The federal appeals court gave the state yesterday until Dec. 11 to file its response to claims that it is doing irreparable harm to disabled students by shutting public schools on teacher furlough days.

The 9th U.S. Circuit Court of Appeals set the new deadline, one month earlier than previously set, in response to an appeal filed Thursday by Carl Varady and Susan Dorsey, attorneys for eight special-needs students. The plaintiffs had asked that the state be required to file its brief by Wednesday, but, said Dorsey, “;we're grateful that the court understood the urgency of hearing this motion because of the harm presented to these children.”;

On Nov. 9 federal Judge Wallace Tashima denied the plaintiffs' motion for an injunction.

The plaintiffs argue that the federal Disabilities Education Act prohibits the Department of Education from unilaterally changing service to disabled children.