No. 18-815

T. B., Jr., By and Through His Parents, T. B., Sr., et ux. v. Prince George’s County Board of Education, et al.

Lower Court: Fourth Circuit
Docketed: 2018-12-28
Status: Denied
Type: Paid
Tags: child-find child-find-requirement disability-accommodation educational-decline educational-rights forest-grove-school-dist-v-ta forest-grove-school-district-v-ta individuals-with-disabilities-education-act parental-requests procedural-violation special-education special-education-supports
Key Terms:
DueProcess
Latest Conference: 2019-03-01
Question Presented (AI Summary)

Whether a disabled student deprived of an appropriate education under IDEA may be left without a remedy

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Under this Court’s decision in Forest Grove School Dist. v. T.A., 557 U.S. 230 (2009), may a disabled student who was, for a period of years, deprived entirely of an appropriate education as guaranteed by the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (“IDEA”), be left entirely without any remedy? 2. May an undisputed and “inexcusable” violation of IDEA’s Child Find requirement be entirely without remedy based on the lower court’s finding that the student’s precipitous educational decline and failure was solely attributable to the student himself, where the student was, for years, and despite 16 parental requests for an evaluation and special education, not evaluated and not identified as an eligible disabled student under IDEA, and not provided any appropriate special education supports to address his disabilities?

Docket Entries

2019-03-04
Petition DENIED.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2019-01-25
Brief of respondents Prince George’s County Board of Education, et al. in opposition filed.
2018-12-21
Petition for a writ of certiorari filed. (Response due January 28, 2019)

Attorneys

Prince George’s County Board of Education, et al.
Andrew Wayne NussbaumNussbaum Law, LLC, Respondent
T. B., Jr., By and Through His Parents, T. B., Sr., et ux.
Dennis C. McAndrewsMcAndrews Law Offices, P.C., Petitioner