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Paul G., a Conserved Adult, By and Through His Conservator Steve G. v. Monterey Peninsula Unified School District, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-16536 · judgment August 12, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
• Whether exhaustion of the administrative procedures provided by the Individuals with Disabilities in Education Act, 20 U.S.C. § 1415(l), is required when Plaintiffs seek relief not available under the IDEA for non-IDEA claims that have been determined to involve a denial of a free appropriate public education. • Whether the established futility exception to the IDEA’s exhaustion requirements applies, where Plaintiff has attained all relief available under the IDEA and seeks only relief not available under the IDEA for violations under related (non-IDEA) provisions of law. • Whether Petitioners met the IDEA’s exhaustion requirement by filing a due process complaint and entering into a written settlement agreement with the respective local educational agency.
Counsel of record
For petitioner
Colleen Ann Snyder Holcomb
Rudernian & Knox, LLP
For respondent
Elizabeth Sydney Stein
California Department of Education
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 20 2020Petition DENIED.
- Apr 01 2020DISTRIBUTED for Conference of 4/17/2020.
- Mar 18 2020Brief of respondent California Department of Education in opposition filed.
- Feb 19 2020Petition for a writ of certiorari filed. (Response due March 23, 2020)