No. 19-1043

Paul G., a Conserved Adult, By and Through His Conservator Steve G. v. Monterey Peninsula Unified School District, et al.

Lower Court: Ninth Circuit
Docketed: 2020-02-21
Status: Denied
Type: Paid
Tags: administrative-exhaustion administrative-procedures due-process-complaint exhaustion-requirement free-appropriate-public-education futility-exception individuals-with-disabilities-education-act local-educational-agency non-IDEA-claims relief-not-available-under-IDEA settlement-agreement
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Whether exhaustion of the administrative procedures provided by the Individuals with Disabilities in Education Act is required when Plaintiffs seek relief not available under the IDEA for non-IDEA claims

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW e Whether exhaustion of the administrative procedures provided by the Individuals with Disabilities in Education Act, 20 U.S.C. § 1415(), is required when Plaintiffs seek relief not available under the IDEA for non-IDEA claims that have been determined to involve a denial of a free appropriate public education. e Whether the established futility exception to the IDEA’s exhaustion requirements applies, where Plaintiff has attained all relief available under the IDEA and seeks only relief not available under the IDEA for violations under related (non-IDEA) provisions of law. e Whether Petitioners met the IDEA’s exhaustion requirement by filing a due process complaint and entering into a written settlement agreement with the respective local educational agency.

Docket Entries

2020-04-20
Petition DENIED.
2020-04-01
DISTRIBUTED for Conference of 4/17/2020.
2020-03-18
Brief of respondent California Department of Education in opposition filed.
2020-02-19
Petition for a writ of certiorari filed. (Response due March 23, 2020)

Attorneys

California Department of Education
Elizabeth Sydney SteinCalifornia Department of Education, Respondent
Paul G., et al.
Colleen Ann Snyder HolcombRudernian & Knox, LLP, Petitioner