Full opinion text
MEMORANDUM OPINION and ORDER OF COURT GIBSON, District Judge. SYNOPSIS This matter comes before the Court on the Defendants’ Motion to Dismiss, which has been filed pursuant to Federal Rule of Civil Procedure 12(b)(6). (Document No. 21). For the reasons that follow, the Defendants’ Motion to Dismiss will be granted in part and denied in part. BACKGROUND The Plaintiff, Sonya Taylor (“Taylor”), commenced this action on August 30, 2005, against the Altoona Area School District (the “District”), the Altoona Area School Board (the “Board”), Suzanne Ritchey (“Ritchey”), Carol Myers (“Myers”), and Michelle Adams, R.N. (“Adams”), alleging violations of the Individuals with Disabilities Education Act (the “IDEA”) [20 U.S.C. § 1400 et seq.], the Rehabilitation Act [29 U.S.C. § 701 et seq.], the Americans with Disabilities Act (the “ADA”) [42 U.S.C. § 12101 et seq.], the Pennsylvania Wrongful Death Statute [42 Pa.C.S. § 8301], the Pennsylvania Survival Statute [42 Pa.C.S. § 8302], and the Fourteenth Amendment to the Constitution of the United States. (Document No. 1). On October 11, 2005, the Defendants filed a Motion to Dismiss and/or Motion for a More Definite Statement pursuant to Federal Rides of Civil Procedure 12(b)(6) and 12(e). (Document No. 8). This Court disposed of that Motion in a memorandum opinion dated September 28, 2006, in which the Defendants’ Motion to Dismiss was granted in part, and in which the Defendants’ Motion for a More Definite Statement was granted with respect to certain counts for which the Motion to Dismiss was denied. Taylor v. Altoona Area School District, 2006 U.S. Dist. LEXIS 70853 (W.D.Pa. September 28, 2006) (“Taylor I”). The Court granted Taylor leave to amend upon the granting of the Defendants’ Motion to Dismiss. Taylor I, 2006 U.S. Dist. LEXIS 70853, at *50. Taylor filed an Amended Complaint on November 9, 2006. (Document No. 20). Thereafter, on November 20, 2006, the Defendants filed another Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Document No. 21). Since the matter comes before the Court in this context, the allegations contained in the Amended Complaint are assumed to be true. Anza v. Ideal Steel Supply Corp., — U.S.-,-, 126 S.Ct. 1991, 1994, 164 L.Ed.2d 720, 726 (2006); Sutton v. United Air Lines, Inc., 527 U.S. 471, 475, 119 S.Ct. 2139, 2143, 144 L.Ed.2d 450, 458 (1999). According to the Amended Complaint, Devin J. Taylor (“Devin”) was born on October 12, 1994. (Document No. 20, p. 3, ¶ 8). He was a student at Wright Elementary School (“Wright”), which is located within the District. Id. Taylor is Devin’s natural mother, and she served as his primary physical and legal custodian. (Id., ¶ 9). She is also the administratrix of Devin’s estate. Id. At all relevant times, Taylor and Devin resided in Altoona, Pennsylvania, within the territorial limits of the District. Id. Moreover, during the relevant period of time, Ritchey was the principal at Wright, Adams was school nurse for the District, and Myers was Devin’s third-grade teacher. (Id., p. 4, ¶¶ 11-14). Devin was identified as, recognized as, and known to be a student with disabilities because of his asthma and related breathing problems. (Id., p. 6, ¶ 28). For this reason, Taylor and the Defendants developed an Individualized Education Program (“IEP”)' in conformity with 20 U.S.C. §§ 1412(a)(4) and 1414(d), which are contained in the IDEA. (Id., p. 7, ¶ 29). Pursuant to the IEP, Taylor and the Defendants arranged for a Service Plan to be instituted, affording Devin the appropriate services to address his asthmatic condition while he was attending school. (Id., p. 7, ¶ 30). This was the District’s way of providing Devin with a free appropriate public education (“FAPE”) within the meaning of § 1412(a)(1). Included within the Service Plan was a document outlining an Asthmatic Reaction Procedure (“ARP”), which required: (1) that Devin be given medication (i.e., use of an inhaler) as prescribed by his physician before exercising and when symptoms began to manifest themselves; (2) that Devin be able to utilize a nebulizer with the assistance of a school nurse; (3) that the school nurse, the appropriate medical provider or Taylor be notified promptly of any related incidents, and the actions taken in response thereto; and (4) that resuscita-tive efforts be administered in the event that Devin’s medical condition were to warrant such action. (Id,., ¶ 31). Taylor provided an inhaler for Wright, which was in Myers’ possession at the time of the incident leading to Devin’s death. (Id., ¶ 32). Arrangements had also been made for Devin’s physician to communicate directly with the relevant school officials. Id. The physician indicated in writing that Devin’s inhaler should be administered in accordance with the Service Plan and the ARP. Id. Taylor sought to have the District purchase a nebulizer for Devin pursuant to the Access program, which was a state-sponsored health care program. (Id., pp. 7-8, ¶ 33). The Access program provided for the acquisition of one nebulizer, which was kept at Devin’s home. Id. The District refused to purchase an additional ne-bulizer for Devin. (Id., p. 8, ¶ 34). Consequently, Taylor saved sufficient funds to purchase an additional nebulizer, which was kept at Wright. Id. Nevertheless, the nebulizer was never utilized by Wright to treat Devin’s symptoms. Id. Taylor apparently believes that none of the Defendants were properly trained to use the device. Id. The ARP mandated that certain actions be taken if Devin were to manifest asthmatic symptoms. (Id., ¶ 35). School personnel were directed to perform CPR and contact emergency medical personnel in the event that Devin were to experience breathing difficulties, a decreased pulse or a decreased level of consciousness. Id. The District was provided with the documentation necessary to facilitate Devin’s IEP, Service Plan and ARP. (Id., ¶ 36). In the early morning hours of January 18, 2003, Devin was airlifted to Children’s Hospital in Pittsburgh, Pennsylvania, after suffering an acute bronchial asthmatic attack. (Id., p. 9, ¶ 37). At the time, Devin was a second-grader. Id. He had returned from school on the previous day in a lethargic state. Id. He had apparently experienced breathing difficulties. Id. After Taylor took Devin to an emergency room, the decision was made to airlift him to Children’s Hospital. Id. The next week, Taylor went to Wright and explained to school personnel why Devin had been absent from school. (Id., ¶ 38). She spoke with Devin’s second-grade teacher, who explained to her that on January 17, 2003, Devin had experienced “an episode of arduous breathing and lethargy.” (Id., ¶ 39). The teacher explained that she had assisted Devin to the school office, and later to the door. Id. Nevertheless, Devin walked home on his own at the conclusion of the day. Id. The teacher expressed to Taylor the view that Devin’s manifestation of such symptoms had been related to his hospitalization shortly thereafter. Id. The school officials involved with Devin’s IEP, Service Plan and ARP were made aware of this episode. Id. Prior to Devin’s hospitalization, Taylor had not been informed of Devin’s breathing difficulties