Individuals with Disabilities Education Act • Physical Handicap • Violation of Due Process Rights under “Special Relationship” and “State-Created Danger” Exceptions • Inadequate Facilities and Training of Personnel
Lichtenstein v. Lower Merion Sch. Dist., PICS Case No. 17-0219 (E.D. Pa. Feb 8, 2017) Baylson, J. (23 pages).
A physically-disabled student receiving physical assistance at school pursuant to IDEA properly pleadd a “special relationship” under the Due Process Clause alleging that the school district failed to provide adequate facilities and personnel training to provide him with necessary physical assistance. Summary judgment denied; claims dismissed in part without prejudice.
