Michelle Truong is an Associate in Lozano Smith's San Diego Office. Ms. Truong specializes in the Labor and Employment, Special Education and Student aspects of educational law.
Prior to joining Lozano Smith, Ms. Truong practiced insurance defense at a downtown San Diego law firm. During her time there, she appeared for various hearings and deposed Plaintiffs, experts, and non-party witnesses in personal injury and construction defect cases. Ms. Truong also drafted numerous motions including for summary judgment, to compel discovery responses, to set aside default, and mediation and trial briefs.
Ms. Truong graduated from the University of California, Irvine with a Bachelor of Arts in International Studies and a minor in Political Science.
Ms. Truong received her Juris Doctor degree from Southwestern Law School. At Southwestern Law School, she served as the President of the Asian Pacific American Law Student Association and an Advocate of the Children’s Rights Clinic. Ms. Truong advocated for children within the Los Angeles Unified School District, at Individualized Education Program meetings and school disciplinary hearings. She was also a law clerk for the Children’s Law Center of California and Alliance for Children’s Rights, where she assisted families in the dependency court and foster care system.
In a case of first impression, the Ninth Circuit Court of Appeals has ruled in favor of looser time limits on Individuals with Disabilities Education Act (IDEA) claims. (Avila v. Spokane School District 81 (9th Cir.,
Mar. 30, 2017, No. 14-35965) ___ F.3d ___ < http://cdn.ca9.uscourts.gov/datastore/opinions/2017/03/ 30/14-35965.pdf>.) The Ninth Circuit's ruling reversed a district court decision which held that some of the plaintiff parents' claims were time-ba...
In a recent decision, N.E. v. Seattle School District (9th Cir., Nov. 17, 2016, No. 15-35910) ___ Fed.Appx. ___ 2016 U.S. App. LEXIS 20612, the Ninth Circuit Court of Appeals upheld a lower court’s denial of a student’s request for injunctive relief related to their stay put placement. The appellate court focused on the timing of the student’s due process complaint and his placement for the upcoming school year.
The N.E. case is interesting because it involv...
On August 1, 2016, the United States Department of Education (DOE) issued new guidance in the form of a Dear Colleague Letter to address the impact of short-term disciplinary removals for students with disabilities. Although not binding law, the guidance provides useful information and reminders for school districts when addressing behavior and discipline.
While local educational agencies (LEA) may remove (e.g., suspend) students with disabilities who violate a c...