B.D. et al v. Fairfax County School Board, No. 1:2018cv01425 - Document 18 (E.D. Va. 2019)

Court Description: MEMORANDUM OPINION Signed by District Judge Claude M. Hilton on 2/19/2019. (acha, )

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B.D. et al v. Fairfax County School Board Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division B.D., et al,, Plaintiffs, Civil Action No. l:18-cv-1425 V. FAIRFAX COUNTY SCHOOL BOARD, Defendant. MEMORANDUM OPINION This matter comes before the Court on Defendant's Motion to Dismiss (Dkt. 9) Counts II-V of Plaintiffs' Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiffs are B.D., an eighteen-year-old twelfth-grade student at George C, Marshall High School (MHS), and his parents. B.D. has Down syndrome and has been identified as intellectually disabled. B.D. has received special education services from Fairfax County Public Schools (FCPS) since he was in'the second grade. All of these services have been pursuant to Individualized Education' Plans (lEP). B.D.'s parents have worked with educators throughout this time to create lEPs with rigorous goals, the ultimate goal being that B.D. would graduate from high school with a Standard Diploma, as opposed to an Dockets.Justia.com

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