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Olu-Cole v. E. L. Haynes Public Charter School

930 F.3d 519 (2019)

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Olu-Cole v. E. L. Haynes Public Charter School

United States Court of Appeals for the District of Columbia Circuit
930 F.3d 519 (2019)

  • Written by Alexander Hager-DeMyer, JD

Facts

MK was a student in E. L. Haynes Public Charter School (school) (defendant) and had a significant emotional disability requiring an individualized education program (IEP). MK assaulted another student, and the school determined that the behavior was a manifestation of MK’s disability. The school suspended MK for the maximum time allowed under the Individuals with Disabilities Education Act (IDEA) and put MK in an alternative school setting. The school initiated a due-process hearing to determine whether it would be appropriate to permanently transfer MK. The school asked MK’s mother, Velma Olu-Cole (plaintiff), for permission to extend MK’s interim placement during the hearing process. Olu-Cole objected, but the school refused to readmit MK. The school requested another due-process hearing regarding the permanent transfer and for approval to extend the interim suspension. MK’s suspension reached the IDEA’s cap, and Olu-Cole filed suit in federal court, seeking a preliminary injunction to compel MK’s return to school under the IDEA’s stay-put provision. The district court denied the injunction, finding that Olu-Cole did not demonstrate that MK would suffer irreparable harm without the injunction. Olu-Cole appealed to the District of Columbia Circuit.

Rule of Law

Issue

Holding and Reasoning (Millett, J.)

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