Greene County Tech School District v. Doe et al

Filing 25

ORDER denying as moot 8 and 17 Motions for Preliminary Injunction. The Court acknowledges that the parties have reserved the issue of attorneys' fees associated with their cross-motions for injunctive relief. This Court will retain jurisdiction over any disputes that should arise regarding the terms or conditions of the stay-put order issued by the ADE hearing officer (Docket No. 17 -2). Signed by Judge Kristine G. Baker on 5/4/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
GREENE COUNTY TECH SCHOOL DISTRICT
v.

PLAINTIFF

Case No. 3:17-cv-00047-KGB

MW, an adult, and CARLA WILSON,
mother of MW

DEFENDANTS
ORDER

Before the Court are the parties’ cross-motions for preliminary injunction (Dkt. Nos. 8,
17). The Individual with Disabilities Education Act grants this Court subject-matter jurisdiction
over the enforcement of stay-put orders issued during its administrative proceedings. 20 U.S.C.
§§ 1415(i)(3)(A), 1415(j). At issue is the enforcement of a stay-put order issued by the Arkansas
Department of Education’s (“ADE”) hearing officer in Case No. H-2017-20 in effect during the
pendency of the ongoing administrative proceedings (Dkt. No. 17-2).
The Court held an evidentiary hearing in this matter on April 6, 2017, at which time the
parties agreed to the following: (1) that plaintiff Greene County Tech School District (the
“District”) withdraws its motion to dismiss without objection; (2) that the District will follow the
stay-put order entered by the ADE hearing officer in Case No. H-17-20 (Dkt. No. 17-2); (3) that
the parties reserve the issue of attorneys’ fees associated with their cross-motions for injunctive
relief; and (4) that the Court retains jurisdiction of the action.
In the light of the agreement of the parties, this Court denies as moot the pending crossmotions for injunctive relief (Dkt. Nos. 8, 17). The Court issued a previous Order denying as moot
plaintiff’s motion to dismiss (Dkt. No. 24). The Court acknowledges that the parties have reserved
the issue of attorneys’ fees associated with their cross-motions for injunctive relief. This Court

will retain jurisdiction over any disputes that should arise regarding the terms or conditions of the
stay-put order issued by the ADE hearing officer (Dkt. No. 17-2).
It is so ordered this the 4th day of May, 2017.

_______________________
Kristine G. Baker
United States District Judge

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