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Michael Bruno, as Parent, Guardian, and Next Friend of R. B., a Minor, et al. v. Northside Independent School District

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-50012 · judgment December 17, 2019


Certiorari denied · May 26, 2020
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

This petition follows appeals from an impartial due process hearing pursuant to the Individuals with Disabilities Education Act (IDEA), in which the parents alleged a denial of a free appropriate public education (FAPE) because, inter alia, the school district failed to provide “comparable services” under the Act after a student transferred from out of state. In this case, the district reduced the student’s programming from a fullday to a half-day program. The question presented is whether such a reduction is consistent with the mandate that the school district provide “similar” or “equivalent” services, as set forth in guidance from the U.S. Education Department.

Counsel of record

For petitioner
Andrew Kiernan Cuddy
Cuddy Law Firm, P.L.L.C.

For respondent
Stacy Adoree Tuer Castillo
Walsh, Gallegos, et al.

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. May 26 2020
    Petition DENIED.
  2. May 05 2020
    DISTRIBUTED for Conference of 5/21/2020.
  3. Apr 17 2020
    Brief of respondent Northside Independent School District in opposition filed.
  4. Apr 17 2020
    Brief amici curiae of Duke Children's Law Clinic et al. filed.
  5. Mar 16 2020
    Petition for a writ of certiorari filed. (Response due April 20, 2020)