during the previous day of school. (Id., p. 10, ¶ 40). On that day, Devin had not been provided with medical assistance. Id. Instead, he had been left to walk home alone, despite the fact that his symptoms could be aggravated by the cold winter air. Id. Subsequent to Devin’s hospitalization, the Defendants were made aware of the risks associated with inattention to his asthmatic symptoms. (Id., ¶ 41). When Devin entered the third grade, Taylor responded to a questionnaire from the District seeking more detailed information about Devin’s medical problems. (Id., p. 11, ¶ 42). She indicated that Devin had been treated in an emergency room on at least ten prior occasions, and that serious complications had arisen in situations where his symptoms had not been addressed quickly after manifesting themselves. Id. The IEP, Service Plan and ARP adopted for the 2003/2004 school year required: (1) that Devin’s inhaler be administered on a daily basis; (2) that the inhaler be administered upon the manifestation of symptoms or the commencement of strenuous activity; (3) that Devin be provided the opportunity to utilize the ne-bulizer when his condition deteriorated; (4) that Taylor, the school nurse and Devin’s physician remain in contact about Devin’s medical condition; (5) that Devin’s breathing be monitored to ensure his safety; and (6) that CPR be performed on Devin if he were to stop breathing or experience a dramatic cessation of vital bodily functions. Id. At the beginning of the 2003/2004 school year, Myers was intimately involved with the development of Devin’s IEP, Service Plan and ARP. (Id., p. 12, ¶ 43). Nevertheless, she regularly failed to administer Devin’s inhaler before recess and other strenuous activities. Id. On some occasions, she gave Devin the inhaler only after he reminded her to do so. Id. On other occasions, the inhaler was simply not administered. Id. After returning from recess on September 24, 2003, Devin told Myers that he was experiencing breathing difficulties and lethargy. (Id., p. 12, ¶ 44). Myers responded by telling Devin to rest by laying his head on his desk. Id. She did not administer Devin’s inhaler, nor did she contact anyone else. Id. There was a telephone inside of the classroom. Id. Devin was not permitted to go to the nurse’s office, nor was he permitted to contact Taylor. Id. Instead, he laid his head on his desk pursuant to Myers’ instructions. Id. Myers continued with the scheduled activities for the other students as Devin waited at his desk. Id. Devin’s medical condition was left unmonitored for a period of about fifteen minutes. (Id., p. 13, ¶ 44). Adams was not at Wright at that time, nor was she contacted when Devin began to experience these asthmatic symptoms. (Id., ¶ 45). No other medical providers were contacted. Id. Although Adams knew that she would not be at Wright on that day, she did not make arrangements for another health care provider to manage Devin’s ARP protocol during her absence. Id. As Devin remained at his desk, one of his classmates noticed that he was not breathing and had turned purple. (Id., ¶ 46). Upon learning of the severity of Devin’s condition, Myers instructed another student to go and tell Ritchey to come to the classroom. (Id., ¶ 47). She did not immediately contact Taylor, nor did she inform medical personnel of the situation. Id. When Ritchey entered the classroom, Devin remained at his desk. (Id., p. 14, ¶ 49). No medications or resuscitative efforts were initiated. Id. Emergency medical personnel were eventually contacted. (Id., ¶ 50). While en route to Wright, the emergency medical providers received a second phone call. (Id., ¶ 51). The caller indicated that resuscitative efforts had been initiated, and that Devin had responded by breathing. Id. Nevertheless, when the emergency medical providers entered the classroom, Devin remained seated in his chair. (Id., 52). An unidentified adult, who Taylor believes to be Myers, was standing behind Devin. Id. When the medical personnel entered the classroom, she exclaimed, “His doctor told me to do this!” Id. The medical providers immediately placed Devin on the floor and initiated resuscitative efforts. (Id., ¶ 53). Taylor and Adams were not contacted until approximately thirty minutes after the onset of Devin’s symptoms. (Id., p. 15, ¶ 54). Taylor, who lived in close proximity to Wright, arrived within minutes of learning that Devin was not feeling well. Id. Taylor and Adams both arrived as the emergency medical personnel were preparing to transport Devin to Altoona Hospital. Id. Prior to her arrival, Taylor had been under the impression that Devin simply needed to be picked up and taken to his home. (Id., ¶ 55). On prior occasions, she had taken Devin home in response to his experiencing asthmatic symptoms. Id. The school’s decision to contact Taylor under such circumstances was consistent with Devin’s IEP, Service Plan and ARP. Id. Upon her arrival at Wright, Taylor noticed the presence of emergency vehicles. (Id., ¶ 56). Adams was frantically approaching the door from another part of the parking lot. Id. When Taylor asked Adams whether the emergency responders were on the scene in response to Devin’s condition, Adams indicated that she believed that to be the case. Id. By that time, the emergency responders had already begun to take Devin to the ambulance outside. Id. Before transporting Devin to Altoona Hospital, the emergency responders attempted to resuscitate Devin for a period of ten minutes, but they were not successful. (Id., p. 16, ¶ 57). After Devin arrived at the emergency room, the medical providers at Altoona Hospital were able to maintain his vital signs. Id. Devin was subsequently transported to Pittsburgh tor more intensive medical care. Id. On September 27, 2003, Devin died. (Id., ¶ 58). An autopsy confirmed the cause of death to be acute bronchial asthma. Id. Medical evidence obtained both prior to and after Devin’s death indicated that no medication or resuscitative efforts had been employed by school personnel prior to the arrival of the emergency medical responders. (Id., ¶¶ 57, 59). Nevertheless, the Defendants insisted to investigating officers from the Altoona Police Department and to investigating medical personnel that they had employed such resuscitative efforts prior to the arrival of the emergency responders. (Id., ¶ 59). Taylor alleges that the Defendants failed to adhere to Devin’s IEP, Service Plan and ARP, and that adherence to such mandates would have prevented his tragic death. (Id., p. 20, ¶ 72). She alleges that the Defendants violated the IDEA, the Rehabilitation Act, the ADA, the Fourteenth Amendment, the Wrongful Death Statute and the Survival Statute. (Document Nos. 20, pp. 20-25, ¶¶ 73-97, 20-2, pp. 1-23, ¶¶ 98-229). She brings these claims against the Defendants both as the administratrix of Devin’s estate and on her own behalf. DISCUSSION Taylor’s Amended Complaint contains a total of twenty-one (21) counts. (Document Nos. 20, pp. 20-25, ¶¶ 73-97, 20-2, pp. 1-23, ¶¶ 98-229). The Defendants seek the dismissal of all but three counts. (Document No. 21, p. 2). Counts IV, VIII and XII allege violations of the IDEA, the Rehabilitation