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William V., et ux. v. Copperas Cove Independent School District

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-51046 · judgment September 14, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 3% cert probability

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

Question presented

I. The first question presented is: Is not specifically naming non-dispositive factors, when actually arguing the factors, a waiver of claims? II. A “child with a disability” under the Individuals with Disabilities Education Act (“IDEA”) must (i) have a qualifying disability; and (ii) “by reason thereof, need[ ] special education and related services.” 20 U.S.C. § 1401(3)(A). The second question presented is: When an IDEA-eligible child with a disability is inappropriately disqualified from special education, has a legally cognizable injury occurred? III. The third question presented is: When a child with a disability has not received the appropriate special education services in an identified area of need, is a parent required to show regression or de minimis progress to be entitled to substantive relief? IV. The fourth question presented is: What is the appropriate standard of review concerning questions of whether a student made appropriate progress under the IDEA?

Counsel of record

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

For respondent
Bridget R. Robinson
Walsh Gallegos Trevino Kyle & Robinson P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jun 16 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 02 2021
    Brief of respondent Copperas Cove Independent School District in opposition filed.
  4. Apr 21 2021
    Motion to extend the time to file a response is granted and the time is extended to and including June 2, 2021.
  5. Apr 20 2021
    Motion to extend the time to file a response from May 3, 2021 to June 2, 2021, submitted to The Clerk.
  6. Mar 29 2021
    Petition for a writ of certiorari filed. (Response due May 3, 2021)