Johnson ex rel. Johnson v. Special Education Hearing Office

OVERVIEW

Nicholas Johnson (“Nicholas”), by and through his mother, Julie Johnson, appeals the district court’s denial of a preliminary injunction sought by them to modify the “stay put” order entered by the California Special Education Hearing Office (“Hearing Office”). Nicholas argues that under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400-91 (“IDEA”), a request for a preliminary injunction to maintain the educational status quo of a disabled child must be automatically granted, and therefore the district court’s consideration of the traditional preliminary injunction factors was error. Because we find that the district court used the appropriate legal standard, we affirm.

BACKGROUND

Nicholas is an autistic child eligible for educational assistance under IDEA. IDEA creates a substantive right to education. Its main purpose is to provide disabled children with “free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living.” 20 U.S.C. § 1400 (d)(1)(A). IDEA accomplishes this goal by funding state and local agencies that comply with…