Fry v. Napoleon Community Schools

Docket No.	Argument	Opinion	Vote	Author	Term
15-497	Oct 31, 2016	Feb 22, 2017	8-0	Kagan	OT 2016

Holding: (1) Exhaustion of the administrative procedures established by the Individuals with Disabilities Education Act is unnecessary when the gravamen of the plaintiff's suit is something other than the denial of the IDEA's core guarantee of a "free appropriate public education"; and (2) the case is remanded to the U.S. Court of Appeals for the 6th Circuit for a proper analysis of whether the gravamen of E.F.'s complaint -- which alleges only disability-based discrimination, without making any reference to the adequacy of the special-education services E.F.'s school provided -- charges, and seeks relief for, the denial of a FAPE.

Judgment: Vacated and remanded, 8-0, in an opinion by Justice Kagan on February 22, 2017. Justice Alito filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined.

SCOTUSblog Coverage

Opinion analysis: Court outlines boundaries between disabilities, education cases (Amy Howe, February 22, 2017)
Argument analysis: Looking for a line in service dog case (Amy Howe, October 31, 2016)
Argument preview: Court to consider exhaustion in service dog case (Amy Howe, October 24, 2016)
Court to hear major new controversies -- next Term (Lyle Denniston, June 28, 2016)
Solicitor General responds to the Court's invitations (Amy Howe, May 29, 2016)

Date	Proceedings and Orders (key to color coding)
10/15/2015	Petition for a writ of certiorari filed. (Response due November 18, 2015)
11/05/2015	Order extending time to file response to petition to and including December 18, 2015.
12/18/2015	Brief of respondents Napoleon Community Schools, et al. in opposition filed.
12/23/2015	Reply of petitioners Stacy Fry, et vir, as next friends of minor E. F. filed.
12/30/2015	DISTRIBUTED for Conference of January 15, 2016.
01/19/2016	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/20/2016	Brief amicus curiae of United States filed.
05/31/2016	Supplemental brief of respondents Napoleon Community Schools, et al. filed.
05/31/2016	Supplemental brief of petitioners Stacy Fry, et vir, as next friends of minor E. F. filed.
06/07/2016	DISTRIBUTED for Conference of June 23, 2016.
06/27/2016	DISTRIBUTED for Conference of June 27, 2016.
06/28/2016	Petition GRANTED.
07/27/2016	The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 22, 2016.
07/27/2016	The time to file respondents' brief on the merits is extended to and including September 30, 2016.
08/02/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
08/02/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, from counsel for the petitioners.
08/22/2016	Joint appendix filed.
08/22/2016	Brief of petitioners Stacy Fry, et vir, as Next Friends of Minor E. F. filed.
08/26/2016	Brief amici curiae of Psychiatric Service Dog Partners, Inc., et al. filed.
08/29/2016	Brief amicus curiae of United States filed.
08/29/2016	Brief amici curiae of National Disability Rights Network, et al. filed.
08/29/2016	Brief amici curiae of Professor Thomas Hehir, et al. filed.
08/29/2016	Brief amici curiae of Council of Parent Attorneys and Advocates, et al. filed.
08/29/2016	Brief amicus curiae of Hon. Lowell P. Weicker, Jr. filed.
08/29/2016	Brief amici curiae of Illinois and Minnesota filed.
08/29/2016	Brief amicus curiae of Autism Speaks filed.
09/02/2016	SET FOR ARGUMENT On Monday, October 31, 2016
09/09/2016	Record has been requested from the U.S.C.A. 6th Circuit.
09/20/2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
09/28/2016	CIRCULATED
09/30/2016	Brief of respondents Napoleon Community Schools, et al. filed. (Distributed)
10/07/2016	Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
10/17/2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/20/2016	Reply of petitioners Stacy Fry, et vir, as Next Friends of Minor E. F. filed. (Distributed)
10/31/2016	Argued. For petitioners: Samuel R. Bagenstos, Ann Arbor, Mich.; and Roman Martinez, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Neal K. Katyal, Washington, D. C.
02/22/2017	Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined.
03/27/2017	JUDGMENT ISSUED.