Parents Prevail! L.H. v. Hamilton
Coming Soon! Legal Developments & Cases 2018

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In This Issue ...

ISSN: 1538-320
May 31, 2019

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Parents prevail in Sixth Circuit decision about Mainstreaming/Inclusion (LRE), FAPE, and parental rights.

2018 Wrightslaw Case of the Year, L.H. v. Hamilton County, is a powerful Mainstreaming/Inclusion case that attorneys will rely upon for many years.

Cases of the Year are “must reads” for special education attorneys, advocates, and others who are interested in special education law.

The 6th Circuit decision in L.H. v. Hamilton describes the school district's arguments as worrisome and bizarre and others as disingenuous and without merit.

The Court found that -

This is really an argument against ‘mainstreaming’ as a concept, because [the district] believes it is impossible, impracticable, or counterproductive.

...if it is truly [the district's] view, then it is worrisome and inadvertently supports ... that the teachers and staff reject mainstreaming because they don’t understand it, don’t believe in it, and need training on why it is valuable and how to do it.

In this issue of the Special Ed Advocate you will find the Wrightslaw Case of the Year for 2018, L.H. v. Hamilton County Department of Ed, a powerful pro-parent decision. Get notice of the new Year in Review book coming soon, Wrightslaw: Special Education Legal Developments and Cases 2018.

We hope you will forward this issue to other friends, families, or colleagues.

Mainstreaming (LRE), FAPE, Tuition Reimbursement

Luke is a child with Down Syndrome. He is a sociable, likeable child. Yet school staff had low expectations for Luke, segregated him in the back of class before they placed him, over his parents’ clearly expressed objections, in a self-contained classroom in another school.

The Court held that the school violated the procedural requirement of IDEA, was unable to design an IEP to meet Luke’s needs, and therefore denied FAPE.

Judge Batchelder's opinion was passionate. The decision had much to say about the obliviousness of school staff who refused to develop an IEP that included Luke because they didn’t believe mainstreaming could work.

“We conclude that the educational program at TMS satisfied the IDEA and, therefore, LH’s parents were entitled to reimbursement. The district court erred in holding otherwise."

In Wrightslaw: Special Education Legal Developments & Cases 2018, you will learn how much the court ordered the school district to pay.

Coming Soon!
Wrightslaw: Special Education Legal Developments & Cases 2018

Special Education Legal Developments and Cases 2018 will include:

  • All decisions in IDEA cases by Courts of Appeals in 2018.
  • Table of 2018 Special Education Decisions with date, court, description of issues, outcome.
  • Comprehensive description of each 2018 Decision, including prevailing party
  • 2018 Wrightslaw Case of the Year, L.H. v. Hamilton County Department of Education.

The search feature will make it easy for you to find relevant information about issues and cases.

Cases in the Table of Special Education Decisions are hyperlinked to Case Descriptions / Summaries.

Be in a stronger position to understand the evolution of special education legal issues. Get a clearer sense about unwritten factors affecting case decisions and learn how the law is evolving in your Circuit.

Stay up-to-date on exciting new developments in special education law. Learn about trends and emerging issues in special education law. Complete your collection with the annual wrap up and review in the Year in Review Series.


Coming soon to the Wrightslaw Store!

Immediate download $19.95.


When the book goes to the printer, we will send you an announcement and a special pre-publication offer. Please check your email box for updates about this new book -- it's a winner!

What People Are Saying About the Year in Review Series

I've highlighted so many important points I can use for my child's situation that have helped me, that I honestly don't know how parents with children with special needs can operate without this book!

The book gets updated every year on new cases. I can't wait to see what cases in the next book I can cross reference for next year. I am so grateful for Pete Wright sharing his wealth of information in these books!

Great Products From Wrightslaw

Wrightslaw: Special Education Legal Developments and Cases 2017, by Pam and Pete Wright
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Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
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Wrightslaw: All About IEPs
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Wrightslaw: All About Tests and Assessments, 2nd Edition
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Surviving Due Process: Stephen Jeffers v. School Board
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