To Stay Put or Not to Stay Put
June 24th, 2010Found this interesting post about how a special ed student invoked stay put to end teacher furloughing in Hawaii, claiming that furlough days would deny him services mandated in his IEP. If the teachers aren’t teaching me I am not getting what IDEA guarantees. No, says the Ninth Circuit Court:
In affirming the district court’s decision, the Ninth Circuit reviewed the four legal factors the students must establish in seeking a preliminary injunction: (1) they are likely to suffer irreparable harm; (2) the balance of equities tips in their favor; (3) a preliminary injunction is in the public interest; and (4) they are likely to succeed on the merits. First, the court determined the students would likely suffer irreparable harm as the evidence demonstrated actual regression suffered by the students because of the first few
