IN THE UNITED STATES DISTRICT COURT M.M., a minor ...Thompson, a third grade teacher. Plaintiffs allege that Defendants denied M. a free and appropriate public education (“FAPE”)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA M.M., a minor, by his parents and natural : guardians, and J.M. and V.M., individually in : their own right, : CIVIL ACTION Plaintiffs, : : v. : : TREDYFFRIN/EASTTOWN SCHOOL : No. 06-1966 DISTRICT and its BOARD OF DIRECTORS, : DANIEL WATERS, JOYCE VIDELOCK, : BETH ANNE KOB, and WALT THOMPSON, : Defendants. : MEMORANDUM AND ORDER Schiller, J. September 1, 2006 Plaintiffs, a ten-year-old child (“M.”) and his parents, bring this action against Tredyffrin/Easttown Sc hool District, its Board of Directors, the superintendent of schools, the director of individualized student services, the principal of New Eagle Elementary School and Walt Thompson, a third grade teacher. Plaintiffs allege that Defendants denied M. a free and appropriate public education (“FAPE”) during the 2005-2006 school year due to educational inadequacies and disability discrimination. Accordingly, they bring claims under the Individuals with Disabilities Education Act (“IDEA”), Section 504 of the Rehabilitation Act of 1973 (“Section 504”), the Fourteenth Amendment of the U.S. Constitution, 42 U.S.C. § 1983 (“Section 1983”), and the Pennsylvania Constitution. Plaintiffs also allege negligent and intentional infliction of emotional distress and assault and battery. Defendants filed two motions to dismiss for failure to exhaust administrative remedies and failure to state a claim upon which relief may be granted. The Court grants the motions for the reasons discussed below.
