Supreme Court of the United States · Official docket →
Jennica Carmona, Individually, and as Parent and Natural Guardian of B. A., et al. v. New Jersey Department of Education, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 22-2874 · judgment September 8, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the move from in-person to virtual educational instruction and support services constitutes a change in placement under the Individuals with Disabilities Education Act (“IDEA”).
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Whether the panel erred in holding that wellestablished exceptions to the administrative exhaustion requirement applicable to the Individuals with Disabilities Education Act (“IDEA”) did not apply to Plaintiffs’ claims, thereby stripping them of standing.
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Whether this Court should intervene to clarify and preserve the integrity of the exceptions to the administrative exhaustion requirement for Section 504 of the Rehabilitation Act of 1973 (“§ 504”), 29 U.S.C. § 794(a); 34 C.F.R. § 104.4(a), Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12132; 28 C.F.R. § 35.104, 42 U.S.C. § 1983 and the Equal Protection Clause of the Fourteenth Amendment claims based on the denial of Free Appropriate Public Education (“FAPE”) in light of this Court’s findings in Luna Perez v. Sturgis Public Schools, 598 U.S. 142.
Counsel of record
For petitioner
Carissa Pearl Shipley
Brain Injury Rights Group
For respondent
Jeffrey Paul Catalano
Parker Mccay P.A.
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 18 2024Petition DENIED.
- Feb 28 2024DISTRIBUTED for Conference of 3/15/2024.
- Feb 23 2024Reply of petitioners Jennica Carmona, et al. filed.
- Feb 14 2024Waiver of right of respondents Toms River Regional Schools Board of Education and Thomas Gialnella to respond filed.
- Feb 09 2024Waiver of right of respondent Middle Township Board of Education to respond filed.
- Feb 09 2024Brief of respondents Audubon Public Schools and Dr. Andy Davis in opposition filed.
- Feb 09 2024Waiver of right of respondents Rumson - Fair Haven Regional Highschool District, et al. to respond filed.
- Jan 31 2024Waiver of right of respondents Roxbury Township Board of Education, improperly pled as Roxbury Township Public School District and Loretta Radulic, in her official capacity to respond filed.
- Jan 29 2024Waiver of right of respondents Lower Cape May Regional School District, Joseph Castellucci to respond filed.
- Jan 29 2024Waiver of right of respondents West Orange Board of Education and Middletown Board of Education to respond filed.
- Jan 08 2024Petition for a writ of certiorari filed. (Response due February 9, 2024)