No. 21-137

Amanda P., et vir, as Parents and Next Friends of T. P., a Minor Individual with a Disability v. Copperas Cove Independent School District

Lower Court: Fifth Circuit
Docketed: 2021-08-02
Status: Denied
Type: Paid
Response Waived
Tags: clear-error de-novo-review endrew-f-standard endrew-f-v-douglas-county free-appropriate-public-education individuals-with-disabilities-education-act judicial-deference retrospective-assessment standard-of-review
Key Terms:
DueProcess Privacy
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether de novo review or clear error is the standard of review applicable to the FAPE-determination under IDEA

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether de novo review or clear error is the standard of review applicable to the question of whether a school district has provided a free appropriate public education (“FAPE”) to a child with a disability under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. 1400 et seq. 2. In cases arising under the IDEA, whether judicial deference is owed to school district procedures that delay evaluation of students with disabilities or that otherwise violate the IDEA. 3. Whether a retrospective assessment of “some” or “objective” progress, regardless of how minimal, is sufficient to determine that a school district has provided FAPE under this Court’s holding in Endrew F. ex rel. Joseph F. v. Douglas Cty. Sch. Dist. RE-1, 1378. Ct. 988 (2017).

Docket Entries

2021-10-04
Petition DENIED.
2021-09-08
DISTRIBUTED for Conference of 9/27/2021.
2021-08-27
Waiver of right of respondent Copperas Cove Independent School District to respond filed.
2021-07-29
Petition for a writ of certiorari filed. (Response due September 1, 2021)

Attorneys

Amanda P, et al.
Andrew Kiernan CuddyCuddy Law Firm, P.C., Petitioner
Andrew Kiernan CuddyCuddy Law Firm, P.C., Petitioner
Copperas Cove Independent School District
Bridget R. RobinsonWalsh Gallegos Trevino Kyle & Robinson P.C., Respondent
Bridget R. RobinsonWalsh Gallegos Trevino Kyle & Robinson P.C., Respondent