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T.D.J. v. School District of Philadelphia

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

T.D.J., individually and as Parent and Natural Guardian of M.D.J., a Minor,

Plaintiff Case No. 2:19-cv-02112-JDW SCHOOL DISTRICT OF PHILADELPHIA,

Defendant

ORDER

AND NOW, this 21st day of October, 2019, upon consideration of Defendant the School District of Philadelphia’s Motion to Dismiss (ECF No. 10), Plaintiff’s Response in Opposition (ECF No. 14), the District’s Reply (ECF No. 17), and Plaintiff’s Sur-Reply (ECF No. 18), and for the reasons set forth in the Court’s accompanying Memorandum, the Court ORDERS that the District’s Motion is GRANTED IN PART and DENIED IN PART.

The District’s Motion is GRANTED with respect Plaintiff’s claims for violations of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act based on conduct alleged during the 2017-2018 school year. Those claims are DISMISSED.

The District’s Motion is DENIED with respect to its remaining arguments, as set forth in the Court’s Memorandum.

BY THE COURT:

/s/ Joshua D. Wolson

2

JOSHUA D. WOLSON, J

E.D. Pa.: T.D.J. v. School District... | Special Education Law