Act and the ADA against the District. (Document No. 20-2, pp. 6-7, 10-11, 14-15, ¶¶ 116-120, 143-149, 171-177). Those counts are not challenged in the Motion to Dismiss and, hence, will not be addressed in this memorandum opinion. A. The Individuals with Disabilities Education Act (IDEA) Claims Counts I, II and III of the Amended Complaint assert IDEA claims against Adams, Myers and Ritchey, respectively. (Document Nos. 20, pp. 20-25, ¶¶ 73-97, 20-2, pp. 1-6, ¶¶ 98-115). Also relevant to the IDEA analysis is Count XIII, which alleges violations of the IDEA, the Rehabilitation Act and the ADA and seeks redress against all of the Defendants under 42 U.S.C. § 1983. (Document No. 20-2, pp. 15-16, ¶¶ 178-182). Thus, Taylor’s Amended Complaint contains claims against Adams, Myers and Ritchey both directly under the IDEA and under § 1983 for alleged violations of the IDEA. In their first Motion to Dismiss, the Defendants asked the Court to dismiss all claims against these three individuals to the extent that they were sued in their personal capacities. (Document No. 8, pp. 3 — 4, ¶¶ 2-10). The Court declined to do so for two reasons. First of all, there was an intervening clarification of the applicable law concerning the evaluation of a qualified immunity defense raised against a vaguely worded complaint. Taylor I, 2006 U.S. Dist. LEXIS 70853, at *55-63. Consequently, the Court directed the parties to proceed in accordance with the decision of the United States Court of Appeals for the Third Circuit in Thomas v. Independence Township, 463 F.3d 285 (3d Cir.2006). Id. The Court also noted that the Defendants had not advanced specific arguments as to whether Adams, Myers and Ritchey could be sued in their personal capacities under the IDEA, the Rehabilitation Act or the ADA, and that resolution of such issues without appropriate briefing by the parties would be inappropriate. Id. at *56-59. The parties have now briefed these issues, but yet another change in the applicable law has occurred since the filing of Taylor’s Amended Complaint and the Defendants’ Motion to Dismiss. A few months ago, the United States Court of Appeals for the Third Circuit issued its decision in A.W. v. The Jersey City Public Schools, 486 F.3d 791, 794-803 (3d Cir.2007), holding that the IDEA’S comprehensive remedial scheme evinces a congressional intent to preclude § 1983 liability for violations of the IDEA. The Court of Appeals repudiated its prior decision in W.B. v. Matula, 67 F.3d 484 (3d Cir.1995), which had held that IDEA violations were actionable under § 1983. Jersey City, 486 F.3d at 795-799. Although Matula was binding precedent in this circuit at the time of the filing of the Amended Complaint, it is no longer good law today. Consequently, to the extent that Count XIII asserts an IDEA claim under § 1983, Jersey City mandates its dismissal. Therefore, the Court will grant the Defendants’ Motion to Dismiss with respect to Count XIII of the Amended Complaint, to the extent that Count XIII asserts claims against Adams, Myers, Ritchey and the District under § 1983 for violations of the IDEA. In Jersey City, the Court of Appeals specifically noted that it had no occasion to consider whether individuals could be sued directly under the IDEA, rather than under § 1983 for IDEA violations. Jersey City, 486 F.3d at 794-795, n. 4. That issue is before this Court, however, since Counts I, II and III of the Amended Complaint assert claims against Adams, Myers and Ritchey under the IDEA. The Defendants do not specifically argue that there is no individual liability under the IDEA. (Document No. 21, pp. 7-8, ¶¶ 19-24). Instead, they argue that Adams, Myers and Rit-chey are entitled to qualified immunity. Id. Nevertheless, in order to properly evaluate the qualified immunity defense in this case, the Court must address the “threshold question” of whether the Amended Complaint alleges conduct which would violate the IDEA. Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 2156, 150 L.Ed.2d 272, 281 (2001). Thus, the amenability of individuals to suit under the IDEA is properly before the Court, even though Adams, Myers and Ritchey assert only their enti-. tlement to qualified immunity. Jersey City, 486 F.3d at 794 (“Thus, the availability of § 1983 to remedy the alleged violations of A.W.’s statutory rights is part and parcel of our ‘threshold’ inquiry into defendants’ qualified immunity defense.”). The Court’s inquiry has revealed a split among district courts within this circuit as to whether the IDEA provides for individual liability. Some courts have stated that there is no individual liability directly under the IDEA. Colon v. Colonial Intermediate Unit 20, 443 F.Supp.2d 659, 669 (M.D.Pa.2006); P.N. v. Greco, 282 F.Supp.2d 221, 239 (D.N.J.2003). Others have determined that individuals can be held liable under the IDEA. J.F. v. School District of Philadelphia, 2000 WL 361866, at *8, 2000 U.S. Dist. LEXIS 4434, at *54, 59 (E.D.Pa. April 7, 2000); Salisbury Township School District v. Jared M., 1999 WL 562753, at *4, 1999 U.S. Dist. LEXIS 11687, at *10 (E.D.Pa. July 22, 1999). Therefore, a close examination of the conflicting authority, along with some historical background, is warranted. In Smith v. Robinson, 468 U.S. 992, 1009, 104 S.Ct. 3457, 3467, 82 L.Ed.2d 746, 763 (1984), the United States Supreme Court construed the Education of the Handicapped Act (“EHA”), the IDEA’S predecessor, to be “the exclusive avenue through which a plaintiff may assert an equal protection claim to a publicly financed special education.” The Supreme Court concluded that Congress had intended to preclude § 1983 liability for violations of the Equal Protection Clause in situations where a handicapped child asserted a right to a free appropriate public education, “based either on the EHA or on the Equal Protection Clause of the Fourteenth Amendment^]” Smith, 468 U.S. at 1013, 104 S.Ct. at 3469, 82 L.Ed.2d at 766 (emphasis added). Under Smith, conduct which violated the EHA was actionable only within the confines of the remedial scheme established by the EHA, even if that same conduct independently violated the Constitution. Smith, 468 U.S. at 1011, 104 S.Ct. at 3468, 82 L.Ed.2d at 764 (“In light of the comprehensive nature of the procedures and guarantees set out in the EHA and Congress’ express efforts to place on local and state educational agencies the primary responsibility for developing a plan to accommodate the needs of each individual handicapped child, we find it difficult to believe that Congress also meant to leave undisturbed the ability of a handicapped child to go directly to court with an equal protection claim to a free appropriate public education.”). Thus, the EHA was construed to carve an exception into § 1983, which was otherwise available to redress constitutional violations. Smith, 468 U.S. at 1012, 104 S.Ct. at 3468, 82 L.Ed.2d at 765 (“Nevertheless, § 1983 is a statutory remedy and Congress retains the authority to repeal it or replace it with an alternative remedy.”). Congress responded to Smith by amending the EHA in 1986 to void “Smith’s broad holding that the EHA preclude^] overlapping but independent claims otherwise cognizable under the Constitution, the Rehabilitation Act, or other Federal laws.” Padilla v. School District No. 1, 233 F.3d 1268, 1273 (10th Cir.2000); Pub.L. No. 99-372, 100 Stat. 796 (1986). The relevant statutory language, which is now codified as a part of the IDEA, provides: (1) Rule of construction. Nothing in this title [20 U.S.C. § 1400 et seq.] shall be construed to restrict or limit the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973 [29 U.S.C. § 790 et seq.], or other Federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under such laws seeking relief that is also available under this part [20 U.S.C. § 1411 et seq.], the procedures under subsections (f) and (g) shall be exhausted to the same extent as would be required had the action been brought under this part [20 U.S.C. § 1411 et seq.]