No. 22-778

Danielle Howard Martinez, et al. v. Gavin Newsom, Governor of California, et al.

Lower Court: Ninth Circuit
Docketed: 2023-02-17
Status: Denied
Type: Paid
Experienced Counsel
Tags: covid-19-education declaratory-relief disability-rights free-appropriate-public-education idea-compliance individuals-with-disabilities-education-act injunctive-relief mootness mootness-doctrine school-closures state-educational-agencies
Latest Conference: 2023-04-21
Question Presented (from Petition)

1. Whether Petitioners' claims that the CDE Defendants violated federal law by (i) effectively waiving LEAs' compliance with the IDEA after forced school closures and (ii) failing to correct for students' resulting FAPE deprivations presents a concrete controversy that could be addressed by a judicial declaration of the CDE's obligations under the IDEA.

2. Whether an injunction directing the CDE Defendants to order LEAs to reevaluate Petitioners' IEPs and settlement agreements to account for the months when accommodations were not provided, and to order compensatory education to account for the regression and loss of learning Petitioners suffered, could provide effective relief sufficient to survive the mootness inquiry.

3. Whether a cause of action can be dismissed as moot where some relief remains available, regardless of whether Petitioners requested that specific relief in their complaint.

Question Presented (AI Summary)

Whether Petitioners' claims that the CDE Defendants violated federal law

Docket Entries

2023-04-24
Petition DENIED.
2023-04-05
DISTRIBUTED for Conference of 4/21/2023.
2023-03-30
2023-03-16
Brief of respondents California Department of Education, et al. in opposition filed.
2023-02-13
2022-12-20
Application (22A552) granted by Justice Kagan extending the time to file until February 13, 2023.
2022-12-16
Application (22A552) to extend the time to file a petition for a writ of certiorari from January 12, 2023 to February 13, 2023, submitted to Justice Kagan.

Attorneys

California Department of Education, State Superintendent of Public Instruction Tony Thurmond, California Schools for the Deaf, California School for the Blind, and Diagnostic Centers of California
Leonard Bruce GarfinkelCalifomia Department of Education, Respondent
Danielle Howard Martinez, et al.
Maxwell Vaughn PrittBoies Schiller Flexner LLP, Petitioner