No. 24-196

Jenn-Ching Luo v. Owen J. Roberts School District, et al.

Lower Court: Third Circuit
Docketed: 2024-08-21
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: disability-rights educational-placement individuals-with-disabilities-education-act stay-put-provision supreme-court-precedent third-circuit-ruling
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-11-22 (distributed 2 times)
Question Presented (AI Summary)

Can the Third Circuit disobey the Supreme Court's holding to rule that age 21 is a condition to end stay-put protection?

Question Presented (OCR Extract)

QUESTION PRESENTED This petition is regarding the stay-put provision, e.g., 20 U.S.C. §1415G), of the Individuals with Disabilities Education Act (“IDEA”). In Honig v. Doe, 484 U.S. 305, 306 (1988), the Supreme Court held: The "stay-put" provision prohibits state or local school authorities from unilaterally : excluding disabled children from the classroom for dangerous or disruptive conduct growing out of their disabilities during the pendency of review proceedings. Section 1415(e)(3) [recodified in §1415G@)] is unequivocal in its mandate that "the child shall remain in the then current educational placement" (emphasis added), and demonstrates a congressional intent to strip schools of the unilateral authority they had traditionally employed to exclude disabled students, particularly emotionally disturbed students, from school. Petitioner respectfully presents the following question: . Can the Third Circuit disobey the Supreme Court's holding to rule that age 21 is a condition to end stay-put protection? (ii)

Docket Entries

2024-11-25
Rehearing DENIED.
2024-11-06
DISTRIBUTED for Conference of 11/22/2024.
2024-10-29
Petition for Rehearing filed.
2024-10-21
Petition DENIED.
2024-10-08
Waiver of right of respondent Owen J. Roberts School District, et al. to respond filed.
2024-10-02
DISTRIBUTED for Conference of 10/18/2024.
2024-08-16
Petition for a writ of certiorari filed. (Response due September 20, 2024)

Attorneys

Jenn-Ching Luo
Jenn-Ching Luo — Petitioner
Owen J. Roberts School District, et al.
Karl A. Romberger Jr.Sweet Stevens Katz & Williams LLP, Respondent