This appeal concerns a petition to terminate the parental rights of a mother and a putative father. The trial court found by clear and convincing evidence that several grounds for termination had been proven and that termination was in the best interest of the children. The mother and putative father appeal. On appeal, the Department of Children’s Services (DCS) concedes some of the grounds that the trial court concluded were established. However, DCS maintains that five grounds for termination were sufficiently proven against the mother and that three grounds along with the putative father grounds were sufficiently proven against the father. We conclude that these remaining grounds for termination were sufficiently proven, and we conclude that termination was in the best interest of the children. We reverse in part, with respect to one ground for termination of mother’s parental rights and three grounds for termination of the putative father’s parental rights, but otherwise we affirm the trial court’s order terminating parental rights.

SUTTON, Chief Judge. In accordance with the Individuals with Disabilities Education Act, the Kenton County School District developed an individualized education plan to meet the learning needs of high school student Jeremy Holland. Under the plan, special education teachers accompanied Jeremy to several of his classes and offered him behavioral instruction at the end of the school day. This approach worked until Jeremy’s senior year. At that point, the family enrolled him as a full-time student at the local community college and claimed that the Act required the school district to provide the same support and other special education services there. At issue is whether the Act imposes this obligation on the school district. We hold that it does not.

SUTTON, Chief Judge. Before us are two questions: Did the chairman of the Federal Energy Regulatory Commission (FERC) exceed his authority in moving for a remand of a ratemaking challenge without the support of any other members of the commission? If not, did the commission’s underlying ratemaking decisions sink to the level of arbitrary and capricious agency action? As to the first question, the commissioner exceeded his administrative authority. We accordingly remand the matter to the agency in the first instance to determine what, if anything, can or should be done about this ultra vires action. Once the agency has had the opportunity to resolve that point, any interested party may renew the petition for review of the second question.

LARSEN, Circuit Judge. Kejuan Pharrell Carter pleaded guilty to distributing methamphetamine and was sentenced to 108 months’ imprisonment. Carter challenges the procedural reasonableness of that sentence, arguing that the district court failed to address his policy argument for a downward variance from the advisory Sentencing Guidelines range. Carter is not entitled to relief because he either waived his right to bring this challenge or invited the alleged error, and no manifest injustice will result from declining to consider his challenge. We affirm.

Following a bench trial, the trial court found the Defendant, William James Andrews, guilty of two counts of vehicular homicide by intoxication, two counts of vehicular homicide by recklessness, two counts of reckless aggravated assault resulting in death and two counts of vehicular homicide with a prior DUI conviction. The trial court imposed an agreed-upon 20 year sentence in the Tennessee Department of Correction. On appeal, the Defendant challenges the trial court’s denial of his motion to suppress evidence of drugs in his blood, contending that he did not give consent for a blood draw. After review, we affirm the trial court’s judgments.

SUTTON, Chief Judge. As a cooperative federalism program, the Individuals with Disabilities Education Act offers federal funds to participating states in return for providing a “free appropriate public education” to students with disabilities in preschool, elementary school and secondary school. A high school student and his parents contend that the Act’s guarantees extend to students enrolled full-time at Kentucky’s Craft Academy for Excellence in Science and Mathematics. Located on the campus of Morehead State University, Craft provides an education in a residential environment with undergraduates and offers classes eligible for high school and college credit. The district court concluded that the Act does not apply to Craft because the dual-credit classes amounted to a postsecondary rather than secondary school education. We affirm.

The Supreme Court recently agreed to review a ruling by a federal appeals court that would significantly restrict (but not eliminate altogether) access to a drug used in medication abortions, which account for over half of all abortions performed in the United States, reports SCOTUSblog. The justices declined to take up an appeal by the challengers in the case, a group of doctors and medical groups opposed to abortion who had asked them to also weigh in on the validity of the FDA’s initial approval of the drug, known as mifepristone, in 2000.

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The Tennessee Bar Journal is accepting immediate submissions for publication, including articles (up to about 3,500 words), as well as specific subject-area, column-length (1,200 words) pieces. Articles should be of interest to Tennessee attorneys — detail a new state law or a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Find a global issue within your particular experience or knowledge and tell about it and how it affects Tennessee law. We are especially looking for diverse voices — from BIPOC writers, from our friends in the LGBTQ+ community and from attorneys who have had diverse life and legal experiences. Get more detailed information in the TBJ's Writer's Guidelines or email editor@tnbar.org.

The Tennessee Bar Journal is accepting immediate submissions for publication, including articles (up to about 3,500 words), as well as specific subject-area, column-length (1,200 words) pieces. Articles should be of interest to Tennessee attorneys — detail a new state law or a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Find a global issue within your particular experience or knowledge and tell about it and how it affects Tennessee law. We are especially looking for diverse voices — from BIPOC writers, from our friends in the LGBTQ+ community and from attorneys who have had diverse life and legal experiences. Get more detailed information in the TBJ's Writer's Guidelines or email editor@tnbar.org.