After the court denied the school district's motion to dissolve the temporary restraining order, the order was extended in effect through April and May to allow briefing for a preliminary injunction. The district court issued a temporary restraining order in March 1995 ordering the school district to allow Rodiriecus to return to school. Rodiriecus asserted that under the Act, because he was being evaluated for special education purposes, the school district was prohibited from expelling him from school. filed suit in federal district court, seeking a preliminary injunction to compel the school district to allow Rodiriecus to return to school, pursuant to the Individuals with Disabilities Education Act ("IDEA" or the "Act"). The principal recommended to the school board that they initiate proceedings to expel Rodiriecus for the remainder of the school year as punishment for the confessed thievery.Įight days thereafter, on February 28, Rodiriecus L. The next day, January 26, the principal received the police report and suspended Rodiriecus from school for ten days. At the police station, Rodiriecus made a voluntary, written confession, admitting to taking the master key from the principal's office after school in November and using the key to enter the classrooms at night to pilfer the teachers' desks. After meeting with the school principal, Rodiriecus was turned over to the custody of the Waukegan Police Department. On January 25, 1995, a teacher and a security guard at the school discovered Rodiriecus in possession of a master key to the classrooms. In early January 1995, a number of additional thefts from locked classrooms occurred at the school. Also, a set of master keys to the classrooms was reported as missing from a desk in the principal's office. On November 1, 1994, several teachers at Abbott Middle School reported that cash had been stolen from locked classrooms the night before.
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