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Rosa Elba Ventura de Paulino v. New York City Department of Education, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-1662 · judgment May 18, 2020

Certiorari denied · January 11, 2021

Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a Second Circuit decision 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 Education Act ("IDEA"), 20 U.S.C. §1400, et seq.? If a school district has such an 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
Rory J. Bellantoni
Brain Injury Rights Group, Ltd.

For respondent
Barbara Dale Underwood
Solicitor General

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Orders
Order list, January 11, 2021 · Certiorari denied
Order list, March 8, 2021 · Rehearing denied

Proceedings

Mar 08 2021
Rehearing DENIED.
Feb 17 2021
DISTRIBUTED for Conference of 3/5/2021.
Feb 05 2021
Petition for Rehearing filed.
Jan 11 2021
Petition DENIED.
Dec 16 2020
DISTRIBUTED for Conference of 1/8/2021.
Dec 09 2020
Waiver of right of respondent New York State Education Department to respond filed.
Dec 04 2020
Waiver of right of respondent New York City Department of Education to respond filed.
Nov 19 2020
Petition for a writ of certiorari filed. (Response due December 28, 2020)