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W.A., Individually and on Behalf of W.E., et al. v. Hendrick Hudson Central School District

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-3248, 17-3313 · judgment June 14, 2019


Certiorari denied · January 21, 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.

Questions presented

  1. When a school district defaults on its obligations to provide a student with a disability a free appropriate public education (FAPE) as guaranteed by the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (the IDEA), what is the standard to determine whether a parent’s private placement is proper under the Act?

  2. What is the level of deference that a district court must provide to the state proceeding on the issue of whether a private school is appropriate?

Counsel of record

For petitioner
Marion M. Walsh
Littman Krooks LLP

For respondent
Daniel Petigrow
Thomas, Drohan, Waxman, Petigrow & Mayle, LLP

Case

Conference history
Distributed for 1 conference

Linked docket
19A256

Proceedings

  1. Jan 21 2020
    Petition DENIED.
  2. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  3. Dec 26 2019
    Reply of petitioners W.A., Individually and on Behalf of W.E., et al. filed. (Distributed)
  4. Dec 16 2019
    Brief of respondent Hendrick Hudson Central School District in opposition filed.
  5. Nov 12 2019
    Petition for a writ of certiorari filed. (Response due December 16, 2019)
  6. Sep 05 2019
    Application (19A256) granted by Justice Ginsburg extending the time to file until November 11, 2019.
  7. Aug 29 2019
    Application (19A256) to extend the time to file a petition for a writ of certiorari from September 12, 2019 to November 11, 2019, submitted to Justice Ginsburg.