M.S. Ex Rel. Shihadeh v. Marple Newtown School District

OPINION *

FUENTES, Circuit Judge.

Appellants challenge the District Court’s dismissal of their claims for lack of subject matter jurisdiction. For the following reasons, we will affirm the District Court’s judgment in part, vacate in part, and remand for further proceedings.

I

According to the Complaint in this action, minor child M.S.’s sister was sexually assaulted by B.C., a boy from M.S.’s high school. Over the course of three years, and despite repeated requests to the contrary, the high school placed M.S. in classes with B.C. and his brother J.C., both of whom subjected M.S. to verbal and…