H. et al v. Rutherford County Schools

Filing 93

ORDER: The Report and Recommendation (Doc. No. 82) is APPROVED and ADOPTED, and the Objections thereto (Doc. Nos. 87, 88) are OVERRULED. Rutherford County Schools' Motion to Dismiss (Doc. No. 70) is DENIED. Plaintiffs' Motion for Judgm ent on the Record (Doc. No. 68) is GRANTED IN PART and DENIED IN PART. The Motion for Judgment is DENIED insofar as Plaintiffs request that S.H. be placed in the Kings' Daughter's School at the expense of Rutherford County. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/26/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
S.H., P.H., and R.H.,

)
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Plaintiffs,
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v.
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RUTHERFORD COUNTY SCHOOLS, )
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Defendant.
)

No. 3:15-cv-0809
Chief Judge Crenshaw

ORDER
For the reasons stated in the accompanying Memorandum Opinion, the Court hereby rules
as follows:
(1) The Report and Recommendation (Doc. No. 82) is APPROVED and ADOPTED, and
the Objections thereto (Doc. Nos. 87, 88) are OVERRULED;
(2) Rutherford County Schools’ Motion to Dismiss (Doc. No. 70) is DENIED;
(3) Plaintiffs’ Motion for Judgment on the Record (Doc. No. 68) is GRANTED IN PART
and DENIED IN PART. The Motion is GRANTED insofar as Rutherford County Schools
SHALL provide S.H. a Free and Appropriate Public Education, and SHALL:
(a) PROVIDE FORMAL TRAINING for Rutherford County Schools staff
members who work with S.H. about best educational practices for students with
Prader-Willi Syndrome;
(b) MEET with Plaintiffs and develop a mutually agreeable Individualized
Education Plan and Behavior Improvement Plan for S.H.; and
(3) REIMBURSE Plaintiffs for their attorney’s fees.
The Motion for Judgment is DENIED insofar as Plaintiffs request that S.H. be placed in the Kings’

Daughter’s School at the expense of Rutherford County;
(4) Counsel SHALL personally meet and confer in an effort to agree upon a reasonable
attorney’s fees for work performed in this case. In the absence of an agreement, Plaintiffs SHALL
file any Motion for Attorney’s Fees within fourteen (14) days from (a) the deadline for filing an
appeal if none if taken; (b) the issuance of a Mandate from the Court of Appeals; or (c) other
disposition of the appeal, whichever is later. Any Motion for Attorney’s Fees is REFERRED to
Magistrate Judge Frensley for initial consideration.
The Clerk of the Court shall enter a Final Judgment in accordance with Rule 58 of the
Federal Rules of Civil Procedure.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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