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TEREANCE D. v. SCHOOL DIST. OF PHILADELPHIA

Civil Action No. 07-4166.

548 F.Supp.2d 162 (2008)

TEREANCE D., through his Guardian and next friend, WANDA D., and Wanda D. in her own right, Plaintiffs, v. SCHOOL DISTRICT OF PHILADELPHIA, Defendant.

United States District Court, E.D. Pennsylvania.

February 13, 2008.

Attorney(s) appearing for the Case

Lorrie McKinley, McKinley & Ryan LLC, West Chester, PA, for Plaintiffs.

Miles H. Shore, School District of Phila, Office of General Counsel, Philadelphia, PA, for Defendant.

Memorandum and Order

YOHN, District Judge.

Plaintiffs Tereance D. and Wanda D. bring this five-count action against the School District of Philadelphia (the "District") for failing to provide Tereance with a free appropriate public education ("FAPE") and for discriminating against Tereance. The court presently considers the District's motion to dismiss Counts III and IV under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim...

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