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N.M. v. Central York School Dist.

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


November 23, 2010

N.M., THROUGH HER GUARDIANS AND GRANDPARENTS, SALEEM M. AND SHAHIDA M., AND SALEEM M. AND SHAHIDA M. IN THEIR OWN RIGHT, PLAINTIFFS
v.
CENTRAL YORK SCHOOL DISTRICT, DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 23rd day of November, 2010, upon consideration of the report of United States Magistrate Judge William T. Prince (Doc. 48), recommending that defendant's motion for summary judgment (Doc. 32) be granted, and plaintiffs' motion for judgment on the administrative record (Doc. 37) be denied, and, following an independent review of the record and noting that plaintiffs N.M., through her Guardians and Grandparents, filed objections*fn1 to the report on September 24, 2010 (Doc. 51), and the court finding Judge Prince's analysis to be thorough and well-reasoned, and the court finding plaintiffs' objections to be without merit and squarely addressed by Judge Prince's report, it is hereby ORDERED that:

1. The report of Magistrate Judge Prince (Doc. 48) is ADOPTED.

2. Defendant's motion for summary judgment and disposition on the administrative record (Doc. 32) is GRANTED, and the decision of the administrative law judge is REVERSED to the extent that it held that the Central York School District failed to provide N.M. with a free appropriate education in the least restrictive environment and the compensatory-education award is hereby VACATED.

3. Plaintiffs' motion for judgment on the administrative record (Doc. 37) is DENIED.

4. The Clerk of Court is directed to CLOSE this matter.

CHRISTOPHER C. CONNER United States District Judge


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