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D. C., By His Parents and Guardians, Trevor Chaplick and Vivian Chaplick, et al. v. Fairfax County School Board, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 23-1854 · judgment March 19, 2026


Certiorari denied · October 5, 2026
Pre-decision estimate: 12% cert probability (95% interval 7%–19%)

Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a petition citing three to ten dissents.

Question presented

The Individuals with Disabilities Education Act (“IDEA”) establishes a set of requirements designed to ensure that all children receive a free appropriate public education. The IDEA also guarantees an opportunity for “an impartial due process hearing” to address any issue related to a particular child’s education. Such due process hearings are individualized proceedings limited to addressing educational plans for particular disabled children; hearing officers are not empowered to resolve system-wide problems or flaws in the due process hearing system itself. In this case, Petitioners—children and parents in the Fairfax County, Virginia public school system— brought suit in district court to challenge the manner in which the state and local IDEA administrative process operates at every stage, asserting a host of pervasive and systemic defects. A divided panel of the Fourth Circuit ordered the suit dismissed. Notwithstanding a hearing officer’s inability to resolve such claims, the majority held that plaintiffs may not challenge systemic failures in the IDEA due process hearing system without first exhausting administrative remedies within that system itself. Dissenting, Judge Gregory explained that administrative exhaustion would be futile, noting that other courts of appeals, including the Second and Third Circuits, have held that exhaustion of administrative remedies is not required in such circumstances. The question presented is: Whether plaintiffs bringing a system-wide challenge to the IDEA due process hearing system may do so without first exhausting remedies in individualized administrative proceedings.

Counsel of record

For petitioner
Charles Rothfeld
Mayer Brown LLP

For respondent
John F. Cafferky
Blankingship & Keith, P.C.

Case

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

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Linked docket
25A1328

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Sep 18 2026
    Brief amici curiae of Professor James J. Wheaton, et al. filed. (Distributed)
  3. Sep 10 2026
    Brief amicus curiae of Disability Rights Texas filed. (Distributed)
  4. Aug 26 2026
    DISTRIBUTED for Conference of 9/28/2026.
  5. Aug 24 2026
    Waiver of right of respondents Virginia Department of Education; Jenna Conway, Superintendent of Public Instruction to respond filed.
  6. Aug 24 2026
    Waiver of right of respondents Fairfax Cty. Sch. Bd., Dr. Michelle Reid, Superintendent of Fairfax County Public School to respond filed.
  7. Aug 17 2026
    Petition for a writ of certiorari filed. (Response due September 18, 2026)
  8. Jun 04 2026
    Application (25A1328) granted by The Chief Justice extending the time to file until August 16, 2026.
  9. May 26 2026
    Application (25A1328) to extend the time to file a petition for a writ of certiorari from June 17, 2026 to August 16, 2026, submitted to The Chief Justice.