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Ninth Circuit Court of Appeals Affirms Dismissal of Class Action Seeking Overbroad Relief for Remote Learning During Pandemic While Confirming Need To Exhaust Administrative Remedies

USA - August 30 2022 On August 24, 2022, the Ninth Circuit issued its long awaited decision in Martinez, et al. V. Newsom, et al. (“Martinez”) (Appeal Case No. 20-56404)…

Scott D. Danforth,, Kristin M. Myers, Marlon C. Wadlington

Federal Appellate Court Decision Further Complicates School District Authority to Discipline Off-Campus Student Speech

USA - August 1 2022 In August, 2021, the United States Supreme Court broke new ground in Mahanoy Area School District v. B.L. (2021) 141 S.Ct. 2038, addressing for the…

Mark R. Bresee, Alexandria M. Davidson

OCR and OSEP Issue Six Guidance Documents, Again Cautioning School Districts to Ensure Nondiscriminatory Practices in Discipline and Behavior Management for Students with Disabilities

USA - July 22 2022 July 19, 2022 was busy day for the U.S. Department of Education, Office for Civil Rights (OCR) and Office of Special Education Programs (OSEP). All…

Alefia E. Mithaiwala

Times Are a Changin . . The Law on ESY Too?

USA - April 21 2022 The State Board of Education (SBE) issued a notice of proposed rulemaking on April 15, 2022. At issue are potential amendments to Title 5, California…

Ernest L. Bell

California Department of Public Health Issues Updated Guidance Regarding Face Coverings

USA - February 9 2022 On February 7, 2022, the California Department of Public Health (CDPH) issued updated Guidance for the Use of Face Masks, which goes into effect on…

Jennifer Grock, Jonathan Judge, Joshua E. Morrison, Brian M. Wheeler