Opinion
3:20-cv-1088
03-30-2022
C.M., the Student, and B.M. and Ca.M., the Student's Parents, Plaintiffs, v. RUTHERFORD COUNTY SCHOOLS. Defendant.
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.