Whether the stay-put provision of the Individuals with Disabilities Education Act (DEA) entitled Plaintiffs to an automatic injunction directing the DOE to fund their children's pendency placement

QUESTIONS PRESENTED The Individuals with Disabilities Education Act (IDEA) preserves the rights of children with disabilities to a free, appropriate, public education. The issues herein center on the "stay-put" or "pendency" provision of IDEA and the school district's obligations to fund a child's current educational placement as a dispute between the parent and the school district pends. Here, the parents and school districts all agreed that the children's appropriate pendency placement was at a private school. The District Court and Second Circuit, however, failed to find that the school districts were responsible for funding that placement during the pendency of the dispute. The questions presented are: 1. Whether the stay-put provision of the Individuals with Disabilities Education Act (DEA), 20 U.S.C. § 1415G) entitled Plaintiffs to an automatic injunction directing the DOE to fund their children's pendency placement. 2. Whether the District Court's failure to enforce a pendency order requiring funding undermines cooperative federalism integral to the IDEA. 3. Whether stay-put funding can be Ordered prospectively.