R.H. v. PLANO INDEPENDENT SCHOOL DIST.

No. 09-40369.

607 F.3d 1003 (2010)

R.H., Unidentified Party, by His Parents and Next Friends; Emily H., Unidentified Party; and Matthew H., Unidentified Party, Plaintiffs-Appellants, v. PLANO INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 27, 2010.


Attorney(s) appearing for the Case

Stacy Lee Zoern (argued), Kurt Matthew Sauer, Daffer McDaniel, L.L.P., Austin, TX, for Plaintiffs-Appellants.

Joe Ruben Tanguma, II (argued), Nona C. Matthews, Walsh, Anderson, Brown, Aldridge & Gallegos, P.C., Irving, TX, for Defendant-Appellee.

Before JONES, Chief Judge, and SMITH and ELROD, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

R.H., a minor, appeals the denial of tuition reimbursement for private preschooling under the Individuals with Disabilities Education Act ("IDEA"). We affirm.

I. The IDEA.

Congress enacted the IDEA to ensure that children with disabilities will have access to public education, including special education and related services. See 20 U.S.C. § 1400(d)(1)(A); Daniel...

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