On September 28, 2021, plaintiffs filed a class action lawsuit against the state of California, the California Board of Education, and the California Department of Education. Plaintiffs were students with disabilities and an organization that advocates for disabled students and their families, and ... read more >
On September 28, 2021, plaintiffs filed a class action lawsuit against the state of California, the California Board of Education, and the California Department of Education. Plaintiffs were students with disabilities and an organization that advocates for disabled students and their families, and they were represented by Disability Rights California. They sought to represent a class of "all California students who, now or in the future, have an Individual Education Plan and whose parent, guardian or education rights holder has determined that in-person instruction would put the student at risk." The plaintiffs challenged a state law passed in July 2021 that provided that Independent Study was the primary avenue for distance learning during the 2021-2022 school year, and imposed extra hurdles for students with disabilities to learn via Independent Study. According to plaintiffs, the new state law violated the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

Plaintiffs sought statutory and compensatory damages as well as declaratory relief and class certification. They also sought injunctive relief requiring defendants to comply with the ADA and the Rehabilitation Act.

Judge Susan Ilston granted the plaintiff's a temporary restraining order on November 4, 2021, preventing California school districts from deviating from the status quo in effect on June 30, 2021, prior to the enactment of AB 130.

The case remains ongoing.

Jordan Katz - 11/14/2021


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Disability
disability, unspecified
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Education
Government Services (specify)
Reasonable Accommodations
Reasonable Modifications
School/University policies
Special education
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) State of California
Plaintiff Description All California students who, now or in the future, have an Individual Education Plan and whose parent, guardian or education rights holder has determined that in-person instruction would put the student at risk
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status outcome Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Order Duration 2021 - n/a
Filed 09/28/2021
Case Ongoing Yes
Court Docket(s)
N.D. Cal.
11/12/2021
3:21-cv-07585-SI
ED-CA-0040-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
N.D. Cal.
09/28/2021
Class Action Complaint for Injunctive and Declaratory Relief of: Americans with Disabilities Act, 42 U.S.C. § 12131 et seq. & Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. [ECF# 1]
ED-CA-0040-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
11/04/2021
Order Granting Plaintiffs' Motion for a Temporary Restraining Order [ECF# 39] (2021 WL 5139660)
ED-CA-0040-0002.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
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Judges Illston, Susan Yvonne (N.D. Cal.) show/hide docs
ED-CA-0040-0002 | ED-CA-0040-9000
Plaintiff's Lawyers Bird, Melinda R. (California) show/hide docs
ED-CA-0040-0001 | ED-CA-0040-9000
Borrelle, Robert John Jr (California) show/hide docs
ED-CA-0040-0001 | ED-CA-0040-9000
Center, Claudia B. (California) show/hide docs
ED-CA-0040-0001 | ED-CA-0040-9000
German, David W (California) show/hide docs
ED-CA-0040-0001 | ED-CA-0040-9000
Lystrup, Lauren Misako (California) show/hide docs
ED-CA-0040-0001 | ED-CA-0040-9000
Defendant's Lawyers Bunshoft, Jennifer A. (California) show/hide docs
ED-CA-0040-9000
Pinggera, Anthony C (California) show/hide docs
ED-CA-0040-9000
Quade, Kevin L (California) show/hide docs
ED-CA-0040-9000

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