Watson

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

Defendants Evergreen School District, Clifton Black, Rose Real, Robert Pruitt, Cheryl Harms, Claudia Blodgett, Gary Kishimoto, and Joella Molloy (the “School District defendants”) move to dismiss plaintiffs’ complaint for failure to state a claim. Plaintiffs filed opposition to the School District defendants’ motion. The court has read the moving and responding papers and considered the arguments of counsel. For the reasons set forth below, the court GRANTS defendants’ motion to dismiss. Plaintiffs have twenty calendar days from the date of this order to amend their complaint.

I. BACKGROUND

A. The Parties

Plaintiff Olivia Stalker (“Olivia”) is a nine year old female child. According to the amended complaint (“AC”), she suffers from Attention Deficit Hyperactivity Disorder, Turrets Syndrome, Sensory Integration Disorder, Processing Deficit, and has deficits in communications skills, cognitive skills, and chronology, and memory impairments. AC ¶ 35. Olivia was a special needs child in the care of the Evergreen School District during the 2004 and 2005 school years. Id. ¶ 42. Plaintiff Shafer Watson (“Shafer”) is a four year old male…