47 F. Supp. 3d 1
D.D.C.2014Background
- Reiley Eley, a special-education student in DC, seeks stay-put protection under IDEA during appeal of placement decisions.
- Prior decisions found TLCIS an appropriate placement and funded TLCIS for prior years; the May 2013 IEP lacked a designated location for services.
- In 2013–2014, DC DOE’s Location of Services team moved toward High Road Academy but did not initially identify a location; by Feb. 5, 2014, High Road was designated.
- Plaintiff contends TLCIS remains the current placement; DC argues High Road is proposed only to implement the IEP, not a change in placement.
- A February 2014 HOD denied prior due process complaint about location; plaintiff filed this appeal seeking stay-put to continue TLCIS funding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TLCIS remains the then-current placement under stay-put. | Eley; TLCIS is current placement. | High Road is not a placement change; TLCIS not current. | TLCIS is the then-current placement for stay-put. |
| Is moving to High Road a change in placement triggering stay-put? | Move constitutes change in placement. | Move is location-in-implementation, not placement. | Yes, it constitutes a change in placement. |
| Should the court apply the four-factor injunction test or stay-put presumption? | Stay-put automatic injunction applies. | Four-factor test should control. | Stay-put presumption applies; four-factor test not controlling here. |
| What is the proper standard of harm and public interest under stay-put here? | Continued TLCIS funding serves FAPE and public interest. | Maintaining TLCIS harms fisc and is not least restrictive. | Public interest supports TLCIS continuation. |
Key Cases Cited
- Lunceford v. District of Columbia Board of Education, 745 F.2d 1577 (D.C. Cir. 1984) (limits on broad interpretation; placement includes location considerations)
- Concerned Parents and Citizens for the Continuing Education at Malcolm X (PS 79) v. New York City Board of Education, 629 F.2d 751 (2d Cir. 1980) (placement context includes type of program; prior notice constrains vary by facts)
- Cook County v. Illinois State Board of Education, 103 F.3d 545 (7th Cir. 1996) (placement meaning varies by context; flexible approach between location and goals)