No. 22-697

Heather B., Parent and Next Friend of S. S., et al. v. Houston Independent School District, et al.

Lower Court: Fifth Circuit
Docketed: 2023-01-26
Status: Denied
Type: Paid
Response Waived
Tags: child-find civil-rights disability-rights due-process idea-compliance individuals-with-disabilities-education-act parental-notice private-school private-schools special-education standing state-school-districts
Key Terms:
DueProcess
Latest Conference: 2023-03-03
Question Presented (AI Summary)

Whether parents of a previously IDEA eligible blind student attending a private school bear any responsibility to give notice of their child's needs to a state or school district as a pre-condition for a state or school district's compliance with its affirmative Child-Find obligation under the IDEA?

Question Presented (OCR Extract)

QUESTION PRESENTED The Individuals with Disabilities Education Act (IDEA) requires states and school districts to identify, locate and evaluate children with disabilities including those attending private schools. 20 U.S.C. § 1412(a)(3)(A), 20 U.S.C. § 1412(a)(10)(A). The IDEA requires each state and school district to have policies and procedures and a practical method in place to ensure that children are timely identified, a duty known as Child Find. The question presented is: 1. Whether parents of a previously IDEA eligible blind student attending a private school bear any responsibility to give notice of their child’s needs to a state or school district as a pre-condition for a state or school district’s compliance with its affirmative Child Find obligation under the IDEA?

Docket Entries

2023-03-06
Petition DENIED.
2023-02-15
DISTRIBUTED for Conference of 3/3/2023.
2023-02-08
Waiver of right of respondent Texas Education Agency to respond filed.
2023-01-30
Waiver of right of respondent Pearland Independent School District to respond filed.
2023-01-27
Waiver of right of respondent Houston Independent School District to respond filed.
2023-01-20
Petition for a writ of certiorari filed. (Response due February 27, 2023)

Attorneys

Heather B.
Sonja D. KerrConnell Michael Kerr, LLP, Petitioner
Houston Independent School District
Jonathan Griffin BrushRogers, Morris & Grover, L.L.P., Respondent
Pearland Independent School District
Merri Schneider-VogelThompson & Horton LLP, Respondent
Texas Education Agency
Allison Marie CollinsTexas Office of the Attorney General, Respondent