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A. W., et al. v. Princeton Public Schools Board of Education, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 20-2433, 21-1502 · judgment March 15, 2022

Certiorari denied · January 9, 2023
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. May a school district condition its provision of special education and related services to a disabled child under the Individuals with Disabilities Educa­ tion Act, 20 U.S.C. 1400 et seq. (“IDEA”), on a parent’s agreement to prospectively waive the child’s federal statutory rights and civil rights?

  2. What steps must a parent take to invoke procedural safeguards under the IDEA, 20 U.S.C. 1415(f)(l)(B)(iv), to void an educational placement and settlement agreement (EPSA), within three days of execution?

  3. When an EPSA between a school district and parent (on behalf of a disabled child) states it is gov­ erned by state law, is a federal court bound to follow State Supreme Court precedent in deciding whether exculpatory provisions in the EPSA waiving the child’s prospective rights including state statutory and com­ mon law rights, are enforceable?

Counsel of record

For petitioner
Matthew S. Slowinski
Slowinski Atkins LLP

For respondent
Brett Elliot John Gorman
Parker McCay

Case

Conference history
Distributed for 3 conferences

Linked docket
22M8

Proceedings

  1. Jan 09 2023
    Motion for leave to file a reply with the supplemental appendix under seal and to seal the appendix to the brief in opposition GRANTED.
  2. Jan 09 2023
    Petition DENIED.
  3. Dec 14 2022
    DISTRIBUTED for Conference of 1/6/2023.
  4. Dec 09 2022
    Rescheduled.
  5. Nov 22 2022
    DISTRIBUTED for Conference of 12/9/2022.
  6. Nov 16 2022
    Motion for leave to file a reply with the supplemental appendix under seal and to seal the appendix to the brief in opposition filed by petitioner A. W., et al.
  7. Nov 16 2022
    Reply of petitioner A. W., et al. filed.
    Main DocumentOtherCertificate of Word CountProof of Service
  8. Nov 02 2022
    Brief of respondents Princeton Public Schools Board of Education, et al. in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  9. Oct 03 2022
    Motion (22M8) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
  10. Jul 13 2022
    MOTION (22M8) DISTRIBUTED for Conference of 9/28/2022.
  11. Jul 08 2022
    Motion (22M8) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  12. Jul 08 2022
    Petition for a writ of certiorari filed. (Response due November 2, 2022)
    PetitionAppendixCertificate of Word CountProof of Service