United States Eighth Circuit
M.Y. v. Special Sch. Dist. No. 1, 073457
In a claim brought by parents of a 15-year-old disabled girl for damages arising from a sexual assault allegedly perpetrated against their daughter by her bus driver, grant of summary judgment in favor of defendant school district is affirmed where: 1) defendant-district's decision not to provide M.Y. special education transportation to and from summer school did not have the effect of denying her a free and appropriate public education because this action was in accordance with the terms of M.Y.'s Implementation of an Individualized Education Program (IEP); 2) defendant lacked the requisite intent to be liable under section 504; and 3) the district court was correct in granting summary judgment against plaintiff-parents as to their section 1983 claims.
Appellate Information
- Decided 10/14/2008
- Published 10/14/2008
Judges
Court
- United States Eighth Circuit