Litigation Spotlight
DRP Signs on to Amicus Brief Supporting Provision Protecting Students with Disabilities
DRP signs on to amicus brief supporting “stay-put” provision protecting students with disabilities.
Together with Council of Parent Attorneys and Advocates, The Arc of Greater Pittsburgh, Juvenile Law Center, The Public Interest Law Center, KidsVoice, and The National Disability Rights Network, DRP signs on to an amicus brief in support of Plaintiffs-Appellants in the matter of Y.C.Q. v. Chichester School District. The appeal concerns the Individuals with Disabilities Education Act’s (IDEA’s) “stay-put” requirement created to protect students with disabilities, operating as an automatic injunction to maintain a student in the “then-current educational placement.” As the courts have recognized, once a parent has won at a due process hearing, the placement ordered by the hearing officer becomes the “then-current educational placement.” For Y.C.Q., a child in foster care, the “stay put” provision is particularly important to safeguard against frequent placement changes which disrupt the continuity of education and appropriate supports. Thus, the Chichester School District’s refusal to abide by the “stay put” provision represents the potential for harm to Y.C.Q., and other similarly situated students with disabilities. DRP stands with its partners in advocating that the lower court’s decision denying Y.C.Q. injunctive relief from Chichester School District’s actions be reversed.
Read amicus brief here.