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West Chester Area School District v. B.O. et al.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

BRADEN O., et al. : CIVIL ACTION Plaintiffs ‘ NO. 16-0071 v.

WEST CHESTER AREA SCHOOL DISTRICT Defendant

WEST CHESTER AREA SCHOOL i CIVIL ACTION DISTRICT : Plaintiff NO. 16-0758 V.

B.O., et al. Defendants

ORDER

AND NOW,, this 5" day of July 2017, upon consideration of West Chester Area School

District’s motion for judgment on the administrative record, [ECF 20], and Parents’ response in

opposition thereto, [ECF 22], and Parents’ motion for judgment as a matter of law on the

administrative record, [ECF 22],' West Chester Area School District’s response in opposition

thereto, [ECF 21], and Parents’ reply thereto, [ECF 25], it is hereby ORDERED that, for the

reasons set forth in the accompanying Memorandum Opinion:

(1) West Chester Area School District’s motion for judgment on the administrative

record, [ECF 20], is GRANTED. The Hearing Officer’s orders/decisions underlying the West

Chester School District’s appeal are VACATED, and this matter is REMANDED to the

Hearing Officer for further proceedings consistent with this Court’s Memorandum Opinion; and,

With the exception of Parents’ motion, all of the parties’ respective briefs were filed in the 16-cv- 0758 matter. Plaintiffs motion, however, was filed in the 16-cv-0071 matter.

(2) Parent’s motion for judgment as a matter of law on the administrative record, [ECF

22], is DENIED.

BY THE COURT:

/s/ Nitza I Ouifiones Alejandro NITZA I. QUINONES ALEJANDRO Judge, United States District Court

E.D. Pa.: West Chester Area School... | Special Education Law