Whether the Due Process Clause permits a 13-day interim suspension without notice or an exigency claim that merged into an eight-month suspension, using the same evidence to justify both deprivations

1. Whether the Due Process Clause permits a 13-day interim suspension —without notice or an exigency claim —that merged into an eight month suspension, where the same evidence was used to justify both deprivations? 2. Whether claims under Titles II and V of the ADA may be dismissed on state law or Eleventh Amendment grounds, and whether a state law school must subject itself suit under the ADA? 3. Whether, under Title II of the ADA and the Due Process Clause, a school may condition access to education on a student ’s submission to a psychiatric exam, absent an exigency claim, where protected speech was the but-for cause of the ordered exam, and whether the First and Fourteenth Amendment require heightened or strict scrutiny review of the claim? 4. Whether an ADA Title V retaliation claim requires the plaintiff to prove retaliatory motive as a threshold element, and whether heightened scrutiny applies when protected speech triggered the state action? 5. Whether review of a Rule 56 motion allows judicial discretion in (1) the evidentiary standard applied, and (2) the use of credibility determinations?