No. 23-750

Jennica Carmona, Individually, and as Parent and Natural Guardian of B. A., et al. v. New Jersey Department of Education, et al.

Lower Court: Third Circuit
Docketed: 2024-01-10
Status: Denied
Type: Paid
Response Waived
Tags: administrative-exhaustion change-in-placement disability-rights due-process educational-placement equal-protection idea individuals-with-disabilities-education-act rehabilitation-act standing virtual-instruction
Key Terms:
Arbitration SocialSecurity ERISA DueProcess JusticiabilityDoctri
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Whether the move from in-person to virtual educational instruction and support services constitutes a change in placement under the Individuals with Disabilities Education Act (IDEA)

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the move from in-person to virtual educational instruction and _ support services constitutes a change in placement under the Individuals with Disabilities Education Act (TIDEA”). 2. Whether the panel erred in holding that wellestablished exceptions to the administrative exhaustion requirement applicable to the Individuals with Disabilities Education Act (“IDEA”) did not apply to Plaintiffs’ claims, thereby stripping them of standing. 3. Whether this Court should intervene to clarify and preserve the integrity of the exceptions to the administrative exhaustion requirement for Section 504 of the Rehabilitation Act of 1973 (“§ 504”), 29 U.S.C. § 794(a); 34 C.F.R. § 104.4(a), Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12132; 28 C.F.R. § 35.104, 42 U.S.C. § 1983 and the Equal Protection Clause of the Fourteenth Amendment claims based on the denial of Free Appropriate Public Education (“FAPE”) in light of this Court’s findings in Luna Perez v. Sturgis Public Schools, 598 U.S. 142.

Docket Entries

2024-03-18
Petition DENIED.
2024-02-28
DISTRIBUTED for Conference of 3/15/2024.
2024-02-23
2024-02-14
Waiver of right of respondents Toms River Regional Schools Board of Education and Thomas Gialnella to respond filed.
2024-02-09
Waiver of right of respondent Middle Township Board of Education to respond filed.
2024-02-09
Brief of respondents Audubon Public Schools and Dr. Andy Davis in opposition filed.
2024-02-09
Waiver of right of respondents Rumson - Fair Haven Regional Highschool District, et al. to respond filed.
2024-01-31
Waiver of right of respondents Roxbury Township Board of Education, improperly pled as Roxbury Township Public School District and Loretta Radulic, in her official capacity to respond filed.
2024-01-29
Waiver of right of respondents Lower Cape May Regional School District, Joseph Castellucci to respond filed.
2024-01-29
Waiver of right of respondents West Orange Board of Education and Middletown Board of Education to respond filed.
2024-01-08

Attorneys

Audubon Public Schools and Dr. Andy Davis
Jeffrey Paul CatalanoParker Mccay P.A., Respondent
Jeffrey Paul CatalanoParker Mccay P.A., Respondent
Jennica Carmona, et al.
Carissa Pearl ShipleyBrain Injury Rights Group, Petitioner
Carissa Pearl ShipleyBrain Injury Rights Group, Petitioner
Lower Cape May Regional School District, Joseph Castellucci
William Clawges MorlokGorman, D'Anella, and Morlok, LLC, Respondent
William Clawges MorlokGorman, D'Anella, and Morlok, LLC, Respondent
Middle Township Board of Education
William Stephen DonioCooper Levenson, Respondent
William Stephen DonioCooper Levenson, Respondent
Roxbury Township Board of Education, improperly pled as Roxbury Township Public School District and Loretta Radulic, in her official capacity
Robert E. LevyScarinci & Hollenbeck, LLC, Respondent
Robert E. LevyScarinci & Hollenbeck, LLC, Respondent
Rumson - Fair Haven Regional Highschool District, et al.
Roshan D. ShahAnderson & Shah, LLC, Respondent
Roshan D. ShahAnderson & Shah, LLC, Respondent
Toms River Regional Schools Board of Education and Thomas Gialnella
Brian James DuffHartman Duff, , Respondent
Brian James DuffHartman Duff, , Respondent
West Orange Board of Education and Middletown Board of Education
Eric Labes HarrisonMethfessel & Werbel, PC, Respondent
Eric Labes HarrisonMethfessel & Werbel, PC, Respondent