. 20 U.S.C. § 1415(1). Subsequent to the amendment, the United States District Court for the District of Colorado, in Padilla v. School District No. 1, 35 F.Supp.2d 1260, 1269, n. 4 (D.Colo.1999), construed the amended statutory language to create a cause of action under the IDEA. In two later decisions, the United States District Court for the Eastern District of Pennsylvania followed the reasoning of Padilla, holding that individual liability existed for violations of the IDEA’S substantive provisions. J.F., 2000 WL 361866, at *18, 20, 2000 U.S. Dist. LEXIS 4434, at *54, 59; Salisbury Township School District, 1999 WL 562753, at *4, 1999 U.S. Dist. LEXIS 11687, at *10. In subsequent years, courts began to recognize that the reasoning employed in Padilla had been erroneous. The statutory language contained in 20 U.S.C. § 1415(1) was added not to create individual liability under the IDEA itself, but rather to permit plaintiffs to pursue remedies independently available under other statutes for the same conduct that violates the IDEA. Diaz-Fonseca v. Commonwealth of Puerto Rico, 451 F.3d 13, 29 (1st Cir.2006) (“We read the caveat set out in 20 U.S.C. § 1415(1) as intended to ensure that the IDEA does not restrict rights and remedies that were already independently available through other sources of law.”). In other words, § 1415(1) does not create a cause of action under the IDEA. Instead, it merely recognizes the existence of other causes of action created by other statutes, and clarifies that the IDEA does not preclude plaintiffs from also pursuing remedies independently available under those statutes. Consequently, several courts have determined that there is no individual liability under the IDEA. Blanchard v. Morton School District, 2006 WL 2459167, at *2, 2006 U.S. Dist. LEXIS 59417, at *7 (W.D.Wash. August 23, 2006); Colon, 443 F.Supp.2d at 669; M.T.V. v. Perdue, 2004 WL 3826047, at *11, 2004 U.S. Dist. LEXIS 29670, at *37 (N.D.Ga. February 3, 2004); P.N., 282 F.Supp.2d at 239. In other instances, courts have implied that there is no individual liability under the IDEA by suggesting that plaintiffs could circumvent the lack of such liability by suing under § 1983 for IDEA violations. Weyrick v. New Albany-Floyd County Consolidated School Corporation, 2004 WL 3059793, at *10, 2004 U.S. Dist. LEXIS 26435, at *32 (S.D.Ind. December 23, 2004) (“Perhaps the principal difference between the IDEA remedies and the use of § 1983 is the potential for individual liability for damages from school district officials and employees.”) (emphasis in original); Doe v. Town of Framingham, 965 F.Supp. 226, 230 (D.Mass.1997) (de-dining to address the issue of individual liability under the IDEA because the plaintiffs suit was brought under § 1983 rather than directly under the IDEA). This Court is convinced that § 1415(1) creates no cause of action under the IDEA, but rather acknowledges that the same conduct which gives rise to an IDEA action can also give rise to an action under other sources of federal law. For this reason, the Court finds Padilla, as well as the decisions which employed its rationale, to be unpersuasive. The ultimate inquiry, of course, does not end there. A determination that § 1415(1) does not provide for individual liability of the kind discussed in Padilla does not necessarily mean that no such liability exists under other provisions of the IDEA. Nevertheless, the courts which have found such liability to exist have generally based individual liability on the very construction of § 1415(1) that this Court has rejected. J.F., 2000 WL 361866, at *18, 20, 2000 U.S. Dist. LEXIS 4434, at *54, 59; Salisbury Township, 1999 WL 562753, at *4, 1999 U.S. Dist. LEXIS 11687, at *10. The dis-positive question is whether individual liability is a form of relief that is appropriate in light of the purposes of the IDEA. Bucks County Department of Mental Health/Mental Retardation v. Commonwealth of Pennsylvania, 379 F.3d 61, 67 (3d Cir.2004). The IDEA is a comprehensive legislative scheme that was “intended to afford children with special needs an education that would confer meaningful benefit.” Polk v. Central Susquehanna Intermediate Unit 16, 853 F.2d 171, 184 (3d Cir.1988). “Prior to the statute’s enactment, many disabled children were completely excluded from any form of public education, while others were ‘sitting idly in regular classrooms awaiting the time when they were old enough to drop out.’ ” Leighty v. Laurel School District, 457 F.Supp.2d 546, 554 (W.D.Pa.2006), quoting Board of Education v. Rowley, 458 U.S. 176, 191, 102 S.Ct. 3034, 3043, 73 L.Ed.2d 690, 702 (1982). The IDEA was enacted pursuant to Congress’ authority under the Spending Clause, which undoubtedly informs the inquiry as to how it should be construed. The substantive requirements contained in the IDEA come in the form of conditions placed on a State’s receipt of federal funds. 20 U.S.C. § 1412(a). Similar obligations are placed on the applicable state educational agencies and local educational agencies. 20 U.S.C. §§ 1412(b), 1413. Most notably, the IDEA requires recipients of federal financial assistance to provide a “free appropriate public education” to all disabled children between the ages of 3 and 21. 20 U.S.C. § 1412(a)(1). To that end, recipients are required to develop, for each disabled child, an “individualized education program” designed to meet his or her unique educational needs. 20 U.S.C. § 1412(a)(4). The IDEA also conditions federal funding on a requirement that disabled children, to the extent possible, be educated with their nondisabled peers and not be unnecessarily excluded from the regular classroom (i.e., the IDEA’S “mainstreaming” requirement). 20 U.S.C. § 1412(a)(5). The substantive obligations, of course, are imposed on the governmental entities receiving federal funds rather than on individuals employed by those entities. The United States Court of Appeals for the Third Circuit has recognized that Congress does not normally seek to impose liability on individuals when it places conditions on the receipt of federal funds by entities that employ such individuals. Emerson v. Thiel College, 296 F.3d 184, 190 (3d Cir.2002) (“Because the individual defendants do not receive federal aid, Emerson does not state a claim against them under the Rehabilitation Act.”). This reality counsels against a determination that individuals can be held liable for IDEA violations. Spending Clause legislation is also subject to a particular rule of construction, which was recently explained by the United States Supreme Court in Arlington Central School District v. Murphy, — U.S.