Termine

Termine Ex Rel. Termine v. William S. Hart Union High School District

Good Law

219 F. Supp. 2d 1049·2002 WL 31015274·2002 U.S. Dist. LEXIS 21691

United States District Court, Central District of CaliforniaAugust 20, 2002CIV.02-01114-SVWCalifornia6,568 words

Opinion

Wilson, J.

ORDER RE: “STAY-PUT” DETERMINATION

I. INTRODUCTION

Plaintiff Aja Termine (“Aja”), through her mother and Plaintiff Karen Termine (collectively “Plaintiffs”), seek a determination by the Court, pursuant to 20 U.S.C. § 1415 (j), as to what is the appropriate “stay put” placement for Aja during the pendency of Plaintiffs’ due process hearing with Defendant William S. Hart Union High School District (the “District”) before the California Special Education Hearing Office (“SEHO”).

Previously, the Court had instructed the parties to brief the issue of whether equitable defenses could be considered in determining the “stay put” under § 1415(j), as well as whether this action was rendered moot as a consequence of the SEHO decision issued on July 3, 2002. The parties came before the Court on oral argument on May 8, 2002 and August 19, 2002. Pursuant to the parties’ briefs and oral arguments, the Court has resolved all of the issues pending before it, as set forth below.

II. FACTUAL / PROCEDURAL BACKGROUND

According to the parties’ briefs and accompanying declarations, Aja has been eligible for special education pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20…

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