Borough of Palmyra Board of Education v. F.C.

2 F. Supp. 2d 637 (1998)

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Borough of Palmyra Board of Education v. F.C.

United States District Court for the District of New Jersey
2 F. Supp. 2d 637 (1998)

  • Written by Tammy Boggs, JD

Facts

F.C. (plaintiff) was a 15-year-old student who suffered from severe mental-health conditions and required special education services. F.C.’s school district, the Borough of Palmyra Board of Education (the board) (defendant) allegedly provided an inadequate and ineffective educational plan for F.C. at his public school. F.C.’s parents (the parents) (plaintiffs) initiated an administrative hearing against the board. An administrative-law judge (ALJ) determined that, under the Rehabilitation Act, the board’s plan was “seriously deficient” and the parents were entitled to place F.C. at a private school for educationally handicapped children. The ALJ ordered the board to pay the costs associated with F.C.’s private-school placement. The board failed to comply with the ALJ’s order and appealed the decision to district court. In district court, the parents moved for a preliminary injunction requiring the board to pay for F.C.’s tuition and transportation costs. Under Federal Rule of Civil Procedure (FRCP) 65(c), the parents were required to post a security bond to support the issuance of a preliminary injunction, but the parents could not afford to do so. The court found that the parents were entitled to a preliminary injunction and had to consider whether the parents were required to provide security.

Rule of Law

Issue

Holding and Reasoning (Simandle, J.)

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