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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |