ISSA et al v. THE SCHOOL DISTRICT OF LANCASTER
ORDER THAT THE PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION (DOC. NO. 7) IS GRANTED IN PART AND, PENDING FINAL RESOLUTION OF THIS MATTER, THE SCHOOL DISTRICT SHALL: ENROLL AND PERMIT THE SCHOOL-AGE PLAINTIFFS, WHO SO WISH, TO ATTEND THE MAIN HIGH SCHOOL, MCCASKEY, BEGINNING ON AUGUST 29, 2016, ETC. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/26/16. 8/26/16 ENTERED AND COPIES E-MAILED.(er, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KHADIDJA ISSA, Q.M.H., a minor,
individually, by and through his parent, Faisa :
Ahmed Abdalla, ALEMBE DUNIA,
ANYEMU DUNIA, V.N.L., a minor,
individually, by and through her parent, Mar Ki, :
SUI HNEM SUNG, AND ALL OTHERS
THE SCHOOL DISTRICT OF LANCASTER, :
CIVIL ACTION NO. 16-3881
AND NOW, this 26th day of August, 2016, after considering the plaintiffs’ motion for a
preliminary injunction (Doc. No. 7), the defendant’s response thereto and supporting
memorandum of law (Doc. Nos. 15, 16), and the plaintiff’s reply in support of the motion (Doc.
No. 20); and after holding a five-day evidentiary hearing; and after considering the parties’
proposed findings of fact and conclusions of law (Doc. Nos. 32-34); and for the reasons stated in
the accompanying memorandum opinion; accordingly, it is hereby ORDERED that the
plaintiffs’ motion for preliminary injunction (Doc. No. 7) is GRANTED IN PART and, pending
final resolution of this matter, the school district shall:
Enroll and permit the school-age plaintiffs, who so wish, to attend the main high
school, McCaskey, beginning on August 29, 2016; 1
To the extent that at Phoenix there are approximately 12 other school-age refugees similarly situated to the
plaintiffs with regard to language proficiency, the reasoning of the court’s memorandum opinion would likely apply
to them as well. As a preliminary matter, and prior to the court’s determination on the motion for class certification,
the parties are encouraged to fairly apply that reasoning to those individuals.
Ensure that all plaintiffs are properly assessed for language proficiency and
receive an appropriate and adequate program of language instruction, including assignment to
the International School if appropriate, ESL instruction, modifications in the delivery of
instruction and testing to facilitate their achievement of English proficiency and state academic
standards, and interpretation and translation services, as required by law, to enable the plaintiffs
and their parents to meaningfully participate in education decisions;
Ensure that the plaintiffs have equal access to the full range of educational
opportunities provided to their peers, including curricular and non-curricular programs and
The plaintiffs shall post a nominal bond of $1.00.
BY THE COURT:
/s/ Edward G. Smith
EDWARD G. SMITH, J.
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?