Aimee Perry is Senior Counsel in Lozano Smith's Sacramento office. She is co-chair of the firm's Student Practice Group and is an active member of the firm's Special Education and Charter School Practice Groups. Ms. Perry's practice is focused on special education, and she assists clients with difficult IEP team meetings, settling cases at resolution sessions and mediations, as well as ensuring compliance with Section 504. Her expertise also extends to a myriad of student issues, including inter- and intra-district transfers, student fees, bullying, student discipline, student records, and mandatory reporting, as well as advising districts with charter school issues.
Ms. Perry has presented on a variety of topics before the Association of California School Administrators (ACSA), California Association of Supervisors of Child Welfare and Attendance (CASCWA), California Association of Latino Superintendents and Administrators (CALSA), and the Small School District's Association (SSDA).
Ms. Perry's article "Cancer Awareness Slogans Pose Tough Challenges for Schools" was published in the Daily Journal in March 2012.
Ms. Perry earned her law degree from the University of the Pacific, McGeorge School of Law. She earned her undergraduate degree from San Diego State University, where she majored in International Business. Ms. Perry is fluent in Spanish and gained a certificate to do business in Spanish as part of her major at San Diego State.
In a non-binding order, a California state administrative law judge from the Office of Administrative Hearings ("OAH") ruled that a public school district must allow a student's nurse to administer medical marijuana, as needed, on campus and transportation. The September 21, 2018 decision inStudent v. Rincon Valley Union Elementary School District (2018) OAH Case No. 2018050651 is unprecedented, but is not binding on other school districts.
Schools may soon be getting requests to permit students to take a marijuana-based epilepsy drug at school, thanks to a change in the way the federal government regulates it. Read on to learn more about Epidiolex and the state of the law regarding administration of medication at school, including marijuana based drugs.
Separately, but related to administration of marijuana based drugs, Governor Jerry Brown recently vetoed a state bill that would have permitted sch...
School surveillance video can be considered a student record under certain circumstances, triggering a school district's obligation under the federal Family Educational Rights and Privacy Act (FERPA) to allow parents to view it.
State lawmakers have indefinitely extended previously approved limits on disciplining students for defiance and disruption and have expanded the list of issues that may be addressed through the Uniform Complaint Procedures (UCP).
The changes were included in a budget trailer bill, Assembly Bill (AB) 1808, and became effective when Governor Jerry Brown signed the bill on June 27.
Extension of Limits on Student Discipline for Disruption and Willful Defiance
Schools may soon be fielding requests to administer Epidiolex, a drug containing cannabidiol (CBD), a chemical component of marijuana that does not create a "high," to students.
On June 25, 2018, the U.S. Food and Drug Administration (FDA) approved Epidiolex to treat two types of pediatric epilepsy. The approval of Epidiolex will pave the way for school districts, for the first time, to administer a medicine derived from marijuana, provided that the Drug Enforcement...
This Client News Brief was updated on March 6, 2018.
UPDATE: California Department of Education Issues Guidance
The California Department of Education (CDE) and State Superintendent of Public Instruction Tom Torlakson released guidance on March 2 regarding student walkouts. Echoing the suggestions below, the CDE calls for schools to provide outlets for student political expression through classroom or school-wide discussions, as well as for proactive discussio...
A federal district court in Southern California recently declined to issue a preliminary injunction barring enforcement of Senate Bill (SB) 277. As we previously reported, SB 277, which went into effect January 1, 2016, eliminated the "personal belief" exemption (PBE) from vaccine requirements for schoolchildren. (See 2015 Client News Brief No. 36.)
In July of 2016, several plaintiffs filed a request for a preliminary injunction, alleging that SB 277 and its elim...
A United States District Court in Texas has issued a preliminary injunction barring the United States Department Justice (DOJ), Department of Education (DOE) and other federal agencies from enforcing the DOJ and DOE's May 13, 2016 joint guidance regarding the rights of transgender students in schools under Title IX of the Education Amendments of 1972 (Title IX) and Title IX's regulations (Joint Guidance). (See 2016 Client News Brief No. 31.) (State of Texas v. United...
Governor Jerry Brown recently approved Senate Bill 7 (SB 7), increasing the age to buy tobacco for smoking, dipping, chewing and "vaping" from age 18 to age 21. The law became effective June 4, 2016.
The new law makes California the second state, besides Hawaii, to increase the age to buy tobacco from 18 to 21.
SB 7 amends provisions of the Business and Professions Code and the Penal Code that govern the sale, possession and use of tobacco products. The bill proh...
