Supreme Court Report

Supreme Court of the United States · Official docket →

David Howard Plotkin v. Montgomery County Public Schools

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-2073 · judgment November 3, 2023


Certiorari denied · May 20, 2024
Pre-decision estimate: 0% cert probability

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

Question presented

When is a school district’s material failure to provide special education services included in a child’s Individual Education Program also a failure to provide a free appropriate public education guaranteed by the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.?

Counsel of record

For petitioner
David Plotkin

For respondent
Emily B. Rachlin
Montgomery County Public Schools

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 20 2024
    Petition DENIED.
  2. Apr 30 2024
    DISTRIBUTED for Conference of 5/16/2024.
  3. Apr 19 2024
    Waiver of right of respondent Montgomery County Public Schools to respond filed.
  4. Mar 27 2024
    Petition for a writ of certiorari filed. (Response due May 2, 2024)