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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

LESLIE N. BIGGS, et al.

v.

BOARD OF EDUCATION OF CECIL COUNTY, MARYLAND

: : : : : : : :

CIVIL NO. L-00-1003

MEMORANDUM Now pending before the Court is Defendant's Motion to Dismiss, or Alternatively, for Summary Judgment. For the reasons stated herein, the Court shall, by separate Order, GRANT Defendant's Motion to Dismiss Counts I and II, GRANT Defendant's Motion for Summary Judgment on Count III, and DIRECT the Clerk to CLOSE the CASE. I. Background: Leslie Biggs was born on April 24, 1985, and diagnosed with epilepsy in 1995. During the 1996-97 school year, she had frequent seizures requiring hospitalization. By the beginning of the 1997-98 school year, Ms. Biggs's condition had improved and "she was essentially seizurefree." In the fall of 1997, Ms. Biggs began the seventh grade at Bohemia Manor Middle School in Cecil County, Maryland. During the 1997-98 school year, Ms. Biggs was subjected to taunting and teasing by some classmates, apparently on the basis of her epilepsy and physical appearance. These classmates taunted and teased Ms. Biggs by calling her, inter alia, "ugly dog,"

"seizure girl," and "Lesby," and telling her, "go have a seizure, ugly dog." Ms. Biggs, and her mother, Mrs. Nancy Biggs, complained to the school on many occasions throughout the school year. In response to the complaints, the school took a number of steps to stop the harassment. In January of 1998, Ms. Currinder, the school guidance counselor, set up a meeting with Leslie and two boys accused of teasing her to discuss the harmful effects of teasing. In February of 1998, Mrs. Biggs gave Mr. Cole, the Vice Principal, a list of the names of eleven boys whom Leslie said had teased her. In response, Mr. Cole set up meetings with each of the accused students to discuss the incidents and explain that the teasing was unacceptable. After speaking with each student, Mr. Cole directed his secretary to send the following letter to each student's parent(s) or guardian(s): On Monday, February 2, 1998, [student's name] was referred to the office for harassing a female student by name calling and other verbal mistreatment. We feel that a conference is needed to discuss this matter, please telephone Bohemia Manor Middle School at 410-885-2095 to arrange this conference. If we do not hear from you by Wednesday, February 4, 1998 at 4:00 p.m., you child may be suspended from school until a conference can be arranged. Please talk to your child about this behavior. It is a goal of the school to provide the best educational opportunities for all of our students. To reach this goal we need to maintain an atmosphere conducive to learning. Defendant's Motion for Summary Judgment at Exhibit 19. Additionally, Mr. Cole spoke with Ms. Biggs's teachers regarding the taunting and teasing. Mr. Cole informed each teacher that "if they ever hear[d] anybody saying any harassing things to Leslie to send that kid to the office immediately." Defendant's Motion, Exhibit 17 at E.271.

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While these corrections were underway, on February 12, 1998, Leslie's parents removed her from Bohemia Manor Middle School and home tutored her for the remainder of the school year. In the fall of 1998, Leslie was enrolled at the Elkton Christian School and repeated the seventh grade. On April 10, 2000, Nancy Biggs and Allen Biggs, Jr., parents of Leslie Biggs, filed suit against Defendant Board of Education of Cecil County, Maryland. The Amended Complaint alleges the following three counts: (i) Count I, filed under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

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Maryland Law