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R. F., a Minor Child, By and Through Her Parents and Next Friends, E. F. and H. F., et al. v. Cecil County Public Schools

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1780 · judgment March 25, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and a Fourth Circuit decision below.

Question presented

This case raises the question of whether, pursuant to 20 U.S.C. § 1415(E)(ii),1 a hearing officer may find a denial of a free appropriate education solely because the school district’s violations of the Act’s procedural safeguards “significantly impeded the parents’ opportunity to participate in the decisionmaking process regarding the provision of a free appropriate public education to the parents’ child,” or whether the parents must prove separately and additionally that the child was denied a free appropriate education or deprived of educational benefit as a matter of fact. 1 20 U.S.C. § 1415(E)(ii) provides that, for procedural issues, a hearing officer may find that a child did not receive a free appropriate education “only if the procedural inadequacies (I) impeded the child’s right to a free appropriate public education; (II) significantly impeded the parents’ opportunity to participate in the decisionmaking process regarding the provision of a free appropriate public education to the parents’ child; or (III) caused a deprivation of education benefits.

Counsel of record

For petitioner
Wayne Darryl Steedman
The Steedman Law Group

For respondent
Rochelle Stutman Eisenberg
Pessin Katz Law, P.A.

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 7, 2019 · Certiorari denied

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Aug 14 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Aug 12 2019
    Reply of petitioners R.F., a minor child, by and through her PARENTS, et al. filed.
  4. Jul 29 2019
    Brief of respondent Cecil Count y Public Schools in opposition filed.
  5. Jun 24 2019
    Petition for a writ of certiorari filed. (Response due July 29, 2019)