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UPDATE: Ninth Circuit Finds Lawsuit Regarding COVID-19 Limits on In-Person Learning Now Moot

The plaintiffs in Brach v. Newsom (9th Cir. June 15, 2022, No. 20-56291) __ F.4th __, originally filed a case in U.S. District Court for the Central District of California, challenging various orders, including the 2020-2021 Reopening Framework, issued by California government officials concerning the operation of both public and private schools during the COVID-19 pandemic.

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U.S. Supreme Court Strikes Down Maine Law Prohibiting Tuition Assistance to Religious Private Schools

In Carson v. Makin (2022) ___U.S.___ [141 S.Ct. 1987], the United States Supreme Court, by a 6-3 decision, ruled that Maine’s tuition assistance program, which prohibits funding to nonsectarian schools, violated the Free Exercise Clause of the First Amendment.

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Assembly Bill 181 Includes Significant Changes to Independent Study Requirements for the 2022-2023 School Year

Governor Newsom signed the Education Omnibus Budget Trailer Bill (AB 181) on June 30, 2022, which was effective immediately and includes significant changes to independent study requirements.

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New Case Highlights Interplay Between Special Education and Sexual Harassment Laws

A recent U.S. District Court decision out of Washington State provides clarification regarding how school districts are to apply their sexual harassment policies and analyze conduct as it relates to students with disabilities.

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2022 Updates: Annual Notice of Parental Rights and Responsibilities

As a reminder, school districts and county offices of education should update their parental annual notices (Annual Notices) for the upcoming 2022-2023 school year. The following is a summary of considerations for updating Annual Notices, including one mandatory change and other optional/advisable changes.

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Emotional Distress Damages Unavailable in Section 504 Actions

On April 28, 2022, the United States Supreme Court narrowed the scope of damages available under Section 504 of the Rehabilitation Act of 1973 (Section 504), ruling that emotional distress damages are not recoverable in private actions to enforce Section 504 and other similar Spending Clause antidiscrimination statutes, including the Affordable Care Act (ACA), Title VI, and Title IX.

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Ninth Circuit Holds that "Specific Learning Disability" Evaluation and IEP Satisfied FAPE for Dyslexic Student

In Crofts v. Issaquah School District No. 411 (9th Cir. Jan. 12, 2022, No. 19-35473)   F.4th   , the U.S. Court of Appeals for the Ninth Circuit held that a school district properly assessed a student for dyslexia when it conducted an evaluation for a “specific learning disability,” as provided under the Individuals with Disabilities Education

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Student Not Entitled to Receive Medical ABA Therapy on Campus from Private Provider

Although a seven-year-old boy with autism had an established medical need for 40 hours per week of Applied Behavior Analysis (ABA) therapy, his school district properly denied his private provider from serving him on the public school campus during the school day, according to the December 27, 2021 decision from the United States District Court, Central District of California, in O.A. vs Orcut

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Superior Court Dismisses Lawsuit Challenging the State's Face Mask Mandate in California K-12 Schools

On November 12, 2021, San Diego Superior Court Judge Cynthia Freeland ended a lawsuit filed against Governor Gavin Newsom, the California Department of Public Health (CDPH), and other California state health officials.

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