1. August 1, 2017

    Apps to Watch as Kids Return to School

    BY: Cathie Fields, Amy Estrada

    As schools reopen for the new year, many students will arrive with smartphones in their pockets or backpacks, loaded with apps that can create headaches for parents, teachers, and administrators. Some apps, by design, allow kids to hide images and data, and even the existence of the apps themselves. Many apps cost nothing and require […] more

  2. April 26, 2017

    Avoid Being Monetarily Fried by Fry

    BY: Adam Newman, Gabrielle Ortiz

    In the past, the IDEA’s exhaustion requirement has been applied in various parts of the United States to routinely bar lawsuits for injunctive relieve and/or money damages against school districts and their employees for violations of Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and the Americans with Disabilities Act (“ADA”), when administrative […] more

  3. March 3, 2017

    ADA and 504: Leaving a Paper Trail

    BY: Adam Newman, Justin Shinnefield, Gabrielle Ortiz

    An individual has a disability under the Title II of the ADA (“ADA”) and Section 504 of the Rehabilitation Act of 1973 (“Section 504”) if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such […] more

  4. December 18, 2015

    May Your Days Be Merry and Bright, and Your Drones be Registered for Flight

    BY: Sharon Ormond, Jacquelyn Takeda

    On December 14, 2015, the U.S. Department of Transportation’s Federal Aviation Administration (FAA) released a “final interim rule” for registering unmanned aircraft systems (UAS), or drones, just in time for the holiday season.  (Note: Although the new rule goes into effect on December 21, 2015, the FAA has also created a second “notice and comment” […] more

  5. May 26, 2015

    What It Really Means To Be a “Frivolous Claim” for Purposes of Fee-Shifting

    BY: Joanne Kim, Karen Gilyard

    A case out of the Ninth Circuit Court of Appeals, C.W. v. Capistrano Unified School District, was decided on March 2, 2015 and involved the review of a district court’s award of attorney’s fees to a California school district upon a finding that the claims therein were frivolous, unreasonable, and without foundation. The IDEA provides […] more

  6. December 1, 2014

    School Sports and Interscholastic Programs in Full Swing: Recognizing when Section 504 Applies

    BY: Jennifer Baldassari, Karen Gilyard

    Section 504 of the Rehabilitation Act of 1973 (“Section 504”), through its implementing regulations in Subpart D, requires that students with disabilities have the opportunity to equally participate in extracurricular activities, including afterschool sports and interscholastic programs. The Section 504 regulations specifically outline a school district’s obligation to provide extracurricular activities in “such a manner […] more

  7. November 21, 2014

    Bullying & Harassment in Special Education

    BY: Adam Newman, Kristin Myers

    School districts (and county offices of education and charter schools) can be liable for failing to address the bullying or harassment of a student with a disability.  Are you properly addressing and responding to complaints of bullying and harassment?   Bullying is defined as aggression used within a relationship where the aggressor has more or […] more

  8. September 2, 2014

    Parents Must Yield Some Control Over Assessments

    BY: Joanne Kim, Adam Newman, Karen Gilyard

    Assessments are one of the primary vehicles by which IEP teams better understand the unique educational needs of special education students.  There are times, however, when a school district’s efforts are frustrated before testing even begins.  Luckily, two recent cases, one decided before the California Office of Administrative Hearing (OAH) and a second decided by […] more

  9. August 6, 2014

    A Shortened School Day May Heighten the Risk for Disability Discrimination Claims

    BY: Jennifer Baldassari, Adam Newman, Karen Gilyard

    The California Education Code establishes the length of minimum school days for students based on grade levels. The minimum school day for students grades four through twelve is two-hundred and forty (240) minutes or four hours per school day.  Whereas, the minimum school day for grades one through three is two-hundred and thirty (230) minutes […] more

  10. June 11, 2014

    Don’t Make a Legal Wrong Turn: Requirements of Door-to-Door Transportation

    BY: Jennifer Baldassari, Adam Newman

    Whether or not door-to-door transportation is needed for a student with disabilities is an IEP team-based decision. To determine whether this type of transportation is required under the IDEA, courts have considered factors including the student’s needs, age, the nature of the student’s disability, the condition of the route to be traveled to the bus […] more