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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.21-1373
Op. Below9th Cir.

Issue

(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.

Proceedings & orders timeline

Feb 7, 2022
Application (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 9, 2022
Application (21A404) granted by Justice Kagan extending the time to file until April 18, 2022.
Apr 18, 2022
Petition for a writ of certiorari filed. (Response due May 23, 2022)
May 19, 2022
Brief of respondent Los Angeles Unified School District in opposition filed.
Jun 7, 2022
DISTRIBUTED for Conference of 6/23/2022.
Jun 21, 2022
Rescheduled.
Sep 7, 2022
DISTRIBUTED for Conference of 9/28/2022.
Mar 27, 2023
DISTRIBUTED for Conference of 3/31/2023.
Apr 3, 2023
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Luna Perez v. Sturgis Public Schools, 598 U. S. ___ (2023).
Apr 24, 2023
Petition for Rehearing filed.
May 2, 2023
DISTRIBUTED for Conference of 5/18/2023.
May 22, 2023
Rehearing DENIED.
May 26, 2023
Judgment issued.

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