Opinion
3:20-cv-1088
03-30-2022
ORDER
WAVERLY C. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE
For the reasons set forth in the accompanying Memorandum Opinion, the Court rules:
(1) The Report and Recommendation (“R&R”) (Doc. No. 47) is ACCEPTED IN PART and DENIED IN PART as follows:
(A) The R&R is ACCEPTED insofar as it found that Rutherford County Schools (RRCS”) did not violate the interpreter provisions of 30 C.F.R. § 300.321(a)(5);
(B) The R&R is REJECTED insofar as it found (i) RCS predetermined Language! to be C.M.'s reading program, and his accommodations; and (ii) RCS failed to provide relevant data;
(2) The parties' cross Motions for Judgment on the Administrative Record (Doc. No. 29, 32) are GRANTED IN PART and REJECTED IN PART, consistent with the foregoing rulings on the R&R. With this ruling, the Clerk shall term both motions as pending, but that termination is WITHOUT PREJUDICE to either party file a renewed motion should mediation prove unsuccessful;
(3) The parties shall mediate the issues of whether RCS violated the IDEA by failing to develop an IEP that adequately accommodated CM.'s needs, and/or by unevenly and insufficiently implementing the Language! program in relation to his seventh grade year; and
(4) The Court will hold a status conference on April 12, 2022, at 9:00 a.m. to set a timetable for mediation, to schedule supplemental briefing, and to schedule a hearing, should one become necessary.
IT IS SO ORDERED.