Curran v. Bureau of Special Education Appeals of the Massachusetts Department of Education

This case arises out of the alleged procedurally defective expulsion of Brett Curran (“Brett”), a special needs student, from the Landmark School, a private educational facility. Plaintiffs’ complaint alleges that the Landmark School dismissed Brett in violation of federal handicap discrimination laws and deprived Brett of his civil rights. Plaintiffs further seek review of an adverse Bureau of Special Education Appeal’s (“Bureau”) decision pursuant to G.L.c. 30A, § 14. Defendants move to dismiss plaintiffs’ complaint pursuant to Mass.R.Civ.P. 12(b)(6) and argue, in sum, that Landmark is not…