Supreme Court of the United States · Official docket →
T. B., Jr., By and Through His Parents, T. B., Sr., et ux. v. Prince George’s County Board of Education, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-1877 · judgment July 26, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Under this Court’s decision in Forest Grove School Dist. v. T.A., 557 U.S. 230 (2009), may a disabled student who was, for a period of years, deprived entirely of an appropriate education as guaranteed by the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (“IDEA”), be left entirely without any remedy?
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May an undisputed and “inexcusable” violation of IDEA’s Child Find requirement be entirely without remedy based on the lower court’s finding that the student’s precipitous educational decline and failure was solely attributable to the student himself, where the student was, for years, and despite 16 parental requests for an evaluation and special education, not evaluated and not identified as an eligible disabled student under IDEA, and not provided any appropriate special education supports to address his disabilities?
Counsel of record
For petitioner
Dennis C. McAndrews
McAndrews Law Offices, P.C.
For respondent
Andrew Wayne Nussbaum
Nussbaum Law, LLC
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 04 2019Petition DENIED.
- Feb 13 2019DISTRIBUTED for Conference of 3/1/2019.
- Jan 25 2019Brief of respondents Prince George’s County Board of Education, et al. in opposition filed.
- Dec 21 2018Petition for a writ of certiorari filed. (Response due January 28, 2019)