Timothy B. Ex Rel. J.B. v. Neshaminy School District

MEMORANDUM

GREEN, Senior District Judge.

Presently pending is Defendant’s Motion to Dismiss Plaintiffs Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for plaintiffs alleged failure to state a claim for which relief may be granted. For the reasons set forth below, ■ Defendant’s motion will be denied.

Factual and Procedural Background

Plaintiff filed a Complaint in this matter which includes counts for violations of the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400, et seq., 42 U.S.C. § 1983 and § 504 of the Rehabilitation Act. In summary, the Complaint…