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Neutral Court Opinion Mar 01, 2026

New Augusta North Public Academy, et al. v. K G, et al.

── New Augusta North Public Academy, et al. v. K G, et al. ── Case No.: 23A-CT-00871 Court: Indiana Court of Appeals Date: September 27, 2023 Author: Judge Elizabeth Tavitas County of Origin: Marion Category: Civil Decision: Affirmed, Reversed and Remanded Judge Bailey and Judge Kenworthy concur K.G. was born in 2004. She was born with cerebral palsy, microcephaly, congenital quadriplegia, optic nerve hypoplasia, and epilepsy. K.G. is nonverbal and is limited in her communication, vision, physical movement, and comprehension. K.G. was a student at the School from October 2015 to January 2016. Morgan Smith was employed by the School as an instructional assistant. Smith’s duties included caring for K.G.’s “diaper changes and other needs related to her physical hygiene and overall wellbeing.” Appellants’ App. Vol. II p.
Indiana Judicial Branch
https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=fMoJqzQJTxdGAFNO…
Elizabeth Tavitas Indiana Court of Appeals Judge
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