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Parker-Leon v. Middle Village Preparatory Charter School

ADA, Other Claims Over Son's 'Bullying' Beyond Reach of IDEA Exhaustion Requirement

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MEMORANDUM & ORDER Plaintiffs Colleen Parker-Leon and Steven Leon (“Plaintiffs”) bring this action on behalf of their minor son, J.L., against Defendant Middle Village Preparatory Charter School (“MVP”) alleging various common law causes of action and statutory violations under 29 U.S.C. §701 (“Section 504 of the Rehabilitation Act”) and 42 U.S.C. §12132 (the “Americans with Disabilities Act” or “ADA”). (Compl. (Dkt. 2).) Plaintiffs maintain that J.L. was subjected to ongoing and pervasive bullying and harassment at MVP. (Id.)Before the court is Defendant’s motion to dismiss for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). (See Def. Mot. to Dismiss (“Mot.”) (Dkt. 19).) For the reasons stated below, Defendant’s motion is DENIED.I. BACKGROUNDThe court takes the following statement of facts from Plaintiffs’ complaint. Plaintiffs Colleen Parker-Leon and Steven Leon are the parents of J.L., an 11-year old child and sixth grade student at Middle Village Preparatory Charter School in Queens, New York. (Comp.) J.L. was diagnosed with ADHD and social anxiety and participated in an Individualized Education Program (“IEP”) while attending MVP during the 2016-17 school year. (Id. 16.)Plaintiffs allege that although J.L. initially enjoyed attending MVP, he started to complain about bullying within the first month of the school year. (Id.

17-18.) Specifically, Plaintiffs allege that J.L. was repeatedly mocked because of his disability and describe instances wherein one particular student (“A.O.”) called J.L. “dumb” and “stupid,” and pushed and “picked [him] up.” (Id.

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