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BULLETINS

U.S. Supreme Court Reviews Arizona’s English Language Learners Programs and Funding System
On June 25, 2009, the United States Supreme Court ruled that the State of Arizona has not violated federal laws requiring schools to appropriately instruct English language learners (ELL). (Horne v. Flores and Speaker of the Arizona House of Representatives et al. v. Flores et al. (S.Ct. June 25, 2009 Nos.08-289, 08-294) 2009 WL 1789470.)... more

 

Private School Reimbursement for Disabled Student Not Previously Served by a Public School Upheld
The United States Supreme Court has declared that parents may claim reimbursement for private school tuition for their unilaterally placed disabled child even without first trying a public school special education program. (Forest Grove School District v. T.A., ___S.Ct.__, 2009 WL 1738644 (June 22, 2009).)... more

 

US Supreme Court Rules School Officials Violated Teen's Rights Strip-Searching Her for Ibuprofen
In an 8-to-1 ruling, the United States Supreme Court held that school officials at an Arizona middle school violated the Fourth Amendment’s ban on unreasonable searches when they conducted a strip-search of a teenage female student. Even though the search violated the Fourteenth Amendment, the court ruled individual school officials were not financially liable but remanded the case to the lower courts to decide the school district’s liability for the violation. (Safford Unified School District v. Redding, __S.Ct. __, 2009 WL 1789472 (June 25, 2009).)...more

 

Major Funds Available to District/Higher Ed Partnerships Under Teacher Quality Partnership Grant
As discussed in our April 27, 2009 client bulletin, “Overview of the American Recovery and Reinvestment Act – Federal Stimulus Bill,” the American Recovery and Reinvestment Act (“ARRA”), better known as the federal Stimulus Bill, funds Teacher Quality Enhancement grants, including the Teacher Quality Partnership Grant Program (“TQP Grant Program”). The TQP Grant Program will fund selected applicant “partnerships” in the amount of approximately $1.5 million per year over four or five years. The deadline for filing a non-mandatory “notice of intent” to apply for the TPQ Grant Program is quickly approaching, on June 26, 2009, and requires only a simple e-mail to the United States Department of Education (“USDOE”). The deadline for submitting the actual applications for the TQP Grant Program is July 23, 2009.....more

 

Testing Not Required For Triennial Assessments and Year-for-Year Progress Not Required For FAPE
In this heightened climate of litigation over the appropriateness of special education assessments and what constitutes an appropriate level of progress made by a student, we highlight this recent case litigated by our firm. (A.B. v. Long Beach Unified School District, CV 06-8185-GW (C.D. Cal. April 22, 2009).)....more

 

District’s Program for Deaf/Hard of Hearing Student Is Upheld
Amidst the rise in legal challenges to school districts’ programming for deaf and hard of hearing children, including those with cochlear implants, we highlight this recent case litigated by our firm. (J.W. v. Fresno Unified School District, 2009 WL 1139985 (E.D. Cal. April 27, 2009).)...more

 

Liability for Student-to-Student Sexual Harassment Extended to Individual Employees
In a recent decision, the Ninth Circuit ruled that a school administrator could discipline students for walking out of school to attend protest marches regarding immigration reform legislation. (Corales v. Bennett (9th Cir. 2009) ___ F3d ____ [2009 WL 1508581].)...more

 

FIRM UPDATE

Former Oakland Unified School District Chief Facilities Counsel Joins the Miller Brown & Dannis Team
The Business, Property and Construction Group at Miller Brown & Dannis (MBD) welcomes Catherine (Cate) Boskoff to its team of school law attorneys. Boskoff joins MBD as the former Chief Facilities Counsel for the Oakland Unified School District, responsible for legal matters on its $500 million + facilities and modernization Measure B program.

Click here to read more.

Register Today for MBD's "Avoiding and resolving construction claims."
On Tuesday, July 7th, MBD presents, "Avoiding and resolving construction claims" as part of its School Construction Lunchbox webinar series.

Click here to register. Click here to learn about more programs in the series.

Certificated "Summer" Layoffs Special Q+A Session
On June 3, 2009, MBD hosted a free 45-minute webinar devoted exclusively to "summer" certificated layoffs as authorized by Education Code §44955.5. On June 15, we continued this on-line discussion with a 30 minute follow-up webinar to answer your questions on this important topic.

Click here to view the video from the June 15th Q&A.

MBD’s Special Education and Students Coffee Break Series Continues Fall 2009
Back by popular demand, MBD presents its Special Education and Students Coffee Break Series. This cutting edge FREE Webinar series will help you stay on top of legal developments impacting your special education programs and student issues.

Click here to register on-line. Click here to download the flyer.

Appellate Court Confirms School Board’s Authority on Layoffs of Part-Time vs. Full-Time Teachers
The Labor Employment and Personnel division of Miller Brown & Dannis (MBD), California’s full-service education law firm since 1978, announced a significant victory for all California school districts in the appellate court ruling that recognizes the School Board’s “special competence” to determine the educational needs of its students in staffing schools and educational programs.

Click here to read more

Miller Brown & Dannis Represents Los Angeles USD in Reaching Healthcare Agreement
The Labor negotiating team of Miller Brown & Dannis (MBD), California’s full-service education law firm since 1978, announced the conclusion of a challenging negotiation process that resulted in a win-win agreement for LAUSD and approximately 250,000 District employees and their families.

Click here to read more.