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SPRING BRANCH INDEPENDENT SCHOOL v. O.W. BY HANNAH

No. 18-20274.

938 F.3d 695 (2019)

SPRING BRANCH INDEPENDENT SCHOOL DISTRICT, Plaintiff-Appellant, v. O.W., BY NEXT FRIEND HANNAH W., Defendant-Appellee Hannah W., as Parent/Guardians/Next Friends of O.W., an Individual with a Disability; Daniel W., as Parents/Guardians/Next Friends of O.W., an Individual with a Disability; O.W., Plaintiffs-Appellees, v. Spring Branch Independent School District, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed September 16, 2019.

Attorney(s) appearing for the Case

Amy C. Tucker , Jonathan Griffin Brush , Rogers, Morris & Grover, L.L.P., Houston, TX, for Plaintiff - Appellant.

Sonja D. Kerr, Esq. , Connell , Michael Kerr, L.L.P., Austin, TX, Dorene J. Philpot , Philpot Laiv Office, P.C., Galveston, TX, for Defendant - Appellee and Plaintiffs - Appellees.

Cristina Torres , Attorney, Marc Daniel Katz, DLA Piper, L.L.P. (US), Dallas, TX, for Amicus Curiae DISABILITY RIGHTS TEXAS.

Selene Ann Almazan-Altobelli , Council of Parent Attorneys & Advocates, Incorporated, Towson, MD, Cristina Torres , Attorney, Marc Daniel Katz, DLA Piper, L.L.P. (US), Dallas, TX, for Amicus Curiae COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INCORPORATED.

Before HIGGINSON and WILLETT, Circuit Judges, and BROWN, District Judge.

After years of private schooling, O.W., a minor, enrolled in the fifth grade in the Spring Branch Independent School District for the 2014-2015 academic year. From his first day of school, O.W. struggled behaviorally and, despite having a history of mental illness, was not...

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