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B. Retaliation Claims underneath the ADA and you may Rehabilitation Operate
For the s kept this new voicemail, a conference happened to discuss J.C.is the reason and B.C.'s the reason concerns about A.C.is why proper care if you're at school. (D.Age. 30-4, on 55.) Expose on conference were B.C.; J.C.; Angela Hargrave ("Hargrave"), SCBE's Section 504 coordinator; Williams; McClellan; Good.C.'s the reason kindergarten teacher; and Kathleen Johnston and you will Nursing assistant Duddy regarding the SCHD. (D.Elizabeth. 30-cuatro, in the 55.) At conference, Williams apologized double to the voicemail. (D.Elizabeth. 30-4, at the 55-57.) New fulfilling are invested sharing A.C.is why peanut allergic reaction and other apartments one fundamentally made-up brand new C.'s OCR complaint, like the issue of if or not a full-date nurse might possibly be for the staff to assist Good.C. (D.Elizabeth. 30-4, in the 55-57.) not, the brand new C.is the reason OCR ailment, by itself, is actually never ever especially chatted about otherwise said at that conference. (D.Elizabeth. 30-4, from the 55-57.) J.C. and B.C. along with once more expressed it wished Bon Lin to get good peanut-free school and you may any son that lead peanut points to the university becoming controlled. (D.E. step three0-step three, during the 23; D.E. 30-5, from the 21.) During this meeting, it was and additionally settled that an enthusiastic IHP would be accomplished because of the . (D.Elizabeth. 30-5, from the twenty-six.) The fresh SCHD nurses sooner or later demonstrated J.C. that have an IHP, but J.C. did not including the package and you can penned her own. (D.Elizabeth. 35-9, at the dos-step three.)
4. SCBE's Failure so you're able to Ban The Peanut Products in School
On the , McClellan delivered a message so you can Brownish-Woods and you will Hargrave notifying her or him which he had received another parent-created IHP. (D.E. 30-4, within 8.) There had been problems, adjustments, and alter into package one McClellan desired to discuss with your family. (D.Elizabeth. 30-cuatro, during the 8.) Among the many parents' desires are to have A good.C.