School District Negligent For Not Following IEP

Smith v. Reynolds School District, Multnomah County Case No. 14CV05314
Plaintiff Smith was a student in the fifth grade at Margaret Scott Elementary School.  He has Muscular Dystrophy. Defendant school district signed an Individualized Education Plan (IEP) which directed that Smith have close standby supervision while walking. The reason for the IEP was the understanding that in Smith’s condition, a fall could cause a leg fracture which might prevent him from ever walking again. Approximately one month after the IEP was implemented, Smith fell while walking to his desk and fractured his femur. Smith has not walked . . .

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September 16, 2015

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