-, 126 S.Ct. 2455, 165 L.Ed.2d 526 (2006): Congress has broad power to set the terms on which it disburses federal money to the States, but when Congress attaches conditions to a State’s acceptance of federal funds, the conditions must be set out unambiguously!.] Legislation enacted pursuant to the spending power is much in the nature of a contract, and therefore, to be bound by federally imposed conditions, recipients of federal funds must accept them voluntarily and knowingly. States cannot knowingly accept conditions of which they are unable to ascertain. Thus, in the present case, we must view the IDEA from the perspective of a state official who is engaged in the process of deciding whether the State should accept IDEA funds and the obligations that go with those funds. Arlington Central, 126 S.Ct. at 2459, 165 L.Ed.2d at 533-534 (citations and internal quotation marks omitted). The IDEA does not unambiguously impose individual liability on the employees of recipient entities. Indeed, the statutory obligations are imposed directly on the entities rather than on individuals. 20 U.S.C. § 1412(a). This interpretive rule, of course, is not directly applicable to statutory language that does not impose any substantive conditions or obligations on recipient entities that they “would not otherwise be required by law to observe.” Winkelman v. Parma City School District, — U.S.-,-, 127 S.Ct. 1994, 2006, 167 L.Ed.2d 904, 922 (2007). A legitimate argument could be made to the effect that the imposition of individual liability on the employees of recipient entities would not impose additional conditions or obligations on those entities, and that it would merely operate to expand the availability of remedies available to disabled children and their parents under the IDEA. Nevertheless, regardless of whether Arlington Central’s rule of construction compels the conclusion that there is no individual liability under the IDEA, the Supreme Court’s description of the IDEA as being in the nature of a contract between the Federal Government and States receiving IDEA funds informs the inquiry as to whether nonrecipients (i.e., employees of recipients) can be held liable under the statute. Federal courts are courts of limited jurisdiction. Lawrence Township Board of Education v. New Jersey, 417 F.3d 368, 371 (3d Cir.2005). It is for Congress, and not this Court, to create a private right of action to enforce federal law. “The judicial task is to interpret the statute Congress has passed to determine whether it displays an intent to create not just a private right but also a private remedy.” Alexander v. Sandoval, 532 U.S. 275, 286, 121 S.Ct. 1511, 1519, 149 L.Ed.2d 517, 528 (2001). There is no question that the IDEA provides both disabled students and their parents with private means of redress. Winkelman, 127 S.Ct. at 2002-2007, 167 L.Ed.2d at 918-923. It is the Court’s view, however, that the statutory scheme contemplates that such redress will be pursued against the recipients of federal funds rather than against individuals employed by those recipients. The detailed remedial scheme established by the IDEA, which the United States Court of Appeals for the Third Circuit recently found to preclude a complementary remedy under § 1983, precludes an implied private right of action against individuals for the same reason. Jersey City, 486 F.3d at 802-803. The Court expresses no opinion as to whether claims of the sort advanced in this case are cognizable under the IDEA, since the Defendants do not ask the Court to dismiss Count IV of the Amended Complaint, which asserts an IDEA claim against the District. Ortega v. Bibb County School District, 397 F.3d 1321, 1324-1326 (11th Cir.2005). At this point, it suffices to say that the IDEA’S remedial scheme is inconsistent with Taylor’s attempt to hold Adams, Myers and Ritchey individually liable for allegedly violating its provisions. The Defendants, of course, have only moved for dismissal of Counts I, II and III on the ground that Adams, Myers and Ritchey are entitled to qualified immunity. (Document No. 21, pp. 7-8, ¶¶ 19-24). Nevertheless, the question of whether individual liability exists under the IDEA is inextricably intertwined with the qualified immunity inquiry. Jersey City, 486 F.3d at 795 (“In fact, we cannot imagine a qualified immunity inquiry involving statutory rights that does not include an inquiry into the availability of relief and the existence of a cause of action along with an inquiry into the existence of the violation itself’). It is not clear why the Defendants did not question the availability of individual liability under the IDEA. Perhaps they construed all of the IDEA claims to be brought under § 1983, which was permissible under the law of the circuit at the time that they filed their Motion to Dismiss. Given the intervening holding in Jersey City that IDEA violations are not actionable under § 1983, coupled with the Court’s need to conduct a “threshold” inquiry into the availability of relief within the context of a qualified immunity determination, it is incumbent upon the Court to reach these issues. Having determined that the IDEA does not provide for individual liability, the Court will dismiss Counts I, II and III of the Amended Complaint. Moreover, the Court will dismiss Count XIII of the Amended Complaint, which is explicitly brought under § 1983, to the extent that it is based on alleged violations of the IDEA. B. The Rehabilitation Act Claims Counts V, VI and VII assert claims under the Rehabilitation Act against Adams, Myers and Ritchey. (Document No. 20-2, pp. 7-10, ¶¶ 121-142). In addition, Count XIII asserts claims under § 1983 against Adams, Myers, Ritchey and the District for alleged violations of the Rehabilitation Act. (Id., pp. 15-16, ¶¶ 178-182). In Jersey City, the United States Court of Appeals for the Third Circuit determined that violations of Section 504 of the Rehabilitation Act are not actionable under § 1983. Jersey City, 486 F.3d at 803-806. The Rehabilitation Act makes the “remedies, procedures and rights” set forth in Title VI of the Civil Rights Act of 1964 available to those whose rights thereunder are violated. 29 U.S.C. § 794a(a)(2). Title VI provides for the termination of federal funding if a covered entity fails to comply with its substantive provisions. 42 U.S.C. § 2000d-l. Although Title VI contains no express private right of action, the Supreme Court has found an implied right of action within it, which has been acknowledged by Congress in subsequent statutory amendments. Barnes v. Gorman, 536 U.S. 181, 185, 122 S.Ct. 2097, 2100, 153 L.Ed.2d 230, 236 (2002). Since Congress has incorporated Title Vi’s remedial scheme into the Rehabilitation Act, individuals have a private right of action under Section 504. Three Rivers Center for Independent Living, Inc. v. Housing Authority of Pittsburgh, 382 F.3d 412, 425-426 (3d Cir.2004). The Court of Appeals, in Jersey City, concluded that this remedial scheme was sufficiently comprehensive to preclude § 1983 liability for violations of Section 504. Jersey City, 486 F.3d at 803-806. Accordingly, the Court will dismiss Count XIII of Taylor’s Amended Complaint to the extent that it is based on § 1983 for violations of Section 504. Counts V, VI and VII are apparently brought directly under the Rehabilitation Act. (Document No. 20-2, pp. 7-10, ¶¶ 121-142). Section 504, in pertinent part, provides that “No otherwise qualified individual with a disability in the United States ... