Supreme Court Report

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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: the model weighted this down for a self-represented petitioner.

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

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

Conference history
Distributed for 1 conference

Order
Order list, May 20, 2024 · Certiorari denied

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)