Porter
Porter Ex Rel. Porter v. Board of Trustees of Manhattan Beach Unified School District
Opinion
Opinion
Lew, J.
ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS
I. INTRODUCTION
In the case pending before this Court, Plaintiffs assert constitutional and' statutory claims for the provision of allegedly inadequate education for a disabled minor student. Before the Court are (1) Defendants Manhattan Beach Unified School District and Board of Trustees of Manhattan Beach Unified School District’s Motion to Dismiss Plaintiffs’ Complaint and (2) Defendants Gerald F. Davis and Linda M. Jones’s Motion to Dismiss Plaintiffs’ Complaint Pursuant to Rules 12(b)(1), 12(b)(6), and 12(f) of the Federal Rules of Civil Procedure. Defendants Board of Education of the State of California, California Department of Education, and Delaine Eastin have joined in the Motions to Dismiss.
The matter came on for hearing on November 6, 2000, at which time the Court heard oral argument and took the matter under submission. After reviewing all pa pers filed in support of and in opposition to the Motions and the arguments of counsel, the Court hereby GRANTS Defendants’ Motions to Dismiss.
II. PROCEDURAL BACKGROUND
Dashiell Porter (“Student”) is a thirteen-year-old autistic student in the defendant school district who was…