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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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Court of Appeal Clarifies Executive Order's Effect on Government Claim Deadlines

In response to the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-35-20 on March 21, 2020 (Executive Order). The Executive Order extends the time by which a claim must be presented to a public entity under the Government Claims Act by 60 days.

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New Law Prohibits Employers from Preventing Employee Disclosure of Alleged Workplace Discrimination and Harassment

Effective January 1, 2022, Senate Bill (SB) 331 makes it unlawful for employers to enter into agreements with employees in exchange for employees’ silence on information concerning claims or complaints of workplace discrimination or harassment, subject to certain exemptions.

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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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Legal Challenges to Student Vaccine Mandates Produce Varying Results

Vaccine mandates enacted by and affecting local education agencies have faced various legal challenges, with differing outcomes.

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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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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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