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Important Changes to PERB Regulations Effective January 1, 2022

Various amendments to the Public Employment Relations Board (PERB) regulations took effect on January 1, 2022, which are likely to impact public agencies with unfair labor practice charges and other matters pending before PERB.

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UPDATE: Parentally-Placed Private School Students Are Not Entitled to IEP Unless They Request One

In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit recently ruled that special education students who have been parentally-placed in private school are not entitled to an individualized education plan (IEP) offer from their public school district, unless they request one.

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ADA Claim Arising from Alleged Denial of FAPE Requires Exhaustion of Administrative Process

The recent en banc opinion of the U.S. Court of Appeals for the Ninth Circuit, D.D. v. Los Angeles Unified School District (9th Cir. 2021) 18 F.4th 1043, addresses the issue of whether a plaintiff asserting a claim in federal court under the Americans with Disabilities Act (ADA) must first pursue available administrative remedies under the Individuals with Disabilities Education Act (IDEA

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The Department of Education, Office for Civil Rights Will No Longer Enforce a Portion of the 2020 Amendments to Title IX Regulations

Following a recent decision by a federal district court in Massachusetts, the United States Department of Education (DOE) published a bulletin stating that its Office for Civil Rights (OCR) will no longer enforce the “Suppression Clause” of the 2020 Amendments to the Title IX Regulations (2020 Amendments).

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