R.H. v. Plano Independent School District
United States Court of Appeals for the Fifth Circuit
607 F.3d 1003 (2010)
- Written by Jody Stuart, JD
Facts
The Plano Independent School District (Plano) (defendant) developed an individualized education plan (IEP) for R.H. (plaintiff) because of R.H.’s suspected autism and a speech impairment. The IEP placed R.H. at Beaty Early Childhood School (Beaty), a public preschool, in a special-education class. At Beaty, R.H. also received supplemental services, including speech-therapy sessions. Out of concern for R.H.’s progress, R.H.’s parents withdrew R.H. from Beaty and enrolled him at TLC, a private preschool with fully mainstreamed—i.e., regular—classes. TLC did not have a speech therapist on staff. R.H., through his parents, requested a due-process hearing to obtain reimbursement for TLC’s tuition costs. R.H. alleged that Plano had failed to place him in the least restrictive environment for his education, in violation of the Individuals with Disabilities Education Act (act). At the due-process hearing, Susie Vaughn, the principal at Beaty, testified that because of the needs identified in R.H.’s IEP, including a low staff-to-student ratio, a special-education teacher with knowledge of autism, and regular collaboration with a speech therapist, Plano could not be confident that the IEP could be implemented in a regular private-school setting without Plano’s direct supervision. Vaughn further testified that Plano had considered whether R.H.’s IEP could be implemented in a regular private-school setting but had not recommended that school setting. The hearing officer found that Plano had considered placing R.H. in a fully mainstreamed environment but rejected that option. The hearing officer found in favor of Plano. R.H. sued Plano in federal district court. The district court affirmed the hearing officer’s ruling. R.H. appealed.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
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