Memorandum Opinion and Order

Pending before the court are the motion for partial summary judgment of the plaintiffs [Docket 73], the motion for summary judgment of defendants Dr. David Stewart and the West Virginia Department of Education [Docket 71], and the motion for summary judgment of defendants Paul Nusbaum and the West Virginia Department of Health and Human Resource [Docket 75].  For the reasons stated herein, the court GRANTS the defendants’ motions for summary judgment and DENIES the plaintiffs’ motion for partial summary judgment.