ORDER DENYING EMERGENCY RELIEF This case comes before the Court on Plaintiffs’ Motion for a Temporary Restraining Order and Preliminary Injunction [ECF No. 10]. Plaintiff L.B. is a fourteen-year-old child with a disability who receives special education services from the New York City Department of Education (the “DOE” or the “Defendant”). Because L.B. is a minor, this action is brought on his behalf by his parents, S.B. and L.H.B. (together, “Plaintiffs”). Plaintiffs contend that the DOE’s failure to provide L.B. placement at an appropriate school which can accommodate his educational needs as specified in his Individualized Education Plan (“IEP”) violates L.B.’s rights under the Individuals with Disabilities Education Act (the “IDEA”), 20 U.S.C. §§1401, et seq. Plaintiffs seek a temporary restraining order and preliminary injunction requiring the DOE to fund L.B.’s attendance at his current school, selected by his parents, during the pendency of his case. In support of their request, Plaintiffs filed a memorandum of law [ECF No. 10-2] (“Mem.”). Defendant has opposed the requested injunctive relief. [ECF No. 19] (“Opp.”). The Court has carefully reviewed all of the submissions. For the reasons stated herein, Plaintiffs’ request for a temporary restraining order and preliminary injunction is denied. BACKGROUND L.B. has long needed special educational services. [ECF No. 2] (“Compl”) 2; Mem. at 2. L.B. is diagnosed “with Autism Spectrum Disorder and Specific Learning Disabilities.” Compl. 1; Mem. at 2. From the advent of his scholastic career, L.B. has been provided an IEP. Pursuant to his IEP, L.B. “received special education services at a nonpublic school, Learning Spring, from fourth grade through his graduation from eighth grade in June 2021.” Compl. 6; Mem. at 2. Learning Spring does not have a high school program. Compl. 22; Mem. at 2. As a result, once L.B. graduated to the ninth grade commencing in the 2021-2022 school year, it was necessary for him to attend a new school. Compl.
9, 23-24; Mem. at 2-3. The Committee on Special Education convened an IEP meeting in December 2020 to address L.B.’s needs moving forward. Compl. 24; Mem. at 2-3. At the meeting, the Committee “agreed that L.B.’s needs could not be met in the public school system and referred his case to the Central Based Support Team [] for a non-public high school placement.” Mem. at 3; Compl. 45. That Team “referred him to state-approved high schools,” which, after contacting L.B.’s parents, rejected L.B. as a student, or were unable to meet certain criteria of his IEP. Mem. at 3; Compl. 49. L.B. was left with no high school placement. See Compl.
