D.C. v. School District of Philadelphia

Concurring and Dissenting Opinion by

Judge SIMPSON.

I agree with the majority’s resolution of the Students’ special legislation challenge to Section 2134 of the School Code (Transition Statute).1 However, I respectfully dissent from the conclusions regarding a denial of procedural due process. For the reasons that follow, I would affirm the grant of summary judgment to the School District of Philadelphia.

First, the named Students2 failed to present a factual basis to prevail because they failed to prove any deprivation whatsoever.

By agreement, the case proceeded to summary judgment without any…