many many days of schooling he is lacked the ability to have clear social relationships which are detrimental to the styled the things that this child might be able to achieve but for the fact that he has missed time in school that can simply not be replaced up the parties your argument is as an afterthought it is clear that there is no evidence in this record that the parties had any intent to actually the problem with that is that the underlying court relied on ravi bethel for the proposition that in fact we would have to exhaust the full administrative proceeding in order to seek relief before it in the murthy the arlington  circuit filed with amicus by the united states department of justice held that it would have this or it the right to stay put if these parents have to go chasing stay put in every single avenue so that they can obtain relief and that's exactly what this is the this case is the three maintain petitioners placement in e c b during the pendency this action to include but not limited to to include the services set for the new agreement why didn't you go through very white and say we want to enforce this order it is not being enforced this child is missing school we want him to receive the services kember six two thousand and six instead of dismissing the proceedings and proceeding to the street court why didn't you go to district court and say this order is not being enforced we needed to your road to enforce this order the reason your honor is because at the time the parties were evidencing that they were not going to comply the unfortunate mechanism in place is  enforce this the underlying a breach of the mediation agreement so the only cause of action before only each and that proceeding where the september  that proceeding in effect there was only one request being made it was about twelve per by my clients which was to seek enforcement of the mediation agreement and to have a state order effectuated of the order that they should maintain you get your agreement to be enforced now the district gregson street kids are going to school you go in to see joe's wife and he gives you two euros saying enforce the order why did you do that because the the mayor which i apologize was not emphasized enough in our brief there was no underlying due process proceeding and joke and solacing mayor yet the court judge sneed specifically spent an enormous amount of times looking at the conduct of san francisco unified and that child in the school now he's not in school now was did this case go through the ninth circuit mediation program we are we did not we are presently in in with judge james and the underlying proceeding ok your time   it's characterized as an enforcement count to enforce the original september two thousand and six stupid order which act that time the parties were not complying with and were just were in dispute about and so that's really what should have gone to judge white and as judge white recognized with that order gone the only thing that he could consider as based on plaintiff's late reply was whether he had a proper proceeding before him under section fourteen fifteen to issue a stay put order p r l and he concluded that that is a narrow right under section fourteen fifteen you have to look at the procedural framework of the statute as a whole and what judge white was saying is that it's too early at this point for me to consider any issues under fourteen fifteen and therefore i do been exactly the services in the agreement and the ip even believe that this student required additional service to have full education and that's what that is that underlying dispute that would have gone to a due process hearing in december two thousand and six not the family not dismissed that case and as you pointed out if there was a dispute about the scope of that order and how it should be enforced and that is what should have been brought to the district court while the process was still proceeding and judge white could have rules and fashion an order as to how it applies the scope of the services that were required and then if there are issues at that point of the parties not complying the not would have taken another procedural step so at this point the remedy is no other administrative island well that's already taken place agreement and i e p and it has been communicated back to us that they still want some additional service this as part of stay put and our position as a state court is nothing additional it's just last agreed upon placement and so you know that point in the mediation that was mentioned is that for the mediation well because we have a district court action going and proceeding we've the parties have collectively agreed to use the services of the district court to mediate and try to settle issues from both forms so that's where we are in the settlement procedure but they did get an a march two thousand and seven stay put order and within weeks both of the defendants communicated that they would comply with that stay put order and what the issues in dispute the price they could order have been resolved and we were no longer taking the position right now whether or not that's a federal court issue or a state court issue in the proper jurisdiction on that case but that's something that would be litigated going forward for the parties thank you sir just like to conclude that i think that what's important to look at inspection fourteen fifteen as a procedural framework as a whole and what is an appropriate proceeding under that framework in which whatever the form is whether it's only age or just your court can issue an original stay put order the parties do not disagree that  put exists as soon as a dispute arose the question is the proper jurisdiction and the proper body that should be issuing that order and as judge white correctly recognized because he does not have a valid fourteen fifteen proceeding before him at this time o h was the proper issue and an original stay put or which was requested in the initial papers we had five bases we had an original thing that somewhere buried in the memorandum of points and authorities is a request for the district court to have an original stay put in order it wasn't very obvious it was requested there were five or original bases for jurisdiction it had to proceedings before it there was already exhaustion the court applied the wrong standard you do not have to mediation agreement being enforced before it which was just you asking for prospective relief replacement it had jurisdiction conferred upon it because it had a due process complaint before it filed by the school district the family had already exhausted and futility itself conferred jurisdiction on this court yet despite that back on january nineteenth two months later only issues in order it's now the end of the school year this child had missed an entire school year because the underlying court failed both parties in this case already are well familiar with that by the time these cases go through various administrative exhaustion and through the district court and then they go through the appellate process  it's a takes a long time and you know we still have the fact of r k is the subject of the litigation was not so well we have no authority with respect to your district court mediation i would only heard you  that you know our obligation of course is to look at i e s e to look at the jurisdictional issues to see whether or not the district court was correct here and we did put this on an expedited calendar for obvious reasons because of the child