No. 20-8245

Shkelqesa Dervishi v. Department of Special Education, et al.

Lower Court: Second Circuit
Docketed: 2021-06-08
Status: Denied
Type: IFP
IFP
Tags: 20-usc-1415 compensatory-education disability-rights disabled-student-protections due-process local-education-agency procedural-rights special-education-law stay-put stay-put-provision
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether 20 U.S.C. § 1415 protects a disabled student's right during the 'stay-put' and requires a local education agency to maintain the stay put placement of the student during the pendency of the proceedings under 20 U.S.C. § 1415

Question Presented (OCR Extract)

No question identified. : I. Whether 20 U.S.C. § 1415() protect a disable student’s right during the “stay-put” and requires a local education agency (“LEA”) to maintain at LEA expense the stay put placement of the student during the pendency of the proceedings under 20 U.S.C. § 1415. I. Whether the panel’s order affirming the District Court’s decision conflicts with the prior panel’s order of the Second Circuit remanded for further proceeding to the district court pursuant to 20 U.S.C. § 1415(), conflicts with the opinion of the Supreme Court and other U.S Circuit Courts. Ill. Whether compensatory education as prospective equitable relief is warranted given the | , school board’s failure to abide by the automatic and unconditional pendency entitlement, for a period of almost six years. , | |

Docket Entries

2021-10-04
Petition DENIED.
2021-07-22
DISTRIBUTED for Conference of 9/27/2021.
2021-07-02
Brief of respondents Dept. of Special Education, et al. in opposition filed.
2021-05-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2021)

Attorneys

Dept. of Special Education, et al.
Richard John ButurlaBerchem Moses P.C, Respondent
Shkelqesa Dervishi
Shkelqesa Dervishi — Petitioner