H.W. v. COMAL INDEPENDENT SCHOOL DISTRICT

No. 21-50838.

32 F.4th 454 (2022)

H.W., BY AND THROUGH her next friend, JENNIE W, Plaintiff-Appellant, v. COMAL INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED April 27, 2022.


Attorney(s) appearing for the Case

Mark S. Whitburn , Whitburn & Pevsner, P.L.L.C., Arlington, TX, for Plaintiff-Appellant.

Andrew Tatgenhorst , Attorney, Thompson & Horton, L.L.P., Austin, TX, Patrick Grubel , Thompson & Horton, L.L.P., Austin, TX, for Defendant-Appellee.

Before Stewart, Clement, and Elrod, Circuit Judges.


H.W. is an elementary school student in the Comal Independent School District (the District). Over the past few years, she has received a variety of special education supports and services because of her disabilities. In March 2020, the District found that despite the accommodations it offered her, H.W. was not...

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