District's proposed interpretation of Section 1412(c) cannot be
accepted, and defendants are correct that plaintiff has failed to
state a claim for relief under the IDEA.
C. Request for Injunctive Relief
The Schutzes have requested that the District be ordered to
continue to pay their son's tuition at Kildonan during the
pendency of the ongoing dispute over the proposed IEP.*fn14
Because Kildonan is the current educational placement of Kevin,
this result is mandated by Section 1415(j).
The Second Circuit has described the operation of Section
1415(j) as an "automatic preliminary injunction." Zvi D. by
Shirley D. v. Ambach, 694 F.2d 904, 906 (2d Cir. 1982). In
other words, once the parents prove their child's current
educational placement (whether it be in public or private
school), the local educational agency is then required to
maintain that placement under the IDEA. While it is true that, on
the facts of this case, the result is to impose a "significant
financial burden on the States and school districts that
participate in IDEA," Florence County Sch. Dist. Four v.
Carter, 510 U.S. 7, 15, 114 S.Ct. 361, 126 L.Ed.2d 284 (1993),
it is the result mandated under that statute. Because the current
educational placement of Kevin Schutz is Kildonan, the District
is required to continue to reimburse the Schutzes for the cost of
tuition during the pendency of the instant dispute.*fn15
After careful consideration of the submissions of the parties,
the relevant parts of the record, and the applicable law, it is
1. Defendants' motions are GRANTED;
2. The complaint is DISMISSED;
3. Plaintiff Board of Education of the Pawling Central School
District is hereby directed to immediately comply with the March
16, 2000, decision of Frank Munoz, the State Review Officer of
the State Department of Education of the State of New York, and
to continue to comply with the pendent placement provision of
20 U.S.C. § 1415(j), as interpreted herein; and
4. Jurisdiction is retained to ensure compliance with the above
The Clerk is directed to enter judgment accordingly.
IT IS SO ORDERED.