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance ...” 29 U.S.C. § 794(a). For purposes of the instant Motion to Dismiss, the parties do not dispute that Devin was a “qualified individual with a disability” and that the District received federal funding. Moreover, the question of whether Devin’s rights under the Rehabilitation Act were violated is not presently at issue. The Defendants’ sole basis for seeking the dismissal of Counts V, VI and VII is that individuals cannot be held liable for violations of the Rehabilitation Act. (Document No. 21, pp. 6-7, ¶¶ 14-18). Consequently, the Court’s analysis is limited to that issue. The United States Court of Appeals for the Third Circuit has stated, in general terms, that individual liability is not available under the Rehabilitation Act. Jersey City, 486 F.3d at 804 (“Suits may be brought pursuant to Section 504 against recipients of federal financial assistance, but not against individuals.”). Like the IDEA, the Rehabilitation Act is Spending Clause legislation, and it must be construed accordingly. Emerson v. Thiel College, 296 F.3d 184, 190 (3d Cir.2002) (“Because the individual defendants do not receive federal aid, Emerson does not state a claim against them under the Rehabilitation Act.”). Courts within this circuit have held that individuals cannot be held liable under the Rehabilitation Act. Hajzus v. Peters Township School District, 2007 WL 917082, at *2-3, 2007 U.S. Dist. LEXIS 20917, at *7 (W.D.Pa. March 23, 2007); Haylett v. Bohrer, 2006 WL 2372134, at *2, 2006 U.S. Dist. LEXIS 57463, at *6 (W.D.Pa. August 15, 2006); Zankel v. Temple University, 2006 WL 1083600, at *5, 2006 U.S. Dist. LEXIS 22473, at *21 (E.D.Pa. April 24, 2006); Arnold v. City of York, 340 F.Supp.2d 550, 554 (M.D.Pa.2004); Calloway v. Boro of Glassboro Department of Police, 89 F.Supp.2d 543, 557 (D.N.J.2000); Salisbury Township, 1999 WL 562753, at *4, 1999 U.S. Dist. LEXIS 11687, at *10-11; Fitzpatrick v. Pennsylvania, 40 F.Supp.2d 631, 636-638 (E.D.Pa.1999). Courts outside of this circuit have also held that there is no individual liability under the Rehabilitation Act. Lollar v. Baker, 196 F.3d 603, 608-609 (5th Cir.1999); Dukes v. Georgia, 428 F.Supp.2d 1298, 1322, n. 5 (N.D.Ga.2006); Dunion v. Thomas, 457 F.Supp.2d 119, 123 (D.Conn.2006); C.O. v. Portland Public Schools, 406 F.Supp.2d 1157, 1172 (D.Or.2005); Murphy v. Board of Education, 273 F.Supp.2d 292, 326 (W.D.N.Y.2003); Becker v. Oregon, 170 F.Supp.2d 1061, 1066-1068 (D.Or.2001); Menes v. CUNY University of New York, 92 F.Supp.2d 294, 306 (S.D.N.Y.2000); Bracey v. Buchanan, 55 F.Supp.2d 416, 420 (E.D.Va.1999). Taylor attempts to circumvent this long line of authority by calling the Court’s attention to the distinction between employment discrimination cases and public services (i.e., education) eases. (Document No. 24, pp. 4-5, ¶¶ 1-8). For this reason, a more extensive analysis is required. Since Taylor’s Amended Complaint alleges violations of Section 504, she is entitled to the “remedies, procedures, and rights” set forth in Title VI of the Civil Rights Act of 1964. 29 U.S.C. § 794a(a)(2). In support of her position, she relies on McCachren v. Blacklick Valley School District, 217 F.Supp.2d 594 (W.D.Pa.2002). (Document No. 24, p. 5, ¶¶ 5-7). In McCachren, the Court distinguished between employment discrimination cases and public services cases under the Rehabilitation Act, concluding that earlier decisions holding that the Rehabilitation Act did not provide for individual liability in employment discrimination cases were not persuasive with respect to public services cases. McCachren, 217 F.Supp.2d at 599-602. The Court based this distinction on the different remedies available in specific types of cases under the Rehabilitation Act. Id. Plaintiffs alleging that a form of employment discrimination violates the Rehabilitation Act proceed in accordance with the remedies contained in Title VII of the Civil Rights Act of 1964, while plaintiffs in other Section 504 actions proceed in accordance with the remedies contained in Title VI. 29 U.S.C. § 794a(a)(l)-(2). For this reason, in McCachren, the Court determined that the presumed unavailability of individual liability in employment discrimination cases under Title VII (which the Court acknowledged to be an open question in this circuit) did not necessitate a determination that there was no individual liability in other Section 504 cases, which are governed by Title VI. McCachren, 217 F.Supp.2d 594, 599-602. This Court is unpersuaded by the reasoning in McCachren. ‘The distinction between the remedies available under Title VII and those available under Title VI makes sense only if Title VI, unlike Title VII, provides for individual liability. McCachren did not address this issue at all, opting instead to deny the motion to dismiss because of a lack of authority on the issue. Id. at 602 (“Given the differences in statutory treatment of employment discrimination claims and other civil rights claims — and the complete lack [sic] relevant authority, as explained above— there is no basis for dismissing the Rehabilitation Act and ADA claims against the individual defendants.”). In this case, the Court will take the analysis one step further. Most courts presented with the question of whether individual liability exists under Title VI have answered that question in the negative. Shotz v. City of Plantation, 344 F.3d 1161, 1170-1172 (11th Cir.2003); Gomiller v. Dees, 2007 WL 1031359, at *3, 2007 U.S. Dist. LEXIS 23230, at *10-11 (N.D.Miss. March 28, 2007); Thompson v. Blount Memorial Hospital, Inc., 2006 WL 3098787, at *2-3, 2006 U.S. Dist. LEXIS 79216, at *6-8 (E.D.Tenn. October 30, 2006); Widmar v. City of Kansas City, 2006 WL 743171, at *2, 2006 U.S. Dist. LEXIS 26470, at *6 (W.D.Mo. March 20, 2006); Kelly v. Rice, 375 F.Supp.2d 203, 208-209 (S.D.N.Y.2005); Jackson v. University of New Haven, 228 F.Supp.2d 156, 158, n. 4 (D.Conn.2002); Jackson v. Waguespack, 2002 WL 31427316, at *2, 2002 U.S. Dist. LEXIS 20864, at *17 (E.D.La. October 25, 2002); Bayon v. State University of New York at Buffalo, 2001 WL 135817, at *2, 2001 U.S. Dist. LEXIS 1511, at *6-7 (W.D.N.Y. February 14, 2001); Powers v. CSX Transportation, Inc., 105 F.Supp.2d 1295, 1310-1312 (S.D.Ala.2000); Davis v. Flexman, 109 F.Supp.2d 776, 791-795 (S.D.Ohio 1999). In Emerson v. Thiel College, 296 F.3d 184, 190 (3d Cir.2002), the United States Court of Appeals for the Third Circuit noted that there is no individual liability under Title IX of the Educational Amendments of 1972, which is similar to Title VI. 20 U.S.C. § 1681(a); Smith v. Metropolitan School District, 128 F.3d 1014, 1018-1019 (7th Cir.1997). The Court of Appeals also focused on the language contained in Section 504, which specifically defines the words “program or activity.” Emerson, 296 F.3d at 190. This Court will do likewise. Section 504 provides that “No otherwise qualified individual with a disability in the United States ... