JEFFERY Y. v. ST. MARYS AREA SCHOOL DIST.

C.A. Nos. 96-414E, 96-424E.

967 F.Supp. 852 (1997)

JEFFERY and Mary Y., individually and as parents and as Natural Guardians of Nicole Y., Plaintiffs, v. The ST. MARYS AREA SCHOOL DISTRICT, William J. Williams, personally and in his official capacity as Superintendent of St. Marys Area School District, Elaine A. Lee, personally and in her capacity as the Special Education Supervisor at St. Marys Area School District, Paul J. Robertson, personally and in his official capacity as Supervisor of Pupil Personnel and Administrative Services, Susan McDonough, personally and in her official capacity as a Learning Support Teacher at St. Marys Area High School, Lisa Mancuso, personally and in her official capacity as a Life Skills Teacher at St. Marys Area School District, John Esenwine, personally and in his official capacity as an elementary school principal at St. Marys Area School District, Timothy R. Wurm, personally and in his official capacity as a Life Support Teacher at St. Marys School District, Susan Grumley, personally and in her official capacity as a Learning Support Teacher at St. Marys Area High School, Defendants. KATHY G., individually and as parent and Natural Guardian of Mark C., Plaintiffs, v. The ST. MARYS AREA SCHOOL DISTRICT, William J. Williams, personally and in his official capacity as Superintendent of St. Marys Area School District, Clytheria Hornung, personally and in her official capacity as Principal of St. Marys Middle School, Elaine A. Lee, personally and in her capacity as the Special Education Supervisor at St. Marys Area School District, Paul J. Robertson, personally and in his official capacity as Supervisor of Pupil Personnel and Administrative Services, Susan McDonough, personally and in her official capacity as a Learning Support Teacher at St. Marys Area High School, Susan Grumley, personally and in her official capacity as a Learning Support Teacher at St. Marys Area High School, Charles Aliberto, personally and in his official capacity as a Special Education Advisor, Bureau of Special Education, Division of Compliance, Pennsylvania Department of Education, Michelle Desera, personally and in her official capacity as Chief of the Bureau of Special Education, Department of Education, Defendants.

United States District Court, W.D. Pennsylvania.

June 20, 1997.


Attorney(s) appearing for the Case

Edward J. Feinstein, Law Offices of Edward Feinstein, Pittsburgh, PA, David C. Long, Oliveburg, PA, for Plaintiffs.

Stacey F. Vernallis, Jacqueline K. McGannon, Pietragallo, Bosick & Gordon, Pittsburgh, PA, James T. Rague, III, Spencer, Gleason, Hebe & Rague, Wellsboro, PA, for Defendants.


Memorandum Order

COHILL, District Judge.

These are civil rights actions brought pursuant to the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq., the Rehabilitation Act, 29 U.S.C. §§ 720, 794, the Americans with Disability Act, 42 U.S.C. § 12101, and the Fourth and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983. The plaintiffs request damages, but no injunctive...

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