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Kola Hasanaj v. Detroit Public Schools Community District, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-1488 · judgment May 19, 2022


Certiorari denied · May 30, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.

Questions presented

  1. Did Federal and State statutes targeting education reform to ensure access to high quality public education for all and specifically for immigrant, black and minority students, impose an enforceable mandate on individual school districts to comply with those legislative mandates?

  2. May Respondent Detroit Public Schools Community District (DPSCD), a perfect example of a District which was targeted because it embodied all of the problems and inequalities that the No Child Left Behind Act and subsequent legislation sought to address, evade implementation of such laws by illegally assigning teachers to classrooms outside their certified subject area, ignoring requirements of teacher evaluation laws, and then terminating them “to insulate itself from its violative conduct”? Dissenting Op., App. 31a.

  3. When a State enacts an education-reform law mandating a uniform statewide system to evaluate all teachers (regardless of tenure) and determine if they qualify for tenure, is this “mandatory language” binding on school districts that thus creates a Due Process expectation among teachers that the law will be followed?

  4. Does removing a teacher from teaching implicate a teacher’s Due Process property right in his or her teaching certificate and his liberty right to seek employment, under this Court’s precedents?

Counsel of record

For petitioner
Shanta Driver
Driver, Schon & Associates PLC

For respondent
Jenice Mitchell Ford
Detroit Public Schools Community District

Case

Conference history
Distributed for 1 conference

Linked docket
22A278

Proceedings

  1. May 30 2023
    Petition DENIED.
  2. May 09 2023
    DISTRIBUTED for Conference of 5/25/2023.
  3. May 03 2023
    Reply of petitioner Kola Hasanaj filed.
  4. Apr 19 2023
    Brief of respondents Detroit Public Schools Community District, et al. in opposition filed.
  5. Mar 15 2023
    Response to motion from petitioner Kola Hasanaj filed.
  6. Mar 15 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including April 19, 2023.
  7. Mar 14 2023
    Motion to extend the time to file a response from March 20, 2023 to April 19, 2023, submitted to The Clerk.
  8. Feb 09 2023
    Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2023.
  9. Feb 08 2023
    Motion to extend the time to file a response from February 16, 2023 to March 20, 2023, submitted to The Clerk.
  10. Dec 05 2022
    Petition for a writ of certiorari filed. (Response due February 16, 2023)
  11. Oct 03 2022
    Application (22A278) granted by Justice Kavanaugh extending the time to file until December 5, 2022.
  12. Sep 29 2022
    Application (22A278) to extend the time to file a petition for a writ of certiorari from October 6, 2022 to December 5, 2022, submitted to Justice Kavanaugh.