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance ...” 29 U.S.C. § 794(a), The statute defines the term “program or activity” as follows: (b) “Program or activity” defined. For purposes of this section, the term “program or activity” means all of the operations of— (1)(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or (B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extendéd, in the case of assistance to a State or local government; (2)(A) a college, university, or other postsecondary institution, or a public system of higher education; or (B) a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. § 7801]), system of vocational education, or other school system; (3) (A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship— (i) if assistance is extended to such corporation, partnership, private organization, -or sole proprietorship as a whole; or (ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3); any part of which is extended Federal financial assistance. 29 U.S.C. § 794(b). This statutory language cannot reasonably be construed to include individuals such as Adams, Myers and Ritchey. Davis, 109 F.Supp.2d at 791-795. In Emerson, the Court of Appeals explained that “Section 504 applies to federal financial assistance recipients.” Emerson, 296 F.3d at 190 (emphasis added). It is the District, and not the individual defendants, which receives federal financial assistance. Consequently, Adams, Myers and Ritchey cannot be held personally liable under the Rehabilitation Act. Id. (“It is undisputed that Thiel is the recipient of federal financial assistance. Because the individual defendants do not receive federal aid, Emerson does not state a claim against them under the Rehabilitation Act.”). While both Taylor and McCachren identify a distinction between employment discrimination cases and educational cases such as this, neither explains why this distinction should make a difference with respect to individual liability under Section 504. (Document No. 24, pp. 4-5, ¶¶ 1-8); McCachren, 217 F.Supp.2d at 599-602. Since the relevant statutory language and governing precedents indicate that the distinction identified by Taylor is a distinction without a difference for purposes of individual liability under Section 504, the Court will grant the Defendants’ Motion to Dismiss with respect to Counts V, VI and VII of the Amended Complaint. (Document No. 20-2, pp. 7-10, ¶¶ 121-142). Count XIII will also be dismissed to the extent that it is brought under § 1983 for violations of the Rehabilitation Act. (Id., pp. 15-16, ¶¶ 178-182). C. The Americans with Disabilities Act (ADA) Claims Counts IX, X and XI of the Amended Complaint allege that Adams, Myers and Ritchey violated Title II of the ADA. (Document No. 20-2, pp. 11-14, ¶¶ 150-170). The Defendants move for the dismissal of these counts on the ground that individuals cannot be held liable under the ADA. (Document No. 21, pp. 4-6, ¶¶ 8-13). Relying on McCachren, Taylor argues that individuals can be held liable under Title II of the ADA. (Document No. 24, pp. 3-4, ¶¶ 1-9). Title II defines the term “public entity” to include, inter alia, “any State or local government^]” as well as “any department, agency, special purpose district, or other instrumentality of a State or States or local government]].]” 42 U.S.C. § 12131(1)(A)-(B). The parties do not dispute that the District is a “public entity” for purposes of Title II. The term “qualified individual with a disability” is defined in Title II as “an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.” 42 U.S.C. § 12131(2). The parties do not dispute that Devin was a “qualified individual with a disability” under Title II. The substantive provision of Title II provides: § 12132. Discrimination Subject to the provisions of this title,.no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 42 U.S.C. § 12132. Individuals alleging discrimination on the basis of disability under Title II may invoke the “remedies, procedures, and rights” set forth in Section 505 of the Rehabilitation Act. 42 U.S.C. § 12133. Given that this is not an employment discrimination case, the applicable remedial scheme under Section 505 is that contained in Title VI of the Civil Rights Act of 1964. 29 U.S.C. § 794a(a)(2). As noted earlier, there is no individual liability under Title VI. Shotz, 344 F.3d at 1170-1172. Consequently, Taylor cann'ot rely on the ADA’s incorporation of Title VI to hold Adams, Myers and Ritchey individually liable under Title II. Moreover, the statutory definition of the term “public entity” cannot reasonably be construed to include individuals such as Adams, Myers and Ritchey. 42 U.S.C. § 12131(1)(A)-(C). Title II’s substantive prohibition, of course, provides that no person such as Devin “shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. ” 42 U.S.C. § 12132 (emphasis added). Even if one assumes that discrimination by an individual employed by a public entity can sometimes constitute discrimination by the public entity itself, it does not follow that the individual (as opposed to the public entity) is liable for the violation. Indeed, most of the courts in this circuit presented with this question have concluded that there is no individual liability under Title II. Arnold v. City of York, 2004 WL 2331781, at *7, 2004 U.S. Dist. LEXIS 21386, at *20 (M.D.Pa. June 28, 2004); Wesley v. Vaughn, 2003 WL 1493375, at *4, 2003 U.S. Dist. LEXIS 4434, at *21 (E.D.Pa. March 19, 2003); Schorr v. Borough of Lemoyne, 2002 U.S. Dist. LEXIS 25668, at *15 (M.D.Pa. December 27, 2002); Doe v. Division of Youth & Family Services, 148 F.Supp.2d 462, 489 (D.N.J.2001); Yeskey v. Pennsylvania Department of Corrections, 76 F.Supp.2d 572, 574-575 (M.D.Pa.1999). Several courts outside of this circuit have also held that no individual liability exists under Title II. Garcia v. S.U.N.Y. Health Sciences Center of Brooklyn, 280 F.3d 98, 107 (2d Cir.2001); Alsbrook v. City of Maumelle, 184 F.3d 999, 1005, n. 8 (8th Cir.1999); Fox v. State University of New York, 2007 WL 2193925, at * 3, 2007 U.S. Dist. LEXIS 56924, at *7-8 (E.D.N.Y. July 23, 2007); Hay v. Vance, 2007 WL 1460814, at *2, 2007 U.S. Dist. LEXIS 35996, at *6-7 (E.D.Mo. May 16, 2007); McElroy v. Department of Corrections, 2007 WL 1345334, at *4, 2007 U.S. Dist. LEXIS 37279, at *8-12 (E.D.Cal. May 8, 2007); Shebby v. Adams, 2007 WL 1302744, at *8, 2007 U.S. Dist. LEXIS 32290, at *23-24 (E.D.Cal. May 2, 2007); Delplato v. Meyerhoff, 2007 WL 542009, at *1, 2007 U.S. Dist. LEXIS 11248, at *3-4 (W.D.N.Y. February 16, 2007); Ross v. Knight, 2006 WL 3626372, at *5, 2006 U.S. Dist. LEXIS 89794, at *13-14 (S.D.Ind. December 8, 2006); Dunion v. Thomas, 457 F.Supp.2d 119, 123 (D.Conn.2006); Marshall v. Green County, 2006 WL 335829, at *4, 2006 U.S. Dist. LEXIS 5671, at *12-13 (W.D.Ky. February 13, 