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United States Supreme Court to Consider How Much Educational Benefit IDEA Requires

The United States Supreme Court has decided to take up an issue that has long divided federal courts: How much educational benefit must Individualized Education Programs (IEPs) provide to special needs students?

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Federal Department of Education Offers Guidance on Short-Term Removals and Behavioral Supports for Students with Disabilities

October 2016 Number 68 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.

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New State Guidance Pending on English Learners in Special Education

September 2016 Number 66 Assembly Bill (AB) 2785 was signed by the Governor on September 24, 2016.

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Special Education Eligibility Influenced by Pre-Referral Interventions

September 2016 Number 62 A recent Ninth Circuit decision, L.J. v. Pittsburg Unified School District, underscores the importance of accounting for pre-referral interventions when evaluating special education eligibility.

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Ninth Circuit Holds that Medically Necessary Occupational Therapy Services Are "Related Services" Under the IDEA

June 2016 Number 37 In a recent decision, Douglas v. California Office of Administrative Hearings, the Ninth Circuit Court of Appeals confirmed that occupational therapy services...

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Teacher Complaints About School District's Special Education Program Are Not Protected by First Amendment

April 2016 Number 27 Are a special education teacher's complaints about her district's special education program constitutionally protected speech?

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Student’s Section 504 and ADA Claims for Damages Based on Failure to Provide Meaningful Access and Reasonable Accommodations Are Valid Despite Parents’ Consent to Change Placement

April 2016 Number 18 In A.G. v. Paradise Valley Unified School District, (9th Cir., March 3, 2016) 2016 U.S. App. Lexis 3994., the Ninth Circuit Court of Appeals ruled that a student asserted valid claims for damages under section 504 of the Rehabilitation Act

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Ninth Circuit Court of Appeals Cuts off Recovery of Attorneys’ Fees Incurred after Parents Reject School District’s Settlement Offer in Due Process Hearing

April 2016 Number 19 On March 16, 2016, the Ninth Circuit Court of Appeals held that a parent of a child with a disability was not entitled to recover attorneys' fees...

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Morgan Hill Court Modifies Protocol Regarding Disclosure of Student Data

March 2016 Number 12 In July 2015, the Court in Morgan Hill Concerned Parents Ass'n v. Cal. Dep't of Educ., issued an order that would require the California Department of Education (CDE) to...

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