Effective January 1, 2016, two bills relating to sexual health and human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) prevention education will take effect, which will require school districts to review their existing curriculum and instruction for compliance. Assembly Bill (AB) 329 amended, renumbered and repealed various Education Code provisions as they relate to sexual health and HIV education. Senate Bill (SB) 695 added provisions to t...
On August 11, 2015, the Governor approved two bills pertaining to student residency requirements and residency investigations, both of which will become effective on January 1, 2016. Both of the bills stemmed from media attention to a particular California school where the school district conducted a residency investigation by hiring a private investigator to investigate the residency of a student in the home of their parent's employer.
Senate Bill (SB) 200 amend...
In Hector F. v. El Centro Elementary School District (June 24, 2014) ___ Cal.App.4th ___ 2014 WL 2854704, the California Court of Appeal held that the parent of a student could seek enforcement of a school district's obligations to comply with statutory anti-discrimination and harassment provisions of the Government Code and Education Code. This case may signal an increase of civil actions against school districts in bullying cases.
Hector F. hinged on a procedural ...
The U.S. Ninth Circuit Court of Appeals recently issued a decision regarding the limits of lawful school uniform policies under the First Amendment. In Frudden v. Pilling (9th Cir. 2014) 742 F.3d 1199, a school required students to wear a uniform, including a shirt with the motto "Tomorrow's Leaders." The school's uniform policy also contained an exception that permitted students to wear a "uniform of a nationally recognized youth organization, such as Boy Scouts or G...
Assembly Bill (AB) 1121, which was signed by the Governor on October 8, 2013, affects the procedures for persons to legally change their gender and name via court order. The new law takes effect January 1, 2014.
Change of Gender
Under existing law, any person who undergoes a clinically appropriate treatment for the purpose of gender transition may petition the court for a judgment and court order recognizing their change of gender. The person seeking to have the...
As students head back to school for the start of the new school year, Lozano Smith's Special Education and Student Practice Groups would like to provide school districts, and other local educational agencies, with a reminder of their obligations to prevent bullying among all students. As many educators are aware, bullying has been a hot topic for the last few years, and the law in this area is ever-developing. In the past two years, the legislature has passed seve...
This summer Governor Brown approved Assembly Bill (AB) 1467 which, among other things, clarified that the burden of providing educationally necessary occupational therapy and physical therapy services for students whose individualized education programs (IEP) required these services rests with the responsible local educational agencies, not with California Children's Services (CCS).
CCS is a state and county program administered by the California Department of He...
The Ninth Circuit Court of Appeals recently issued a decision holding that the admissions criteria of a magnet charter school was not unreasonable and did not violate the Americans with Disabilities Act (ADA), or Section 504 of the Rehabilitation Act ("Section 504"). (Oman v. Portland Pub. Schs. (9th Cir. May 14, 2012) __ F.3d __ (2012 WL 1662625).) The court also held that the Individuals with Disabilities Education Act (IDEA) does not provide a private cause of action...
For the past several school years, California school officials have grappled with the appropriate response to students wearing bracelets to school with provocative slogans supporting cancer awareness. Since April 2011, two different federal district courts in Pennsylvania and Wisconsin have reached different conclusions on whether the First Amendment prohibits a school from barring students from wearing these edgy accessories. The rulings, despite their conflicting re...
A bill signed by Governor Brown this fall will requires insurance companies to provide health insurance coverage for behavioral therapy for children with autism. The bill, Senate Bill (SB) 946, is effective from July 1, 2012 through July 1, 2014. While the bill may help school districts provide cost-effective behavioral services for students with pervasive development disorder or autism, it has some limitations, as discussed below.
The autism insurance bill will...
In a win for school districts and county offices of education, the Second District Court of Appeal determined that a charter authorizer's compliance with the revocation process prescribed in the Education Code provides a charter school with sufficient due process for the authorizer to revoke a charter. Today's Fresh Start, Inc. v.Los AngelesCounty Office of Ed, (July 12, 2011, B212966, B214470) ___ Cal.App.4th ___ ("Fresh Start"), confirms the position long held by c...
The United States Supreme Court recently issued its opinion in Camreta v. Greene ("Camreta") (2011) ___ U.S. ___. The court's opinion vacates a highly controversial decision by the Ninth Circuit that restricted the ability of law enforcement and child protective services ("CPS") personnel to interview students who are the suspected victims of child abuse while those students are on school grounds. In essence, the result of the Supreme Court's opinion is to return the s...