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Sumter County School District Case Essay

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Sumter County School District 17 Plaintiff-Appellant, v. Joseph Heffernann, on behalf of his son TH; May Baire, on behalf of her son TH Defendants-Appellees. United States Court of Appeals for the Fourth Circuit. (No. 09-1921)

Topic:
Whether Sumter County School District failed to provide a Free Appropriate Public Education to TH, as well as whether TH’s program provided at his home was appropriately considered a Least Restrictive Environment.

Relief Sought:
Sumter County School District 17 is a public school district in South Carolina. T.H. is a student who qualifies for services under the Individuals with Disabilities Education Act. Sumter County School is appealing the decision of the lower district court, who found that the school district did not provide TH with a Free Appropriate Public Education. The school is also appealing the district court’s findings, which verified that T.H’.s current placement at home was appropriate. The school argues that the home placement of T.H. was not the Least Restrictive Environment. The school district’s appeal further contends that they at least in part provided a FAPE for T.H. because he was making some educational gains during the time in question even though the school was not providing the amount of service indicated in T.H.’s Individualized Education Plan. The school also asserts that they remedied internal problems and were able to provide the full range of time and services require through T.H.’s IEP.

Issue:
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