M.W. et al v. New York City Department of Education et al.
| M.W. and A.W. |
| New York City Board Of Education, Carmen Farina and New York City Department Of Education, |
| 1:2015cv05029 |
| June 26, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| William H. Pauley |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
45
MEMORANDUM & ORDER granting 16 Motion for Preliminary Injunction. M.W. has made a clear and substantial showing of a likelihood of success on the merits and a strong showing of irreparable hmm. A preliminary injunction is in the public interest. A ccordingly, this Court grants the following preliminary injunctive relief during the pendency of this action: 1. A.W. will continue to be eligible for special education services, high school credit-bearing general education instruction and to earn a high school diploma by the New York City Department of Education pursuant to the Individuals with Disabilities in Education Improvement Act, 20 U.S.C. §§ 1400 et seq., and N.Y. State Educ. Law §§ 3203(1), 4401(1); 2. Defendants sh all provide A.W. with 1:1 instruction in five credit-bearing classes per semester in subjects that A.W. would require for the purposes of fulfilling her regular diploma requirements pursuant to 8 N.Y.C.R.R. § 100, et seq., as well as preparation for the Regents Exams or the Regents Competency Tests ("RCTs"); and, 3. Defendants shall permit A.W. to sit for the Regents exams and RCTs during the 2015-2016 school year and summer of 2016. In addition, Defendants shall permit A. W. to a pply to a New York City Department of Education Transfer School for the spring 2016 semester and to attend, in lieu of 1:1 instruction, if accepted. The Clerk of the Court is directed to terminate the motion pending at ECF No. 16. SO ORDERED. (As further set forth within this Order.) (Signed by Judge William H. Pauley, III on 8/25/2015) (ajs)
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