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UPDATE: Please Note, this Opinion has Been Vacated to Be Heard En Banc by Ninth CircuitNinth Circuit Finds COVID-19 Limits on Public School In-Person Learning Permissible, but Not for Priva

The U.S. Ninth Circuit Court of Appeals recently issued an opinion in Brach v. Newsom (9th Cir. July 23, 2021, No. 20-56291) __ F.3d __, holding that the 14th Amendment rights of public school students and their parents were not violated when the State of California prohibited in-person learning in counties with high rates of COVID-19.

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COVID-19 Presents New Challenges for Complying with Child Find Obligations

As evidence mounts regarding the potential long-term health impacts of COVID-19, the U.S. Department of Education's (USDOE) Office of Special Education and Rehabilitative Services (OSERS) has issued new guidance to clarify the child find duties and assessment obligations of school districts and other local educational agencies (LEAs) where the after-effects of COVID-19 impact a student's learning

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Legislature Allocates $100 Million from General Fund for Prevention and Alternative Dispute Resolution of COVID-19 Related Special Education Disputes

On July 9, 2021, Governor Gavin Newsom signed into law Assembly Bill 130, known as the 2021-2022 Education Omnibus Budget Trailer Bill (AB 130).

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Significant Changes to Independent Study for the New School Year

The 2021-2022 Education Omnibus Budget Trailer Bill (Trailer Bill) includes significant short-term and long-term changes to independent study. (See Ed. Code, § 51745, et seq.) For the 2021-2022 school year only, school districts and county offices of education (COE) will be required to offer an independent study program to meet the educational needs of pupils.

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2021 Updates: Annual Notice of Parental Rights and Responsibilities

As school districts and county offices of education prepare to update their parental annual notices (Annual Notice) for the upcoming school year, they should be aware of two mandatory changes to Annual Notices for 2021 concerning the transfer rights of bullying victims and Uniform Complaint Procedures, as well as new annual notification and posting requirements

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