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K.M. v. Adams

Petition for certiorari denied on June 26, 2023

Docket No. Op. Below Argument Opinion Vote Author Term
22-840 2nd Cir. N/A N/A N/A N/A OT 2022

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
11/22/2022Application (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.
11/30/2022Application (22A464) granted by Justice Sotomayor extending the time to file until February 27, 2023.
02/27/2023Petition for a writ of certiorari filed. (Response due April 3, 2023)
03/06/2023Waiver of right of respondent Austin Independent School District to respond filed.
03/07/2023Waiver of right of respondents Middletown Township Public Schools, West Orange Public Schools, Cherry Hill Public Schools and Readington Township Public Schools to respond filed.
03/08/2023Waiver of right of respondents Eric L. Adams, David C. Banks, New York City Department of Education to respond filed.
03/28/2023Waiver of right of respondent New York State Department of Education to respond filed.
03/28/2023Waiver of right of respondent Pennsylvania Department of Education to respond filed.
03/31/2023Waiver of Ashford Board of Education, et al. of right to respond not accepted for filing. (March 31, 2023)
03/31/2023Waiver of right of respondents Ashford Board of Education, et al. to respond filed.
03/31/2023Supplemental brief of petitioners K. M., Individually and on Behalf of M. M. and S. M., et al. filed.
04/03/2023Waiver of right of respondents Addison Central School District, et al. to respond filed.
04/19/2023DISTRIBUTED for Conference of 5/11/2023.
04/20/2023Response Requested. (Due May 22, 2023)
05/22/2023Brief of respondent New York State Department of Education in opposition filed.
05/22/2023Brief of respondents Eric L. Adams, David C. Banks, New York City Department of Education in opposition filed.
05/22/2023Brief of respondent Austin Independent School District in opposition filed.
05/22/2023Brief of respondents Ashford Board of Education, et al. in opposition filed.
05/22/2023Letter from Middletown Township Public Schools, West Orange Public Schools, Cherry Hill Public Schools and Readington Township Public Schools received.
06/05/2023Reply of petitioners K. M., Individually and on behalf of M. M. and S. M. filed. (Distributed)
06/06/2023DISTRIBUTED for Conference of 6/22/2023.
06/26/2023Petition DENIED.