Standard Post with Image

Supreme Court Clarifies Educational Progress Standard for Students in Special Education

In a much anticipated decision, a unanimous United States Supreme Court has ruled that under the Individuals with Disabilities Education Act (IDEA), Individualized Education Programs (IEPs) must be reasonably calculated to enable a child with a disability to make appropriate educational progress in light of the child's circumstances.

Read More
Standard Post with Image

Supreme Court Returns Transgender Student Rights Case to Lower Court

On March 6, 2017, the United States Supreme Court sent the case of Virginia transgender high school student Gavin Grimm back to an appellate court, which must now consider the case and the parties' arguments "in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017" that rescinded the Obama administration's May 2016 guidance on transgen

Read More
Standard Post with Image

California Public Records Act Applies to Private Accounts

Emails, text messages and other written communications sent to or from a public official's private account may be subject to disclosure under the California Public Records Act (CPRA), the California Supreme Court ruled unanimously in a highly anticipated decision published on March 2, 2017.

Read More
Standard Post with Image

In Service Dog Case, Supreme Court Holds that IDEA Procedures Need Not Be Exhausted if Complaint not Related to Denial of FAPE

On February 22, 2017, the United States Supreme Court issued a unanimous decision in Fry v. Napoleon Community Schools (2017) 580 U.S. ___ (Fry) that is expected to have a profound effect on the way lawsuits that arise under the Individuals with Disabilities Education Act (IDEA), Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Sect

Read More
Standard Post with Image

New Federal Guidance Regarding Transgender Students Will Not Impact California Schools

Under new leadership following the 2016 presidential election, the United States Department of Justice (DOJ) and Department of Education (DOE) issued a joint "Dear Colleague" letter on February 22, 2017 withdrawing the Obama administration's May 2016 letter and guidance regarding transgender st

Read More
Standard Post with Image

County Boards of Education May Not Exempt Charter Schools from Local Zoning Regulations

A California Court of Appeal has held that a county board of education may not grant exemptions from zoning ordinances under Government Code section 53094.

Read More
Standard Post with Image

Closely Watched Charter School Decision Becomes Binding Precedent

The Third District Court of Appeal’s decision in Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262 (Anderson) is now binding law in California.

Read More
Standard Post with Image

Ninth Circuit Focuses on Timing of Student’s Due Process Complaint for Stay Put Placement

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.

Read More
Standard Post with Image

Court of Appeal Weighs In On Non-Educational State Agency's Role in Providing Related Services

In its recent decision in Department of Health Care Services v. Office of Administrative Hearings(Nov. 29, 2016, F071023) __ Cal.App.4th __ <http://www.courts.ca.gov/opinions/documents/F071023.PDF>, the Fifth Circuit Court of Appeal held that during a dispute between a local education agency (LEA) and a non-educat

Read More