Supreme Court of the United States · Official docket →
Anne Davis, on Behalf of Braeden Davis v. District of Columbia
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-7134 · judgment August 15, 2023
Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a circuit split argued in the petition, and down for a state or local-government respondent.
Questions presented
The Individuals with Disabilities Education Act (IDEA) ensures that children with disabilities have access to an educational plan tailored to their unique needs, and it sets forth procedures for resolving disputes between families and school officials over the development and implementation of that plan. Section 1415(j) of the IDEA, known as the “stay-put” provision, guarantees that “during the pendency of any [IDEA] proceedings” related to such disputes, the child “shall remain in [the child’s] then-current educational placement.” 20 U.S.C. § 1415(j). The questions presented are:
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Whether and to what extent Section 1415(j) imposes obligations on school officials when a child’s exact pre-dispute educational placement is no longer available.
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Whether Section 1415(j)’s stay-put mandate applies during the appeal of an adverse district court decision resolving an IDEA dispute.
Counsel of record
For petitioner
Roman Martinez V
Latham & Watkins, LLP
For respondent
Caroline Sage Van Zile
Office of the Attorney General for D.C.
Proceedings
- Jun 24 2024Petition DENIED.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 04 2024Reply of petitioner Anne Davis, on Behalf of Braeden Davis filed. (Distributed)
- May 30 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 28 2024Brief of respondent District of Columbia in opposition filed.
- Apr 26 2024Motion to extend the time to file a response is granted in part and the time is extended to and including May 28, 2024.
- Apr 25 2024Motion to extend the time to file a response from May 17, 2024 to July 1, 2024, submitted to The Clerk.
- Apr 25 2024Response to motion to extend the time to file a response from petitioner filed.
- Apr 17 2024Response Requested. (Due May 17, 2024)
- Apr 03 2024DISTRIBUTED for Conference of 4/19/2024.
- Mar 27 2024Waiver of right of respondent District of Columbia to respond filed.
- Mar 27 2024Brief amici curiae of Council of Parent Attorneys and Advocates filed.
- Feb 22 2024Petition for a writ of certiorari filed. (Response due March 28, 2024)
- Dec 18 2023Application (23A561) granted by The Chief Justice extending the time to file until February 23, 2024.
- Dec 14 2023Application (23A561) to extend the time to file a petition for a writ of certiorari from December 26, 2023 to February 23, 2024, submitted to The Chief Justice.