K.W. v. School Board of Orange County

I respectfully dissent. This is a very close case, but one I do not think should be disposed of on the basis of the pleadings; ie., dismissal of a complaint for failure to state a cause of action against the Orange County School Board. K.W.’s and her mother’s allegations in the complaint must be read in a light most favorable to them, if there is any doubt, ambiguity or generality.1

Reading the complaint in this manner, it alleges KW.’s mother asked school employees for help regarding her fourteen-year-old daughter’s alcohol and substance abuse problems. A school counselor referred them to an…