United States Third Circuit

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Issa v. Lancaster School Dist., 16-3528

In an action brought by school-age refugees facing language barriers seeking a preliminary injunction compelling the school district to allow them to transfer from an accelerated credit-recovery high school to a program designed principally to teach language skills to English language learners (ELLs), the district court's grant of that request, finding likely violations of Pennsylvania law and the federal the Equal Educational Opportunities Act of 1974 (EEOA), 20 U.S.C. section 1703(f), is: 1) affirmed as to EEOA violations where plaintiffs showed they're likely to succeed on the merits of their EEOA claims, they're likely to suffer irreparable harm without relief, the balance of harms favors them, and relief is in the public interest; but 2) vacated as to state law violations.

Appellate Information

  • Decided
  • Published 2017/01/30




  • United States Third Circuit


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