Whether the Individuals with Disabilities Education Act's stay-put provision, 20 U.S.C. § 1415(j), requires a school district to fund a student's pendency placement during administrative proceedings without a showing of irreparable harm or other preliminary injunction factors

No question identified. : To the Honorable Sonia Sotomayor, as Circuit Judge for the United States Court of Appeals for the Second Circuit: The Petitioners, EILEEN MENDEZ, Individually and as Legal Guardian of A.C., et al., under Supreme Court Rule 13(5), request a 60-day extension to petition for a writ of certiorari. This request, if granted, would extend the deadline from August 15, 2023, to October 14, 2023. The Petitioners will ask this Court to review a judgment of the United States Court of Appeals for the Second Circuit, issued on April 12, 2023 (annexed hereto as Exhibit 1), which denied Petitioners’ motion for a preliminary injunction under the stay-put provision of the Individuals with Disabilities Education Act (“IDEA”), 29 U.S.C. § 1415), directing the Defendants David C. Banks, in his official capacity as Chancellor of the New York City Department of Education and the New York City Department of Education (collectively "DOE"), to comply with each Plaintiff's Pendency Order and where a Pendency Order has not been issued, implement the agreed pendency placements. The Court has jurisdiction to review the Second Circuit’s decision under 28 U.S.C. § 1254. The Second Circuit denied rehearing en banc on May 17, 2023 (attached hereto as Exhibit 2) and affirmed its previous holding. The Petitioners request this extension of time for the following reasons: 1. This case presents substantial and essential questions of law, including the future application and implication of 20 U.S.C. § 1415(j) of the IDEA, also known as the Pendency Provision. This case also presents substantial and essential questions of law about whether students with disabilities are entitled to funding of pendency placement under § 1415(j) without the requirement of showing irreparable harm. The Brian Injury Rights Group, Ltd. is a small nonprofit law firm based in New York City. Recently, the firm lost personnel who would have helped prepare the writ. In addition, this firm’s limited resources have been necessarily diverted to other urgent projects. While new attorneys may be hired between now and August 15, 2023, there will not be enough time to get up to speed on the complex issues here and effectively help prepare a petition by August 15, 2023. The undersigned firm has seen a significant uptick in refusal by the DOE to pay pendency for disabled students, citing the Second Circuit’s opinion in Mendez. The importance of this Court’s review of that opinion has thus recently become clear, but the undersigned will not have sufficient time to complete a petition for writ of certiorari by August 15, 2023. For these reasons, the Petitioners request a 60-day extension of time to petition for a writ of certiorari to October 14, 2023. Dated: August 4, 2023 New York, New York Respectfully submitted, /s/ Rory J. Bellantoni, Esq. Counsel of Record Brain Injury Rights Group, Ltd. 300 E. 95% St., #130 New York, New York 10128 rory@pabilaw.com Case 22-2663, Document 104-1, 04/12/2023, 3497821, Page1 of 20 22-2663-cv Mendez v. Banks Gnited States Court of Appeals For the Second Circuit August Term 2022 Argued: February 13, 2023 Decided: April 12, 2023 No. 22-2663 EILEEN MENDEZ, INDIVIDUALLY AND AS LEGAL GUARDIAN OF A.C., NAHOKO MIZUTA, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF Y.M., KENTARO MIZUTA, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF Y.M., SHANNON THOMASON, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF E.P., VINCENT PENNA, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF E.P., YARELY MorA, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF L.N., MAYLENE OTERO, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF K.R., Plaintiffs, DAVID C. BANKS, IN HIS OFFICIAL CAPACITY AS CHANCELLOR OF THE NEW YORK City DEPARTMENT OF EDUCATION, NEW YORK CITY DEPARTMENT OF EDUCATION, Defendants.” Appeal from the United States District Court for the Southern District of New York No. 22-cv-8397, Mary Kay Vyskocil, Judge. * The Clerk of Court is respectfull