| Venue: | SCOTUS |
| Facts: | John Doe has a tendancy to get violent when frustrated. He chokes someone, kicks out a window, etc. |
| Posture: | Suit for injunctive relief by parents; granted at district court, affirmed by 9th cir. Appeal. |
| Issue: | Can a school district unilaterally exclude a disables child from the
clasroom for dangerous or disruptive conduct growing out of their
disabilities while disciplinary action is pending?
Also, is this moot? |
| Holding: | Not moot. No they can't. Affirmed. |
| Rule: | Plain language: the child shall remain in the current educational placement. Also (on mootness): "capable of repetition and evading review." |
| Reasoning: | Review of the statute shows that it's clear Congress intended to strip schools of this authority. 10 days or less is kosher, but not more than that-- that would be change of placement. |
| Dicta: | Interesting discussion of mootness in the context of ephemeral actions (i.e., where the plaintiff's situation is more or less guaranteed to change in the course of the action). |