Ninth Circuit Contemplates Whether an ADA Claim Arising from Alleged Denial of FAPE Requires Exhaustion of Administrative Process
Back in November of 2021, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc in deciding D.D. v. Los Angeles Unified School District (9th Cir. 2021) 18 F.4th 1043, addressed 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 Educ
Exhaustion of IDEA Administrative Remedies Is Not Required to Pursue Non-IDEA Remedies, Such as Compensatory Damages Under the ADA
The U.S. Supreme Court, in Perez v. Sturgis Pub. Sch. (2023) ___U.S.___ [143 S.Ct. 859], unanimously ruled that a student who settled an administrative proceeding for relief under the Individuals with Disabilities Education Act (IDEA) may thereafter seek relief in federal court under the Americans with Disabilities Act (ADA) because his lawsuit sought compensatory damages—a type of
As a reminder, school districts and county offices of education should update their parental annual notices (Annual Notices) for the upcoming 2023-2024 school year.
Ninth Circuit Clarifies How to Analyze Academic Benefit for "Least Restrictive Environment" Purposes Under the IDEA
A recent decision from the Ninth Circuit Court of Appeals held that a school district's proposed individualized education program (IEP) violated the Individuals with Disabilities Education Act (IDEA) because it required a student to spend over half of his day in a special education classroom, when his parents believed he should spend most of his day in general education.
New Excused Absence for Student Participation in Political or Civic Event and Other School Calendar Updates
There have been several recent updates regarding authorized student absences and school calendars.
Legislative Update: New Requirements for COVID-19 Testing Plans and New Rules for Supplemental Vision Services for Students
Two important bills, Senate Bill (SB) 1479 and Assembly Bill (AB) 2329, signed by Governor Newsom in September 2022, require school districts, county offices of education, and charter schools to have a plan for COVID-19 testing in schools and authorize local educational agencies (LEAs) to provide supplemental vision services for students, in addition to those already required by law.
In its recent opinion in D.O. v. Escondido Union School District (9th Cir. Jan. 31, 2023, No. 21-55498), the Ninth Circuit Court of Appeals reversed a federal district court and determined a four-month delay in proposing to assess a student for autism was neither a procedural nor substantive violation of the federal Individuals with Disabilities Education Act (IDEA).
Senate Bill (SB) 997 requires that, by July 1, 2024, all school districts and county offices of education serving students in middle or high school include students in the local control and accountability plan (LCAP) update process.