D.G. ex rel. P.G. v. San Diego Unified School District
Opinion
Lead Opinion
Bencivengo, J.
ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION
Plaintiff D.G., by and through his parents as guardians ad litem, moves for a preliminary injunction. [Doc. No. 6.] Defendant San Diego Unified School District (“SDUSD”) responded in opposition, and plaintiff replied. [Doc. Nos. 10, 11.] The court issued a tentative order and then heard oral argument on September 18, 2015. For the following reasons, the court GRANTS plaintiffs motion for a preliminary injunction.
BACKGROUND
Plaintiff is a twelve-year-old boy with autism. Until June 2015, plaintiff resided in the Del Mar Union School District. Beginning with the 2010-2011 school year, plaintiff has attended The Institute for Effective Education (“TIEE”), a private school, each year pursuant to an individualized education plan (“IEP”). See 20 U.S.C. §§ 1412 (a)(4), 1414(d); [Doc. No. 1-2.] .Plaintiffs most recent IEP from Del Mar Union School District, dated May 13, 2015, again placed plaintiff at TIEE but was due to end June 30, 2015, at which point plaintiff would apparently matriculate to San Dieguito Union High School District.
In June 2015, however, plaintiff moved from Del Mar Union School District to a neighboring district,…