ORDER DENYING MANDATORY PRELIMINARY INJUNCTION AND DISMISSING SUIT
ROSENTHAL, District Judge.
Plaintiff, Steven Schares, (Schares), filed this suit on December 6, 2002, as next friend of Katherine Schares, (Katherine S.), seeking a mandatory preliminary injunction against the Katy Independent School District, requiring it to promote Katherine from the fifth grade to the sixth grade. Schares filed this suit under 20 U.S.C. § 1415(i)(2)(A) to appeal the...
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