Van Scoy Ex Rel. Van Scoy v. San Luis Coastal Unified School District

ORDER GRANTING PLAINTIFF’S MOTION FOR STAY PUT INJUNCTION

Before the Court is Plaintiff Matthew Van Scoy’s Motion for Stay Put Injunction against the San Luis Coastal Unified School District (the “District”). After carefully considering the arguments presented in the parties’ papers, the Court has reached the following CONCLUSIONS:

[1] The appropriate standard for the granting of injunctive relief in this case is the application of the “traditional preliminary injunction analysis.” Johnson v. Special Educ. Hearing Office, 287 F.3d 1176 , 1180 (9th Cir.2002). “To enjoin a ‘stay put’ order, a litigant must demonstrate either (1) a combination of probable success and the possibility of irreparable harm, or (2) that serious questions are raised and the balance of hardship tips in [his] favor.” Id. (quotations and citations omitted). The Court’s review of the administrative agency’s decision is de novo, with the court giving weight to the hearing officer’s decision when it was “careful, impartial, and sensitive to the complexities of the issue presented.” Ojai Unified Sch. Dist. v. Jackson, 4 F.3d 1467 , 1476 (9th Cir.1993).

The stay-put provision in the federal Individuals with…