MEMORANDUM AND ORDER
JONES, District Judge.
Pending before this Court is a Motion to Dismiss Counts II, IV, and V of Plaintiffs Amended Complaint ("the Motion"), filed by two of the Defendants to this action, the Pennsylvania Department of Education and Linda Rhen, on December 22, 2006. (Rec.Doc.21). For the reasons that follow, the Motion will be granted in part and denied in part.
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