In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

While R.E. concerned the use of retrospective testimony by DOE to support a finding that it provided a child a FAPE, the court’s rejection of E.Z.-L.’s substantive challenge introduced doubt about whether parents could prospectively challenge their child’s educational placement without first enrolling the child in the recommended placement school. DOE argued that R.E. foreclosed all such prospective challenges on the basis that they are inherently speculative. The argument found some acceptance. See, e.g., E.E. v. N.Y.C. Dep’t of Educ., No. 13 Civ. 6709, 2014 WL 4332092, at *10 (S.D.N.Y. Aug. 21, 2014) (rejecting prospective challenge as “impermissibly speculative and premature”); P.S. v. N.Y.C. Dep’t of Educ., No. 13 Civ. 4772, 2014 WL 3673603, at *13 (S.D.N.Y. July 24, 2014) (<HOLDING>). But most courts did not adopt this hardline 
 Holding statements: (A) holding that no special relationship existed between the school and student (B) holding that a students private school tuition should be reimbursed where parent did not unilaterally place student in private school because the school district tacitly consented to the private school attendance before proposing a different placement (C) holding that the sro correctly concluded that a challenge tothe does choice of school is improper where the student never attended the school (D) holding that where a high school student and the students mother received adequate notice of the charges had sufficient opportunity to prepare for the meeting with school personnel were accorded an orderly hearing and were given a fair and impartial decision no due process violation occurred even though the school failed to provide advance notice that the potential disciplinary actions included a transfer to another school (E) holding that a school district owed the highest degree of care to a student on a school bus such that the district could be liable for the sexual abuse of the student by the school bus driver
(C)

unpublished decisions, “[njoticeably absent from the list of factors Pruitt instructs district courts to consider are the merits and substance of the pro se plaintiffs claim.” Rivera v. Kettle Moraine Correctional Inst., No. 14-C-6, 2014 WL 2875897, at *4 (E.D. Wis. June 24, 2014); Kennedy v. Huibregtse, No. 13-C-4, 2014 WL 4924662, at *15 (E.D. Wis. Sept. 30, 2014). On appeal from an adverse judgment in a case where the district court abused its discretion in denying a motion to recruit; the Court of Appeals will consider whether “there is a reasonable likelihood that the presence of counsel would have made a difference in the outcome of the litigation” in assessing whether the district court’s abuse of its discretion was prejudicial. Pruitt, 503 F.3d at 659 (italics original r. 2002) (<HOLDING>); Mars v. Hanberry, 752 F.2d 254, 256 (6th Cir. 
 Holding statements: (A) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation (B) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (C) holding that prisoner must allege acts or omissions evidencing deliberate indifference to serious medical needs (D) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (E) holding that plaintiffs claim must have arguable merit meaning that plaintiffs allegations clearly state a nonfrivolous prima facie case of deliberate indifference to a serious medical need and that the already established evidence indicates more than an extremely slim chance of success on the merits
(E)

that “discriminating among religions” in the workplace is “subject to strict scrutiny”)(citing Larson v. Valente, 456 U.S. 228, 246, 102 S.Ct. 1673, 72 L.Ed.2d 33 (1982)). Because the right here is to be free from an alleged discriminatory conspiracy to demote employees based on their religion, the particular adverse employment action does not appear important to the analysis whether the right to be free from workplace discrimination based on religion is clearly established. Nevertheless, the Tenth Circuit in August, 2010, found a reassignment, with significantly less monetary loss, and less of a demotion in job title and responsibilities, qualified as an adverse employment action for disparate-treatment discrimination purposes. See Jones v. Oklahoma City Pub. Sch., 617 F.3d at 1279-80 (<HOLDING>). Thus,, notwithstanding that the right to be 
 Holding statements: (A) holding that a materially adverse action is of the magnitude of a termination of employment or a decrease in salary or a material loss in benefits (B) holding that potentially indefinite suspension of employee from work without pay could constitute materially adverse employment action even where employer awards full backpay for the entire period and that reassignment of responsibilities could constitute materially adverse employment action even absent demotion (C) holding a transfer or reassignment may rise to the level of an adverse employment condition if it is a significant change in working conditions (D) recognizing possible adverse action where reassignment left plaintiff with significantly different  and diminished  supervisory and programmatic responsibilities (E) holding that a teachers reassignment with a 17000 decrease in salary to take place one year following a teachers reassignment constituted an adverse employment action notwithstanding that the teacher was not demoted

(E)