MOORE et al v. DISTRICT OF COLUMBIA et al
MEMORANDUM OPINION, granting Stay Put injunction. Signed by Judge Richard J. Leon on 4/22/09. (kc)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DANITA MOORE, In her own right, and as next friend of her son, D.M. AND DM, a minor, by his mother and next friend, Danita Moore, Plaintiffs,
) ) ) ) ) ) )
DISTRICT OF COLUMBIA, A municipal corporation, AND MICHELLE RHEE, In her official capacity as, Chancellor, D.C.P.S., Defendants.
) Civil Case No. 09-656 (RJL)
) ) ) ) )
) ) ) ) ) ) )
MEMORANDUM ORDER April 7 2.; 2009 [#3]
Plaintiffs seek a "stay put" injunction under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1415U), to maintain PlaintiffDM's current educational situation at School Finders, LLC ("School Finders") pending review of plaintiffs' administrative complaint challenging the defendants' recent decision to change PlaintiffDM's educational placement to Village Academy. Having established that this
change would constitute a "fundamental change in ... a basic element of [DM's] educational program," see Laster v. District a/Columbia, 394 F. Supp. 2d 60,64 (D.D.C. 2005), and having established that a change to Village Academy at this point in the academic year would not be substantially similar to either attending Accotink Academy or School Finders, plaintiffs are entitled to a stay put injunction pending the conclusion of their administrative challenge to defendants' proposed change in DM's placement, see
Laster v. DC, 439 F. Supp. 2d 93,98 (D.D.C. 2006). In addition, plaintiffs have
demonstrated that DM is entitled to continue to receive the necessary transportation costs to attend School Finders, as well as those supplemental services required by Plaintiff DM's IEP at School Finders pending the resolution of their administrative complaint. Accordingly, it is hereby
ORDERED that PlaintiffDM shall continue to receive his education at School
Finders pending the resolution of the plaintiffs' administrative complaint, and it is further
ORDERED that Plaintiff DM shall receive the necessary transportation costs he is
entitled to under his IEP at School Finders pending the resolution of plaintiffs' administrative complaint, and it is further
ORDERED that Plaintiff DM shall continue to receive whatever supplemental
services he is entitled to under his IEP at School Finders pending the resolution of plaintiffs' administrative complaint, and finally it is
ORDERED that the parties shall notify this Court in writing as soon as possible
thereafter as to either the resolution of plaintiffs' pending administrative complaint, or any other action by the plaintiffs to terminate, stay, or delay the administrative review process.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?