Henri and Mary Tatro v. The State of Texas

GOLDBERG, Circuit Judge:

Amber Tatro is a four-years-old child who suffers from myelomeningocele, a birth defect commonly known as spina bifida. 1 As a result of this congenital defect, Amber suffers from orthopedic and speech handicaps and from a neurogenic bladder. This latter condition prevents Amber from being able to empty her bladder voluntarily. As a result, Amber must be catheterized every three to four hours in order to function normally without the danger of developing chronic kidney infection.

In 1979, Amber became eligible for participation in the early childhood development program…