No. 23-507

Rita C. Simpson-Vlach, et vir, on Behalf of A. S. and M. S., et al. v. Michigan Department of Education, et al.

Lower Court: Sixth Circuit
Docketed: 2023-11-14
Status: Denied
Type: Paid
Response Waived
Tags: article-iii-standing disability-rights due-process education educational-access idea idea-compliance procedural-requirements remote-learning standing
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Did the Petitioners allege an injury-in-fact sufficient to confer standing?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Disabled students, unlike non-disabled students, are unable to be educated remotely. Did the Petitioners, disabled students and their parents, allege an injury-in-fact sufficient to confer standing to challenge the denial of their statutorily protected right to an education by the Department of Education and various school districts when the latter transitioned to remote learning without complying with the procedural requirements of the IDEA? 2. Are Petitioners’ claims for prospective relief moot despite the continuing likelihood of future school closures?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-31
DISTRIBUTED for Conference of 2/16/2024.
2024-01-30
Reply of petitioners Rita C. Simpson-Vlach, et al. filed. (Distributed)
2024-01-16
Brief of respondents Washtenaw Intermediate School District, et al. filed.
2023-12-06
Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2024. See Rule 30.1.
2023-11-30
Waiver of right of respondents Ann Arbor Public Schools, Dr. Jeanice Kerr Swift and Dr. Marianne Fidishin to respond filed.
2023-11-30
Motion of respondent Washtenaw Intermediate School District to extend the time to file a response from December 14, 2023 to January 15, 2024, submitted to The Clerk.
2023-11-29
Waiver of right of respondents Mich Dep’t of Educ and Dr. Michael Rice to respond filed.
2023-11-09
Petition for a writ of certiorari filed. (Response due December 14, 2023)
2023-09-05
Application (23A207) granted by Justice Kavanaugh extending the time to file until November 9, 2023.
2023-08-29
Application (23A207) to extend the time to file a petition for a writ of certiorari from September 10, 2023 to November 9, 2023, submitted to Justice Kavanaugh.

Attorneys

Ann Arbor Public Schools, Dr. Jeanice Kerr Swift and Dr. Marianne Fidishin
Richard J. LandauRJ Landau Partners PLLC, Respondent
Richard J. LandauRJ Landau Partners PLLC, Respondent
Michigan Department of Education and Dr. Michael Rice
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Rita C. Simpson-Vlach, et al.
Rory J. BellantoniBrain Injury Rights Group, Ltd., Petitioner
Rory J. BellantoniBrain Injury Rights Group, Ltd., Petitioner
Carissa Pearl ShipleyBrain Injury Rights Group, Petitioner
Carissa Pearl ShipleyBrain Injury Rights Group, Petitioner
Washtenaw Intermediate School District, et al.
Timothy J. MullinsGiarmarco. Mullins & Horton, PC, Respondent
Timothy J. MullinsGiarmarco. Mullins & Horton, PC, Respondent