Jennica Carmona, Individually, and as Parent and Natural Guardian of B. A., et al. v. New Jersey Department of Education, et al.
Arbitration SocialSecurity ERISA DueProcess JusticiabilityDoctri
1. Whether the move from in-person to virtual
educational instruction and support services
constitutes a change in placement under the
Individuals with Disabilities Education Act
("IDEA").
2. Whether the panel erred in holding that wellestablished exceptions to the administrative
exhaustion requirement applicable to the
Individuals with Disabilities Education Act ("IDEA")
did not apply to Plaintiffs' claims, thereby stripping
them of standing.
3. Whether this Court should intervene to clarify and
preserve the integrity of the exceptions to the
administrative exhaustion requirement for Section
504 of the Rehabilitation Act of 1973 ("§ 504"), 29
U.S.C. § 794(a); 34 C.F.R. § 104.4(a) , Title II of the
Americans with Disabilities Act ("ADA"), 42 U.S.C. §
12132; 28 C.F.R. § 35.104, 42 U.S.C. § 1983 and the
Equal Protection Clause of the Fourteenth
Amendment claims based on the denial of Free
Appropriate Public Education ("FAPE") in light of
this Court's findings in Luna Perez v. Sturgis Public
Schools, 598 U.S. 142.
Whether the move from in-person to virtual educational instruction and support services constitutes a change in placement under the Individuals with Disabilities Education Act (IDEA)