United States District Court, E.D. Pennsylvania
July 13, 2015
MATTHEW D. and JENNIFER D., individually, and as the Parents and Natural Guardians of M.D., Plaintiffs,
AVON GROVE SCHOOL DISTRICT, Defendant.
L. FELIPE RESTREPO, UNITED STATES DISTRICT JUDGE.
AND NOW, this 13th day of July, 2015, upon consideration of the Motion for Summary Judgment on the Administrative Record filed by defendant, Avon Grove School District (ECF Document 17), the Motion for Judgment on the Administrative Record filed by plaintiffs, Matthew D. and Jennifer D., individually, and as the parents and natural guardians of M.D. (Doc. 19), the parties’ respective Responses to the aforesaid motions, and the parties respective additional briefing filed in response to the Order filed June 22, 2015 regarding exhaustion of administrative remedies (Docs. 31 & 32; see Order filed 6/22/15 (Doc. 30)), for the reasons explained in the accompanying Memorandum, it is hereby ORDERED that:
1. Plaintiffs’ Motion for Judgment on the Administrative Record (Doc. 19) is DENIED;
2. Defendant’s Motion for Summary Judgment on the Administrative Record (Doc. 17) is GRANTED insofar as defendant requests Judgment in its favor on Count I of plaintiff’s Amended Complaint requesting tuition reimbursement, costs, and fees;
3. Defendant’s request for dismissal of Count II of plaintiff’s Amended Complaint (plaintiff’s Section 504 claim) for lack of subject-matter jurisdiction (Doc. 32) is GRANTED, and Count II of the Amended Complaint is DISMISSED in that plaintiff acknowledges a failure to satisfy the requirement of exhaustion of administrative remedies, see Pls.’ Br. filed 6/26/15 (Doc. 31) (“Count II of the Amended Complaint must be dismissed for lack of subject matter jurisdiction”);
4. Defendant’s Counterclaim is DISMISSED, see Mem. Op. filed 7/13/15, n.6 (accompanying this Order).