Anne Davis v. DC, No. 21-7134 (D.C. Cir. 2023)
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Plaintiff acting on behalf of her son, a student who qualifies for special education services under the Individuals with Disabilities Education Act (IDEA), appealed an order of the district court denying her motions for a temporary restraining order and a preliminary injunction pursuant to the IDEA’s “stay-put” provision. The stay-put provision provides that “during the pendency of any proceedings conducted pursuant to this section, unless the State or local educational agency and the parents otherwise agree,” a student “shall remain” in the student’s “then-current educational placement.
The DC Circuit affirmed. The court explained that Community Services for Autistic Adults and Children, a private residential treatment center in Maryland, and its affiliated school, the Community School of Maryland’s (together, CSAAC) unilateral decision to discharge Plaintiff’s son did not trigger the IDEA’s stay-put mandate because the District did not refuse to provide a similar available placement. Neither the text of Section 1415(j) nor the court’s previous decisions applying the provision impose an affirmative duty on the District to provide an alternative residential environment when a student’s then-current placement becomes unavailable for reasons outside the District’s control. The court explained that Plaintiff’s attempt to bring a substantive challenge on behalf of her son by invoking the stay-put mandate is procedurally improper because Section 1415(j) is not intended to afford parties affirmative relief, on the merits, in the form of an automatic injunction.
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