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Shift In Funding Obligation For Some Occupational And Physical Therapy Services Required By Student's Individualized Education Programs

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).

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Legislative Changes Impact Placement of Foster Children

On September 26, 2012, Governor Brown signed into law Senate Bill (SB) 121 and SB 1568, both of which further clarify procedures for educational placements of foster children by amending the Education Code. The amendments will become effective on January 1, 2013.

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Districts Have Absolute Duty to Update IEPs Annually, Despite Parents' Lack of Cooperation

The Ninth Circuit has reasonably held that school districts must hold annual IEP team meetings for each special education student, regardless of whether litigation is pending or the parents are not cooperative. (Anchorage Sch. Dist. v. M.P. (9th Cir. 2012) 689 F.3d 1047.)

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Court Rejects Frivolous Claims Regarding Independent Educational Evaluation

Perhaps reflecting sympathy for limited school budgets and the impact of costly special education litigation, a federal court recently invited a school district to request attorneys' fees reimbursement from a parent who pursued frivolous litigation.

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IDEA's Disciplinary Procedural Safeguards May Apply To Students Not Yet Eligible For Special Education

In two recent decisions, the Office of Administrative Hearings (OAH) provided guidance regarding potential discipline safeguards and procedures for students not yet eligible for special education and related services.

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OAH Decision Addresses When California Children's Services Is Required to Participate In IEP Process

A recent decision from the Office of Administrative Hearings (OAH) highlights that where California Children's Services (CCS) is providing services required by a student's individualized educational program (IEP), CCS staff must consult with the school district and participate in the IEP process prior to making changes to the services it provides to the student.

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Magnet Schools May Have Admissions Criteria Without Violating The ADA Or Section 504

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)

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CDE Releases Emergency Regulations for Unlicensed School Employees to Administer Epilepsy Medication

Following approval by the Office of Administrative Law, the California Department of Education (CDE) has issued emergency regulations

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