Ninth Circuit Ruling Special Education Student Not Protected by Furlough

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Ninth Circuit Ruling Special Education Student Not Protected by Furlough

  1. 1. Ninth Circuit Ruling: Special Education Student NotProtected By Furlough of Teachers -
  2. 2. NINTH U.S. CIRCUIT COURT OF APPEAL Government Law- Where state decided to shut down public schools and furlough teachers on 17 dates, and student sought an injunction claiming violation of the
  3. 3. stay-put provision of the Individuals with Disabilities Education Act, which provides that a child shall remain inthe then-current education placement during the pendency of any proceedings, state teachers association, which signed contract agreeing state may implement
  4. 4. furloughs, was not a necessary partysince relief requested–keeping schools open, but not addressing staffing– would not render contract illegal and would not affect a legally protected interest held by the association. Plaintiff challenging shutdowns was not required to exhaust
  5. 5. administrative remedies given the time-sensitive nature of the right to remain in the current educational placement, which the IDEA was designed to protect. District courtconsidering injunction request was not required to apply the stay-put provision’s automatic injunction standard
  6. 6. rather than the preliminary injunctionbalancing test, and court did not err in concluding that the balance of the equities did not tip in favor of the plaintiffs. Plaintiff was unlikely to prevail on the merits because IDEA’s stay-put provisions do not apply to system-wide changes
  7. 7. in public schools that affect disabled and nondisabled children alike, and district court did not err in denying injunction. N. D. v. State of HawaiiDepartment of Education – filed April 5, 2010. Cite as 09-17543
  8. 8. The Leigh Law Group represents individuals, families, employees, parents, guardians and children whohave been injured by the unlawful acts of others. As attorney advocates, we provide each client with all options available to them.
  9. 9. When Leigh Law Group acts on your behalf, we demonstrate a strong commitment to your case and are relentless in our goals for seeking remedies and justice.
  10. 10. Specialties include special educationattorney, federal court litigation, state court litigation, disabilty discrimination, disability rightsattorney, and civil rights. Please visit us on the web at http://www.leighlawgroup.com

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