Ms. H v. Montgomery County Board of Education
|Montgomery County Board of Education
|March 18, 2010
|US District Court for the Middle District of Alabama
|W. Harold Albritton
|W. Harold Albritton
|Susan Russ Walker
|Nature of Suit:
|Civil Rights: Other
|Cause of Action:
|20 U.S.C. § 1400 Civil Rights of Handicapped Child
|Jury Demanded By:
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|February 14, 2011
MEMORANDUM OPINION AND ORDER; that the Board's Motion for Summary Judgment, or in the Alternative, Motion for Judgment on the Pleadings 31 is GRANTED IN PART and DENIED IN PART, and Ms. H's Motion for Summary Judgment, or in the Alternati ve, For Judgment on the Pleadings 27 is DENIED. Specifically, 1. The Board is granted judgment on the record on the issue of whether T.H. was denied a FAPE due to the hearing officer's failure to find that T.H. had an Other Health Impairment or Specific Learning Disability under IDEA; 2. The Board is granted judgment on the record on the issue of whether Ms. H is entitled to reimbursement for independent educational evaluations conducted by Goff and Promer; 3. The court will not consider the Board's argument that the hearing officer erred with respect to the child-find issue, as that issue is not properly before this court; 4. The case will proceed with respect to Ms. H's § 504 claim and request for attorney's fees claim; and 5. The Parties' Motions are DENIED AS MOOT to the extent that they request a judgment on the pleadings. Signed by Honorable W. Harold Albritton, III on 2/14/2011. (Attachments: # 1 Civil Appeals Checklist)(jg, )
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