Encinitas Union School District has fully resolved the litigation in S.E. et al. v. Grey, et al. On September 14, 2026, the Court approved the minors’ compromises, vacated the preliminary injunction, and dismissed the case with prejudice.
EUSD’s decision to settle reflects its longstanding priority of responsible stewardship of public resources and its determination that continued litigation would detract from the District’s core educational mission. The settlement allows EUSD to put this litigation behind it and remain focused on its students, their families, educators, and school community.
“There are no winners when limited public education resources are diverted from classrooms to prolonged litigation,” said Marisa Janine-Page, co-counsel for the EUSD Defendants. “That is why the District chose to resolve this case, so it could put the litigation behind it and move forward focused on its students and its educational mission. EUSD’s policies were updated in August 2025 in direct response to the Supreme Court’s decision in Mahmoud v. Taylor and in preparation for the new school year. Those policy updates were not part of this settlement.”
EUSD adopted its current policies on August 19, 2025, in direct response to the U.S. Supreme Court’s decision in Mahmoud v. Taylor and in preparation for the start of the new school year. The policy updates came nearly a year after this lawsuit was filed, months after entry of the preliminary injunction, and nearly a year before the parties reached a settlement. The settlement agreement requires no change to EUSD’s policies. EUSD withdrew its appeal of the preliminary injunction after determining that, in light of Mahmoud and the District’s updated policies, continuing the appeal was no longer a fiscally responsible use of the District’s limited resources.
The litigation concluded by settlement, without a trial or final adjudication of the parties’ disputed factual allegations. The parties expressly agreed that the settlement does not constitute an admission or concession concerning the merits of any claim, defense, allegation, or position in the case; does not constitute an admission of liability or wrongdoing by EUSD or its employees; and does not constitute a determination that any party prevailed on the merits.
Consistent with its approach throughout this litigation, EUSD will not engage in competing narratives or litigate the case through the media.
Throughout this litigation, EUSD’s teachers, administrators, staff, and Board members have remained steadfastly focused on providing an exceptional educational experience for every student. EUSD is deeply grateful for their professionalism, resilience, and unwavering commitment to students despite the challenges and distractions of this litigation.
Above all, EUSD remains guided by its values of joy, belonging, service, integrity, and innovation and will continue providing a high-quality educational environment that ignites the limitless potential of all learners. Educating and inspiring young people to become thoughtful, empowered, and contributing members of their communities will continue to be the District’s focus.
