No. 19-972

Christopher Edward McMillen v. New Caney Independent School District

Lower Court: Fifth Circuit
Docketed: 2020-02-03
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: administrative-exhaustion circuit-split disability-rights education-law individuals-with-disabilities-education-act judicial-review non-IDEA-claims procedural-requirements relief-not-available-under-IDEA standing statutory-interpretation
Latest Conference: 2020-05-21 (distributed 2 times)
Question Presented (from Petition)

Whether the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., requires administrative exhaustion when a plaintiff brings a non-IDEA claim seeking relief that is not available under the IDEA.

Question Presented (AI Summary)

Whether the Individuals with Disabilities Education Act (IDEA) requires administrative exhaustion for non-IDEA claims seeking relief not available under IDEA

Docket Entries

2020-05-26
Petition DENIED.
2020-05-05
DISTRIBUTED for Conference of 5/21/2020.
2020-05-04
Reply of petitioner Christopher Edward McMillen filed. (Distributed)
2020-04-17
Brief of respondent New Caney Independent School District in opposition filed.
2020-03-09
Motion to extend the time to file a response is granted and the time is extended to and including April 20, 2020.
2020-03-04
Motion to extend the time to file a response from March 20, 2020 to April 20, 2020, submitted to The Clerk.
2020-02-19
Response Requested. (Due March 20, 2020)
2020-02-12
DISTRIBUTED for Conference of 2/28/2020.
2020-02-07
Waiver of right of respondent New Caney Independent School District to respond filed.
2020-01-30
Petition for a writ of certiorari filed. (Response due March 4, 2020)
2019-11-26
Application (19A599) to extend the time to file a petition for a writ of certiorari from December 31, 2019 to January 30, 2020, submitted to Justice Alito.
2019-11-26
Application (19A599) granted by Justice Alito extending the time to file until January 30, 2020.

Attorneys

Christopher Edward McMillen
Shay DvoretzkyJones Day, Petitioner
New Caney Independent School District
Charles Cory RushKarczewski | Bradshaw | Spalding, Respondent