EX17 - 2026-04-23 - Ella 504 Plan and Eligibility Determination

Exhibit #17 — Ella 504 Plan and Eligibility Determination (PUSD)

Description

Fully-executed Section 504 package from Poway Unified School District for Ellanore Nibley (grade 7, Black Mountain Middle School), comprising PUSD Form F (Section 504 Eligibility Determination Form) and PUSD Form G (Section 504 Plan). Eligibility determination date: 04/14/2026. Plan development meeting: 04/15/2026. All signatures completed by 04/23/2026.

Identified mental impairments: Major Depressive Disorder and Anxiety. The team determined that each impairment substantially limits the major life activity of learning (concentration, focus, memory, and relationships with peers and adults; for depression, also feelings about herself). Narrative finding on Form G: “Ella has experienced significant times of anxiety and depression. At severe times this has led to feelings of self-harm. She can get anxious about social interactions with peers and adults. She prefers routines. She is a very conscientious student and worries about her academics.”

Sources of evaluation information indicated on Form F: teacher recommendations/observations, review of existing data, and medical report/releases of information. Listed mitigating measures: medication and therapy. Expected results of medication: “Building coping skills, confidence, improved feelings about herself, and relationships with others.”

Accommodations approved on Form G:

• Preferential seating for teacher check-ins (daily)
• Short (5-min) regulatory breaks outside the classroom; access to counseling/health office when overwhelmed (daily as needed)
• Flexible due dates on assignments and projects, up to 50% additional time; teacher discretion to excuse work during medical/emotional absences (as needed)
• Class scheduling with at least one known peer when possible (start of year)
• Doodling permitted as a coping strategy, provided material comprehension is maintained (daily)
• Front-loading of major routine changes (as needed)
• Plan included in substitute teacher notes (yearly)

No testing accommodations requested. No Behavior Support Plan required.

Signatories and roles:

• Jennifer Nibley (Mother) — 04/17/2026 — signed “Agrees with Above Eligibility Determination” on Form F and “Parent/Guardian consent to implementation” on Form G
• Charley Nibley (Father) — 04/23/2026 — signed “Agrees with Above Eligibility Determination” on Form F and “Parent/Guardian consent to implementation” on Form G
• Jason Schafer (Counselor) — 04/17/2026; copy of form and Section 504 Rights and Complaint Procedures delivered to Parent/Guardian via email on 04/15/2026
• Stephanie Sgambelluri (AVID Teacher) — 04/17/2026
• Rose Dotran (Science Teacher) — 04/17/2026
• Caroline Crandall (PE Teacher) — 04/17/2026
• Dave Johansen (PE Teacher) — 04/17/2026
• Danielle Brown (Humanities Teacher) — 04/17/2026
• Leandro Galaz (Assistant Principal) — 04/21/2026

Annual review scheduled 04/14/2027. Next 3-year eligibility review: 04/14/2029.

Strategic Relevance

Institutional, multi-disciplinary corroboration of Ella’s mental-health status. A district 504 team comprising a school counselor, six teachers, and an assistant principal has formally determined that Ella has impairments (Major Depressive Disorder and Anxiety) that substantially limit a major life activity, and has documented on a permanent district record that her impairments have included feelings of self-harm. This is non-clinical, third-party institutional documentation reached through the district’s own evaluation process. It reinforces — independent of any parental characterization — the record of Ella’s crisis reflected in Aurora Behavioral Health records, the Mending Matters treatment summary, and Dr. Stevens’ care. Eligibility was determined 04/14/2026, four days after the CFWB report was filed (04/10/2026); the institutional finding thus corroborates the same concerns the CFWB investigation is evaluating, under Structured Decision Making.

Contemporaneous exercise of joint legal custody under ¶¶19–20 of the Stipulated Judgment (6/17–24/2022). Charley was invited to, and attended, the initial 04/15/2026 504 meeting at Black Mountain Middle School. Both parents reviewed the proposed accommodations, checked “Agrees with Above Eligibility Determination” on Form F, and signed consent to implementation on Form G. This is a clean, dated record of the joint legal custody process functioning on a major educational decision — a useful counterpoint to other exhibits documenting Charley’s exclusion from medical or therapeutic decisions (see e.g. EX03 - 2026-04-12 - Jennifer excludes Charley from Rose call, EX04 - 2026-04-12 - Rose stonewalls Charley, EX16 - 2026-04-13 - Mending Matters Treatment Summary). It rebuts any narrative of paternal disengagement from Ella’s educational or mental-health needs and establishes that both parents are participating in Ella’s district-level support plan.

Deployment value.

• Minor’s counsel packet: appropriate for inclusion as neutral third-party evidence of (a) Ella’s diagnosed conditions, (b) the severity of her presentation as recognized by school staff, and (c) active coordinated educational support. Consistent with the posture of proactive, professional engagement with minor’s counsel.
• FCS mediation (5/1/2026): supports the position that the existing 50/50 order continues to allow Ella access to educational accommodations with both parents engaged; Jennifer bears the burden of justifying modification.
• 6/1 RFO (custody + support): supports enforcement of the current order by documenting that school-based supports are in place and that both parents are fulfilling educational decision-making obligations under Stipulated Judgment ¶¶19-20 - Medical, Therapeutic, School Decisions - Joint Custody.

Redaction protocol. Per standing practice for declarations referencing minors’ mental health: any publicly-filed version must redact student permanent ID (1943811), date of birth (07/31/2013), and the specific self-harm sentence on Form G. Unredacted version is appropriate for the court (lodged), opposing party, minor’s counsel, and CFWB caseworker Alexis Garcia Cortes. The form’s “Distribution” footer confirms the plan is already in the student file and scanned to Synergy Documents Tab.

Cross-references

• Related exhibits: Mending Matters treatment summary (Reserve — redacted version to be prepared for any public filing); Aurora Behavioral Health records (records request pending; can be expedited on disclosure of court dates)
• Source file: Attachments/504_Plan_2026-04-23_School_504_Plan_Ellanore_Nibley.pdf