Education – IDEA – Relocation

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Where a parent of a child with disabilities moved within a school district across residential zoning lines for schools, the stay-put provision of the Individuals with Disabilities Education Act, 20 U.S.C. §1415(j), does not require the school district to keep the child in her same school, as the school zoned for her new residence can fully implement the child’s agreed-upon educational program and provide materially identical services.

“This case poses the following question: when a parent of a child with disabilities moves within a school district across residential zoning lines for schools, does the stay-put provision of the Individuals with Disabilities Education Act (‘IDEA’), 20 U.S.C. §1415(j), require the school district to keep the child in her same school, even if the school zoned for her new residence can fully implement the child’s agreed-upon educational program and provide materially identical supports and services? The answer is no. The Court will therefore deny the plaintiff’s motion for a preliminary injunction, but it will order the parties to develop a collaborative transition plan for the child at issue in this case. …

“The parties dispute whether the stay-put provision of the IDEA requires Revere Public Schools to keep R.W. at the Whelan School, and to keep providing her transportation to and from Whelan, pending a further hearing before the BSEA, even though R.W. now lives in a home zoned for the Beachmont School. That question turns on whether R.W.’s current educational placement in her IEP is the IGNITE program, as Revere contends, or the IGNITE program at Whelan, as Vaudo contends. The Court concludes that, in the circumstances of this case — where R.W.’s parents took unilateral action to move her outside the Whelan school zone in Revere, and where the educational programming at Beachmont is materially indistinguishable from the educational programming at Whelan — the stay-put provision does not entitle R.W. to remain at Whelan pending resolution of the dispute over her placement. Balancing the equitable factors, Vaudo’s motion will be denied because she is not likely to succeed on the merits of her IDEA claim challenging the BSEA’s stay-put decision, because the balance of the equities and public interest favor Revere, and because the harm R.W. might experience in moving from Whelan to Beachmont can be alleviated by an order requiring the parties to engage in collaborative transition planning. …

“The First Circuit has not construed the term ‘current educational placement’ in a case, like this, that spotlights the distinction between a child’s educational program and school location for purposes of the stay-put provision. But Vaudo has not advanced, nor does this Court discern, any convincing rationale for departing from the persuasive reasoning of the other courts of appeals. Under any of those courts’ interpretations of ‘current educational placement,’ R.W.’s educational placement is the IGNITE program, not the IGNITE classroom at Whelan. …

“The purposes of the stay-put provision fortify the conclusion that moving R.W. to Beachmont does not trigger the stay-put provision. …

“For these reasons, the BSEA Hearing Officer correctly concluded that R.W.’s ‘current educational placement’ is the IGNITE program, not the IGNITE classroom at Whelan. The IDEA’s stay-put provision does not apply here, because there will be no meaningful change in the education and services R.W. receives at Beachmont. Vaudo has therefore not met her burden to demonstrate a likelihood of success on the merits of her IDEA claim challenging the BSEA’s stay-put decision. …

“In sum, the balance of the equitable factors requires denial of the motion for a preliminary injunction. Vaudo has not demonstrated a likelihood of success on the merits of her IDEA claim, and the public interest and the balance of the hardships favor Revere. While R.W. may experience some difficulties in her transition to a new school, that hardship can be ameliorated by an order requiring the parties to work together, in good faith, on a transition plan for R.W. …

“For the foregoing reasons, Vaudo’s motion for a preliminary injunction, ECF 26, is denied. The temporary restraining order entered on December 12, 2025, ECF 17, is hereby vacated. Revere is ordered to delay transferring R.W. to the Beachmont Elementary School until March 23, 2026. During the period between the date of this Order and March 23, the parties are ordered to engage in mutual, good faith transition planning for R.W. ahead of any move to the IGNITE classroom at Beachmont.”

Vaudo v. Revere Public Schools, et al. (Lawyers Weekly No. 02-116-26) (19 pages) (Kobick, J.) (Docket No. 1:25-cv-13793-JEK) (March 5, 2026).

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