Place now, pay later

  The Individuals with Disabilities Education Act, a child is entitled to a fair and appropriate public education.  Not surprisingly, often parents and school districts have different views as to what services must be provided to a disabled student.  And these disagreements can wind through administrative hearings and federal court for lengthy periods of time.  To protect the student's rights, the IDEA contains a stay-put provision that provides that “during the pendency of any proceedings,” the child is entitled to “remain in [her] then-current educational placement” at public expense.

In Mendez v. Banks, the Second Circuit was faced with the issue as to whether parents with pendency orders were entitled to immediate injunctive relief, requiring the school districts to pay for the education.  The Court found that the IDEA did serve as an automatic injunction as to placement, but that did not entitle the parents to fast track payment unless any delay in payment jeopardizes the student's placement.  The Court held that the New York City Department of Education could go through its normal payment protocols in meeting its obligations under the stay-put provision of IDEA.