Filed Date: July 1, 2020
Closed Date: Aug. 10, 2020
Clearinghouse coding complete
This is a case about a protection and advocacy (P&A) agency’s representation of several students with disabilities based on failure to provide extended school year services (ESY).
On July 1, 2020, the Disability Law Center of the Guam Legal Services Corporation filed this lawsuit on behalf of five students with disabilities in the U.S. District Court for the District of Guam. The Disability Law Center alleged that the Guam Department of Education failed to provide ESY services in violation of the Individuals with Disabilities Education Act (IDEA). Judge Frances Tydingco-Gatewood presided.
This lawsuit began because of an executive order shutting down schools during COVID. Therefore, the Education Department was unable to provide ESY services pursuant to the plaintiffs’ individualized education programs (IEPs).
On July 1, 2020, the Disability Law Center filed a motion for a mandatory temporary injunction and order to show cause seeking the ESY services which were listed in their IEPs. On July 15, 2020, the court denied the motion.
On August 7, 2020, the court issued a stipulation of dismissal, with prejudice. The details of the dismissal are unknown to the Clearinghouse at this time.
The case appears to be closed.
Summary Authors
NDRN (6/22/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17313282/parties/jc-v-jon-fernandez/
Tydingco-Gatewood, Frances (Guam)
Somerfleck, Daniel Seth (Guam)
Nasis, Jesse J.N. (Guam)
See docket on RECAP: https://www.courtlistener.com/docket/17313282/jc-v-jon-fernandez/
Last updated Oct. 31, 2025, 1:21 a.m.
State / Territory:
Case Type(s):
Key Dates
Filing Date: July 1, 2020
Closing Date: Aug. 10, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
individual students
Plaintiff Type(s):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Guam State Department of Education, State
Defendant Type(s):
Case Details
Causes of Action:
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Other Dockets:
District Court of Guam 1:20-cv-00024
Available Documents:
Outcome
Prevailing Party: Unknown
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
Disability and Disability Rights: