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Cynthia Soria, et vir, Individually and as Parents and Natural Guardians of G. S. v. New York City Department of Education

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-2540 · judgment October 28, 2020


Certiorari denied · March 1, 2021
Pre-decision estimate: 5% cert probability

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

Question presented

Does a school district have an affirmative obligation to provide pendency-related educational and support services to its special education students under the Individuals with Disabilities Act ("IDEA"), 20 U.S.C. §1400, et seq.? If a school district has such an affirmative obligation, may the parent of a special education student procure the pendency services to which the student is entitled under the IDEA, when the district has failed to procure them?

Counsel of record

For petitioner
Karl Joseph Ashanti
Brain Injury Rights Group, Ltd.

For respondent
Eric Lee
New York City Law Department

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 01 2021
    Petition DENIED.
  2. Feb 10 2021
    DISTRIBUTED for Conference of 2/26/2021.
  3. Jan 30 2021
    Waiver of right of respondent New York City Department of Education to respond filed.
  4. Jan 26 2021
    Petition for a writ of certiorari filed. (Response due March 1, 2021)