2006); Carrasquillo v. City of New York, 324 F.Supp.2d 428, 441-442 (S.D.N.Y.2004); Diggs v. Town of Manchester, 303 F.Supp.2d 163, 175 (D.Conn.2004); Volder v. City of Grand Forks, 217 F.R.D. 491, 494 (D.N.D.2003); Bostick v. Elders, 2003 WL 1193028, at *1, 2003 U.S. Dist. LEXIS 394, at *4-5 (N.D.Tex. January 10, 2003); Doe v. Barger, 193 F.Supp.2d 1112, 1116 (E.D.Ark.2002); Georgetown v. Tran, 2002 U.S. Dist. LEXIS 8146, at *19-20 (E.D.La. January 11, 2002); Key v. Grayson, 163 F.Supp.2d 697, 714-715 (E.D.Mich.2001); Becker v. Oregon, 170 F.Supp.2d 1061, 1066 (D.Or.2001); Bayon v. State University of New York at Buffalo, 2001 WL 135817, at *2, 2001 U.S. Dist. LEXIS 1511, at *5-6 (W.D.N.Y. February 14, 2001); Passanante v. R.Y. Management Co., Inc., 2001 WL 123858, at *4, 2001 U.S. Dist. LEXIS 1205, at *12-13 (S.D.N.Y. February 9, 2001); Berthelot v. Stadler, 2000 WL 1568224, at *2, 2000 U.S. Dist. LEXIS 15615, at *6-9 (E.D.La. October 18, 2000); Thomas v. Nakatani, 128 F.Supp.2d 684, 691-693 (D.Haw.2000); Shariff v. Artuz, 2000 WL 1219381, at *5, 2000 U.S. Dist. LEXIS 12248, at *15-16 (S.D.N.Y. August 24, 2000); Hallett v. New York State Department of Correctional Services, 109 F.Supp.2d 190, 199-200 (S.D.N.Y.2000); Nucifora v. Bridgeport Board of Education, 2000 WL 887650, at *2, 2000 U.S. Dist. LEXIS 9127, at *5-6 (D.Conn. May 23, 2000); Montez v. Romer, 32 F.Supp.2d 1235, 1240-1241 (D.Colo.1999); Smith v. University of New York, 1997 WL 800882, at *6-8, 1997 U.S. Dist. LEXIS 20782, at *19-25 (W.D.N.Y. December 30, 1997). In an attempt to refute this long line of persuasive authority, Taylor relies on McCachren for the proposition that individual liability exists under Title II of the ADA. (Document No. 24, pp. 3-4, ¶¶ 5-7). As noted earlier, however, this Court finds the reasoning in McCachren to be unpersuasive. Taylor contends that McCachren held that “discrimination claims brought pursuant to Title II of the ADA allow for individual liability.” (Document No. 24, p. 3, ¶ 5). The Court is not even convinced that McCachren went that far. It appears that McCachren declined to make a determination one way or the other because of a perceived lack of authority on this issue. McCachren, 217 F.Supp.2d at 602 (“Given the differences in statutory treatment of employment discrimination claims and other civil rights claims — and the complete lack [of] relevant authority, as explained above — there is no basis for dismissing the Rehabilitation Act and ADA claims against the individual defendants.”). The problem with Taylor’s argument is that it begs the question. Although she argues that Title II is, different from Title I, she makes no attempt to explain why this difference calls for a different result with respect to individual liability. (Document No.. 24, pp. 3-4, ¶¶ 1-9). The Defendants rely on Emerson for the proposition that there is no individual liability under the ADA. (Document No. 21, p. 5, ¶¶ 11-12). Taylor attempts to distinguish Emerson on the ground that it involved a construction of Title III of the ADA, while this case involves a construction of Title II. (Document No. 24, p. 3, ¶ 3). Given the statutory language of Title III, however, it is difficult to fathom how Taylor believes that the difference between Title II and Title III helps her argument more than it hurts it. The applicable statutory language in Title III provides: § 12182. Prohibition of discrimination by public accommodations (a) General rule. No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. 42 U.S.C. § 12182 (emphasis added). Unlike Title II’s provisions, Title Ill’s substantive prohibition applies to any person who owns, leases or operates a place of public accommodation. Title II only prohibits discrimination by a public entity. 42 U.S.C. § 12132. The difference in statutory language indicates that the availability of individual liability under Title II is actually less likely than the availability of individual liability under Title III. 42 U.S.C. § 12132 (“... or be subjected to discrimination by any such entity.”) (emphasis added); 42 U.S.C. § 12182 (“... by any person who owns, leases (or leases to), or operates a place of public accommodation.”) (emphasis added). In Emerson, the Court of Appeals indicated that individual liability was available under Title III in certain instances. Emerson, 296 F.3d at 189 (“Thus, the individual college defendants and Brown may be liable under Title III if they own, lease or operate Thiel, a place of public accommodation.”). Individual liability was lacking in that case only because the particular defendants did not fall within the sweep of Title Ill’s statutory language. Id. (“Applying these definitions, we hold that the individual college defendants and Brown do not operate Thiel and thus are not subject to individual liability under Title III of the ADA.”). If anything, Emerson indicates that the distinction between Title II and Title III, upon which Taylor purports to rely, only serves to reinforce the rationale of the courts which have determined that there is no individual liability under Title II. Ae-cordingly, the Court will grant the Defendants’ Motion to Dismiss with respect to Counts IX, X and XI of the Amended Complaint. Title II does not provide for individual liability, and Taylor cannot proceed thereunder against Adams, Myers and Ritchey in their personal capacities. The unavailability of individual liability directly under Title II, of course, is not dispositive of Count XIII. In Count XIII, Taylor attempts to sue the Defendants under § 1983 for violating the ADA. (Document No. 20-2, pp. 15-16, ¶¶ 178-182). Most of the courts presented with such a claim have concluded that § 1983 may not be used to remedy violations of the ADA, which contains its own remedial scheme. Vinson v. Thomas, 288 F.3d 1145, 1155-1156 (9th Cir.2002); Pona v. Cecil Whittaker’s, Inc., 155 F.3d 1034, 1037-1038 (8th Cir.1998); Holbrook v. City of Alpharetta, 112 F.3d 1522, 1530-1531 (11th Cir.1997); Davis v. Francis Howell School District, 104 F.3d 204, 206 (8th Cir.1997); Metzgar v. Lehigh Valley Housing Authority, 1999 WL 562756, at *3-5, 1999 U.S. Dist. LEXIS 11908, at *10-15 (E.D.Pa. July 27, 1999); Vicenty-Martell v. Estado Libre Asociado De Puerto Rico, 48 F.Supp.2d 81, 89-91 (D.P.R.1999); Kagan v. Nevada, 35 F.Supp.2d 771, 772-773 (D.Nev.1999); Houck v. City of Prairie Village, 978 F.Supp. 1397, 1404-1405 (D.Kan.1997); Krocka v. Bransfield, 969 F.Supp. 1073, 1089-1090 (N.D.Ill.1997). Nevertheless, in P.N. v. Greco, 282 F.Supp.2d 221, 242-244 (D.N.J.2003), the United States District Court for the District of New Jersey concluded that the ADA’s remedial scheme was not sufficiently comprehensive to preclude § 1983 liability for violations of that statute. That decision, however, was issued prior to the decision of the United States Supreme Court in City of Rancho Palos Verdes v. Abrams, 544 U.S. 113, 125 S.Ct. 1453, 161 L.Ed.2d 316 (2005). In Rancho Palos Verdes, the Supreme Court explained the analytical framework needed to determine whether a federal statutory violation is actionable under § 1983. Section 1983, after all, permits the enforcement of rights, not the broader categ