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N.S. v. COM., DEPT. OF EDUC.

Civ. A. No. 94-2571.

875 F.Supp. 273 (1995)

N.S., et al. v. The COMMONWEALTH of Pennsylvania, DEPARTMENT OF EDUCATION, et al.

United States District Court, E.D. Pennsylvania.

February 15, 1995.

Attorney(s) appearing for the Case

Dennis C. McAndrews, Wayne, PA, for plaintiffs.

Sue Ann Unger, Office of Atty. Gen., Philadelphia, PA, Andrew E. Faust, Curtin & Heefner, Doylestown, PA, Robert T. Lear, Philadelphia, PA, Joseph J. Santarone, Jr., Marshall, Dennehey, Warner, Coleman & Goggin, Norristown, PA, C. Robert Elicker, Jr., Chester County Sol., Clarence A. Dickerson, West Chester, PA, for defendants.

MEMORANDUM AND ORDER

ANITA B. BRODY, District Judge.

Before me is the 12(b)(6) motion of defendant Downingtown Area School District ("Downingtown") to dismiss plaintiff's complaint for failure to state a claim. I must decide whether in a hearing for tuition reimbursement under 20 U.S.C. § 1415(b)(2) the administrative hearing officer's inability to exercise jurisdiction over the other defendants renders futile the administrative process under...

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