Bryant Ex Rel. D.B. v. New York State Education Department

I concur in the majority’s opinion with regard to Appellants’ Rehabilitation Act, Due Process, and Equal Protection claims, but I respectfully dissent insofar as the *220Court’s opinion relates to the dismissal of Appellants’ IDEA claims because I believe that Appellants’ complaint alleged sufficient facts to survive a motion to dismiss, and because I find that the materials outside the complaint relied on by the majority do not establish, as a matter of law, the reasonableness of the State’s ban on aversive interventions.

In dismissing Appellants’ complaint, the district court held that “the…