Editor's Note :

Editor's Note :

We expect the court to issue additional orders from its October 28 conference on Monday at 9:30 a.m.
On Monday the court hears oral argument in Fry v. Napoleon Community Schools. Amy Howe has our preview.
On Monday the court also hears oral argument in Star Athletica v. Varsity Brands. Ronald Mann has our preview.

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?

Briefs and Documents

Certiorari-stage documents

Term Snapshot