the seems to me that the st thing i should address would be questions about where to find certain questions of material back or issues in the serial fact in the record in the st one would be where in the record  show that already was allowed to go outside on hold and rainy days and there's a lot of us a service financial testimony about that rather than buried in the let me just go straight to the direct testimony from r d herself she stated sometimes i would go say that the context is two thousand and seventeen but there's plenty more testimony about two thousand and seventy and in fact she gave even more elaborate testimony in state court in response to a summary judgment motion there on the washer largesse rumination claims she said sometimes i would go outside when i was cold and rainy just because i was miserable and went outside on a lot of days when it was cold and rainy and nobody told me i could not remember one day it was so rainy and windy that i saw some thousand and seventeen realize artie is going outside when she should not have and also testify that already had told her that she goes outside no matter where she goes outside whenever she can no matter what all of you know the detail is that these children go outside for reasons that people obviously is not a state inside and so you know the next question i think she should be asked is what is the what were the mechanics of herbs stateside who told her to stay inside when was the decision made because obviously r there could have been deliberate indifference but with all due respect to the district court it just could form over substance there's plenty of testimony in the record probably even more so than anything else that the principal was insincere about those things the principal would say those things and would never follow up about that already testified the principal would never fall about those kinds of things she testified she was asked whether or not she had opportunities to go exercising running jumping playing and she said that's what heather's that i could do she said i could play video games i could play board games i could go to the p e room it could go to kids helping kids and i never got any late information about that  fifty four and does oral testimony to that was a deposition where she was under scrutiny from opposing counsel is not something i wrote for her or anything like that i was that was just straight out of the mouth mrs davis testified also  was it was kind of search through it is a little bit of a case of about what the supervision was for was for the final four plan was a for the support plan did she sometimes calls a safety plan was it to prevent her from being bullied by the other child was it to prevent her somebody who actually made the determination and that's exactly what the mother you know she was somebody to make the determination this is this was an ongoing problem for five years before that happened and and then eventually she said look we have to have an mainstreaming and obviously the idea is to try to provide accommodation make sure that the child is able to receive an education with their peers but if the court looks at us i agree directly discussing five of four but is based that there is another way to try to achieve the other way to try to achieve faith is to create a special education environment where you replicate what the other children are able to receive and trying to create as a curriculum dr wallace and what she needed was to have one close when she was outside and at least in kindergarten the temperature was fifty five dollars degrees or lower that she needed to be instead indoors a year after that it was changed to sixty degrees the only other accommodation that was indicated in the letter from the seattle children's hospital so here are two a team goes to doctor treatment providers indicate that she needs not to be penalized for medical comments when she's missing school and yes and so this particular two hundred and eighteen this particular miller of medical information indicated that there were last part why there isn't a factual issue because we have we have this land and we have kester loney that is not being met the reason is not factual issues because ghost motor still in one dollar to one dollar supervision was unnecessary for accommodating her disability it would be just the same as if it could just as something that she could do during indoor recess or going to the library and if that for some reason had not day inside a movie just pieces around the board and what we're talking about is what can happen for this child who can't go have recess which is part of th honor i believe that our d had access to general education recess the way that many other children at access to general education recess even when she was inside and that's something that's dealt with a little bit at the bottom of page you are one hundred and thirty three dollars this is why we're talking about things that were offered to her it's also something where if she's going to the library she can do that if she wants to be in the which was where the stairs are she could do that but there was nothing discriminatory against her by being inside protecting her the way that her doctors say she needed to be protected and that i could hear that but that testimony  i you know in the ring he's not he doesn't have a supervision and then there's not this testimony that he's inside getting something related to her mother is you know so this story you're recesses and if she was outside during one of those resources it would have been with permission of ms armstrong who was the teacher check the temperature to see if it was ok to go outside with regard to the accommodations and the necessity i think that is a key issue in this case if somebody has a disability in school cases very often this is something that happens and the parent expresses at the top desire for something in addition to what would accommodate the disability it's very common for schools to allow the extra accommodation that may not be disability related to go down into parent you'll see that over the summer of two thousand and sixteen from july august to the beginning of september the main concern was keeping these two engine separate and in order to solve that concern of keeping the two should separate the one  the teacher's classroom a lot of kids go on the playground to and he was not tonight access to recess and actually testified under deposition that she would often have another child with her playing games but you know that this sounds like a jury argument to made rather a summary judgment sort of a well i think it goes back to deliberate indifference ultimately and that he was was a school district deliberately and different with eight minutes late as far as it goes motor skills was and are gross motor activities are concerned with a five o four and require gross motor normally there's going to be some type of doctor or physical therapist that says gross motor is necessary  there's no evidence anywhere in the record that was gross motor the gross motor was necessary nor in the record either an argument or in the anywhere in the record it isn't something that  disability related as far as the assumption that goes motor is something that happens in all recesses there's no evidence of that in something that happens in many recesses in many recesses she was outside with the permission of the teacher who was keeping track temperature many recesses she was inside she was inside with other kids and many other children would have been inside during those same times i believe that solo text is something that should be