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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

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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.

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District Court Rules College Policy Prohibiting "Inappropriate or Offensive" Student Postings May Violate Students' Free Speech Rights

The United States District Court for the Eastern District of California issued a preliminary injunction preventing a community college from enforcing a policy that prohibited student posted material that was "inappropriate" or "offensive."

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Ninth Circuit Upholds Student Discipline for Social Media Posts

In Chen v. Albany Unified School District (9th Cir. 2022) 56 F.4th 708, a panel of Ninth Circuit judges agreed with a lower court ruling that the school district's decision to discipline students who created and commented on racist social media posts attacking classmates and school staff did not violate those students' free speech rights when those off-campus posts circulated among other

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Ninth Circuit Holds Four-Month Delay in Autism Assessment Plan was not a Violation of IDEA

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).

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Ninth Circuit Talks Graduation and First Amendment Rights

In a recent opinion, Waln v. Dysart School District (9th Cir. 2022, Nos. 21-15737) __F.4th __ [2022 WL 17544355], the United States Ninth Circuit Court of Appeals analyzed a school district policy that prohibited students from decorating their graduation caps.

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