No. 25A1148

Shawanda Solomon, as Parent and Next Friend of Student M.S. v. Anna Independent School District

Lower Court: Fifth Circuit
Docketed: 2026-04-17
Status: Application
Type: A
Tags: educational-placement IDEA irreparable-harm judicial-jurisdiction special-education stay-put-provision
Latest Conference: N/A
Question Presented (from Petition)

The Mandatory Nature of Stay-Put: Whether the "Stay-Put" provision of the IDEA, 20 U.S.C. § 1415@), constitutes a self-executing statutory injunction that strips lower courts of discretionary balancing power, in accordance with this Court's holding in Honig v. Doe, 484 U.S. 305 (1988).

Irreparable Harm from Judicial Delay: Whether a school district's unilateral placement change—resulting in documented academic credit loss and physical traama—constitutes exigent irreparable harm warranting emergency relief when lower courts fail to enforce the federal status quo mandate.

The Jurisdictional Void: Whether a District Court may disclaim jurisdiction over a mandatory statutory mandate by citing a pending interlocutory appeal of a separate equitable remedy, thereby creating a "procedural void" where no court enforces a self-executing federal right.

The Adequacy of Summary Appellate Review: Whether a Court of Appeals departs from the accepted course of judicial proceedings by issuing an unexplained summary denial of an emergency application involving a voluminous record in less than 26 hours.

Question Presented (AI Summary)

Whether the 'Stay-Put' provision of the Individuals with Disabilities Education Act, 20 U.S.C. § 1415(j), constitutes a self-executing statutory injunction that strips lower courts of discretionary authority and mandates maintenance of a student's current educational placement pending resolution of special education disputes

Docket Entries

2026-04-13
Application (25A1148) for an injunction pending appeal, submitted to Justice Alito.

Attorneys

Shawanda Solomon
Shawanda Solomon — Petitioner