Moore v. District of Columbia ( 2009 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DANITA MOORE, )
In her own right, and as next friend of )
her son, D.M. )
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AND )
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DM, a minor, by his mother and next )
friend, Danita Moore, )
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Plaintiffs, )
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v. ) Civil Case No. 09-656 (RJL)
)
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DISTRICT OF COLUMBIA, )
A municipal corporation, )
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AND )
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MICHELLE RHEE, )
In her official capacity as, Chancellor, )
D.C.P.S., )
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Defendants. )
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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
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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.
SO ORDERED.
United States District Judge
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