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Shantz v. Union-Endicott Cent. Sch. Dist.

Negligence Claim Not Bid to Disguise Claim Under IDEA, Rehabilitation Act; Suit Remanded

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DECISION & ORDER Before the Court is Defendant’s motion to dismiss this case, which alleges that Defendant violated the rights of the minor Plaintiff, a student in the Defendant Union-Endicott Central School District. Plaintiff responds that the case was improperly removed to this Court, and should be remanded. The parties have briefed the issues, and the Court has determined to decide the matter without oral argument.I. BACKGROUNDPlaintiff Michael Shantz filed this action on behalf of his minor son, B.S., in the Supreme Court of Broome County, New York. See Complaint (“Complt.”), dkt. # 1-1. Plaintiff seeks “damages resulting from the negligence of the” Defendant’s agents “in failing to prevent B.S. from being bullied throughout the school year[.]” Id. at 4. Plaintiff alleges that B.S. attended Charles F. Johnson Elementary school as a kindergartner. Id. at 5. Prior to attending that school, B.S. had attended First Presbyterian Nursery School in Endicott, New York, where he was diagnosed with attention deficit hyperactivity disorder (“ADHD”). Id. at 6. He had an aide assigned to work with him one-to-one. Id.Plaintiff alleges that B.S. suffered bullying from other students, sustaining physical and emotional damage as a result. Id. at

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