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D.D. v. Los Angeles Unified School District

Petition for certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 9th Circuit for further consideration in light of Perez v. Sturgis Public Schools on April 3, 2023.
Docket No. Op. Below Argument Opinion Vote Author Term
21-1373 9th Cir. N/A N/A N/A N/A OT 2022

Issues: (1) Whether Section 1415(l) of the Individuals with Disabilities Education Act requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA; and (2) whether, and in what circumstances, courts should excuse further exhaustion of the IDEA’s administrative proceedings under Section 1415(l) when such proceedings would be futile by virtue of settlement, or otherwise.

DateProceedings and Orders (key to color coding)
Feb 07 2022Application (21A404) to extend the time to file a petition for a writ of certiorari from February 17, 2022 to April 18, 2022, submitted to Justice Kagan.
Feb 09 2022Application (21A404) granted by Justice Kagan extending the time to file until April 18, 2022.
Apr 18 2022Petition for a writ of certiorari filed. (Response due May 23, 2022)
May 19 2022Brief of respondent Los Angeles Unified School District in opposition filed.
Jun 07 2022DISTRIBUTED for Conference of 6/23/2022.
Jun 21 2022Rescheduled.
Sep 07 2022DISTRIBUTED for Conference of 9/28/2022.
Mar 27 2023DISTRIBUTED for Conference of 3/31/2023.
Apr 03 2023Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Luna Perez v. Sturgis Public Schools, 598 U. S. ___ (2023).
Apr 24 2023Petition for Rehearing filed.
May 02 2023DISTRIBUTED for Conference of 5/18/2023.
May 22 2023Rehearing DENIED.
May 26 2023Judgment issued.