Filed: Sep. 26, 2018
Latest Update: Sep. 26, 2018
Summary: ORDER WAVERLY D. CRENSHAW, JR. , Chief District Judge . 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
Summary: ORDER WAVERLY D. CRENSHAW, JR. , Chief District Judge . 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 ..
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ORDER
WAVERLY D. CRENSHAW, JR., Chief District Judge.
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.
