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S.M., et al. v. Chichester School District

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

S.M., by and through his parents, : Michael C. and Danielle C., : Plaintiffs, : : CIVIL ACTION : No. 21-4266 v. :

CHICHESTER SCHOOL : DISTRICT, : Defendant. :

ORDER

AND NOW, this 24th day of March, 2022, it is ORDERED that S.M.’s Motion for a

Preliminary Injunction (ECF No. 10) is GRANTED. It is further ORDERED that Defendant

Chichester School District’s Motion to Dismiss Plaintiff’s Complaint (ECF No. 4) is DENIED.

Chichester School District is ORDERED to make all necessary referrals for residential

educational placement for purposes of S.M.’s FAPE, in full consultation with parents; make all

necessary arrangements to secure such placement and authorize the necessary funding; and plan

for and execute a reasonable and appropriate plan for transitioning S.M. from the RTF where he

currently resides, to the residential educational placement the parties mutually select, as soon as

practicably possible.

s/ANITA B. BRODY, J. ANITA B. BRODY, J.

E.D. Pa.: S.M., et al. v.... | Special Education Law