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L.H. v. HAMILTON COUNTY DEPT. OF EDUC.

Nos. 17-5989 18-5086.

900 F.3d 779 (2018)

L.H., a minor student; G.H.; D.H., Plaintiffs-Appellees/Cross-Appellants, v. HAMILTON COUNTY DEPARTMENT OF EDUCATION, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 20, 2018.

Attorney(s) appearing for the Case

COUNSEL ARGUED: D. Scott Bennett , Leitner, Williams, Dooley & Napolitan, PLLC, Chattanooga, Tennessee, for Appellant/Cross-Appellee. Justin S. Gilbert , Gilbert McWherter Scott & Bobbitt, PLC, Chattanooga, Tennessee, for Appellees/Cross-Appellants. ON BRIEF: D. Scott Bennett , Mary C. DeCamp , Leitner, Williams, Dooley & Napolitan, PLLC, Chattanooga, Tennessee, for Appellant/Cross-Appellee. Justin S. Gilbert , Gilbert McWherter Scott & Bobbitt, PLC, Chattanooga, Tennessee, for Appellees/Cross-Appellants. Roy H. Henley , Thrun Law Firm, P.C., East Lansing, Michigan, Francisco M. Negrón, Jr. , National School Boards Association, Alexandria, Virginia, Judith A. Gran , Reisman Carolla Gran LLP, Haddonfield, New Jersey, for Amici Curiae.

Before: GUY, BATCHELDER, and BUSH, Circuit Judges.

OPINION

When a school district decided to move a disabled child from a "mainstreamed" classroom with non-disabled children to a segregated classroom solely for children with disabilities, the child's parents opposed that decision, removed the child to a private school, and sought relief under the Individuals...

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