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K.M. v. Adams

Certiorari Denied

Petition for certiorari denied on June 26, 2023.

Docket No.22-840
Op. Below2nd Cir.

Issue

Whether the Individuals with Disabilities Education Act"s requirement that administrative remedies be exhausted before a judicial challenge under the act may be brought is jurisdictional, or rather a claim-processing rule that must be raised as an affirmative defense that may be waived.

Proceedings & orders timeline

Nov 22, 2022
Application (22A464) to extend the time to file a petition for a writ of certiorari from December 29, 2022 to February 27, 2023, submitted to Justice Sotomayor.
Nov 30, 2022
Application (22A464) granted by Justice Sotomayor extending the time to file until February 27, 2023.
Feb 27, 2023
Petition for a writ of certiorari filed. (Response due April 3, 2023)
Mar 6, 2023
Waiver of right of respondent Austin Independent School District to respond filed.
Mar 7, 2023
Waiver of right of respondents Middletown Township Public Schools, West Orange Public Schools, Cherry Hill Public Schools and Readington Township Public Schools to respond filed.
Mar 8, 2023
Waiver of right of respondents Eric L. Adams, David C. Banks, New York City Department of Education to respond filed.
Mar 28, 2023
Waiver of right of respondent New York State Department of Education to respond filed.
Mar 28, 2023
Waiver of right of respondent Pennsylvania Department of Education to respond filed.
Mar 31, 2023
Waiver of Ashford Board of Education, et al. of right to respond not accepted for filing. (March 31, 2023)
Mar 31, 2023
Waiver of right of respondents Ashford Board of Education, et al. to respond filed.
Mar 31, 2023
Supplemental brief of petitioners K. M., Individually and on Behalf of M. M. and S. M., et al. filed.
Apr 3, 2023
Waiver of right of respondents Addison Central School District, et al. to respond filed.
Apr 19, 2023
DISTRIBUTED for Conference of 5/11/2023.
Apr 20, 2023
Response Requested. (Due May 22, 2023)
May 22, 2023
Brief of respondent New York State Department of Education in opposition filed.
May 22, 2023
Brief of respondents Eric L. Adams, David C. Banks, New York City Department of Education in opposition filed.
May 22, 2023
Brief of respondent Austin Independent School District in opposition filed.
May 22, 2023
Brief of respondents Ashford Board of Education, et al. in opposition filed.
May 22, 2023
Letter from Middletown Township Public Schools, West Orange Public Schools, Cherry Hill Public Schools and Readington Township Public Schools received.
Jun 5, 2023
Reply of petitioners K. M., Individually and on behalf of M. M. and S. M. filed. (Distributed)
Jun 6, 2023
DISTRIBUTED for Conference of 6/22/2023.
Jun 26, 2023
Petition DENIED.

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