M.P. Ex Rel. D.P. v. Governing Board of the Grossmont Union High School District

KEEP, Chief Judge.

BACKGROUND

The plaintiff, a seventeen year old Native American, is a senior at El Capitan High School in San Diego County. Prior to the incidents of February 1994, there was no suggestion by the plaintiffs parents, doctors or teachers that he was disabled in a manner that required special education. 1 The student had never failed a course and generally received above-average grades. He had, however, received sixteen referrals for discipline. These incidents included fighting, insubordination, and disruptive behavior.

On February 16, 1994, the plaintiff drove his family’s…