Monday, April 05, 2010
9th Circuit Court of Appeals denies injunction against Furlough Fridays
by Larry Geller
The 9th Circuit Court of Appeals issued a ruling today affirming the earlier District Court denial of an injunction that might have blocked the state from continuing Furlough Fridays. The decision is attached below. An earlier article with audio from the oral arguments is here.
(Thanks to Laura Brown for early pointer, and also see AP breaking story, Appeals Court sides with state in parents' attempt to end Furlough Fridays, 4/5/2010)
While denying the injunction, the ruling also includes this finding with regard to irreparable harm:
Based on the evidence presented to the district court, it was reasonable for the court to conclude that the furloughs would cause irreparable harm.
But a quick scan of the ruling shows that it hinged on the definition of educational placement, a complicated subject that will require reading the ruling carefully. In other words, does shutting down a school change the students’ educational placement.
Probably the newspapers will obtain a statement from the attorneys on both sides. Let’s see what they say. This won’t be disappeared news, the attorneys’ phones are probably ringing off the hook with reporters. At least, I hope so.20100405 ND v DOE 09-17543