EdLawConnect Blog

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 prevailing plaintiff families the opportunity to seek attorney’s ...

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 after school sports and interscholastic programs. The Section 504 regulations specifically outline a school district’s obligation to provide extracurricular activities in “such a manner as is necessary to afford students with a disability an equal opportunity for participation in such services and activities.” (34 C.F.R. 104.37(a)(1).)

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 OAH then the United States District ...

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 or three hours and fifty minutes per school day.  (Ed. Code §§ ...