Peninsula School District v. D.P.Petition for certiorari denied on February 21, 2012
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-539||9th Cir.||N/A||N/A||N/A||N/A||OT 2011|
Issue: (1) Under the Individuals with Disabilities Education Act (IDEA), what is the test for determining whether a plaintiff is “seeking relief that is also available under [IDEA],” thereby triggering the Act’s requirement that the plaintiff exhaust administrative remedies before filing suit? (2) When a plaintiff is in part “seeking relief also available under [IDEA],” must that plaintiff first exhaust the administrative remedies available under IDEA before pursuing any federal claim? (3) May a court reject a properly supported summary judgment motion and allow the non-moving party to amend its complaint to assert facts that contradict sworn deposition testimony?