No. 21-8126

Alex Clarfeld, Individually and on Behalf of His Minor Child, P. M. v. Hawaii Department of Education

Lower Court: Ninth Circuit
Docketed: 2022-06-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: disability-law due-process educational-placement individuals-with-disabilities-education-act prior-written-notice procedural-rights school-officials special-education stay-put-provision unilateral-placement-change
Key Terms:
DueProcess Privacy
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Does the 'stay-put' provision of the Individuals with Disabilities Education Act imply a right to prevent school officials from unilaterally changing a previously accepted placement prior to the initiation of proceedings?

Question Presented (OCR Extract)

QUESTIONS PRESENTED A. Does the “stay-put” provision of the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §1415G), which requires that during the pendency of proceedings, a child must remain in their then-current educational placement, and which indicates a clear intent to minimize disruption to a ; child’s education, imply a right to prevent school officials from unilaterally changing a previously accepted placement prior to the initiation of proceedings? B. Does the “stay-put” provision imply a right to the prior written notice required by 20 U.S.C. §1415(b)(8), when school officials seek to change a . bilateral placement prior to the initiation of proceedings? . 2

Docket Entries

2022-10-03
Petition DENIED.
2022-06-30
DISTRIBUTED for Conference of 9/28/2022.
2022-06-15
Waiver of right of respondent Hawaii Department of Education to respond filed.
2022-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 14, 2022)

Attorneys

Alex Clarfeld
Alex Clarfeld — Petitioner
Hawaii Department of Education
Kunio KuwabeState of Hawaii, Department of the Atty. General, Respondent