Shkelqesa Dervishi v. Department of Special Education, et al.

I. Whether 20 U.S.C. § 1415(j) protect a disable student’s right during the “stay-put” and requires a local education agency (“LEA”) to maintain at LEA expense the stay put placement of the student during the pendency of die proceedings under 20 U.S.C. § 1415. 11. Whether the panel’s order affirming the District Court’s decision conflicts with the prior panel’s order of the Second Circuit remanded for further proceeding to the district court pursuant to 20 U.S.C. § 14150, conflicts with the opinion of the Supreme Court and other U.S Circuit Courts. m. Whether compensatory education as prospective equitable relief is warranted given the school board’s failure to abide by the automatic and unconditional pendency entitlement, for a period of almost six years.