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 due process procedures were ...
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 ...
California, along with 46 other states and the District of Columbia, are gearing-up to implement the common core standards for Math and English Language Arts in 2014. The intent of developing a national common core standard was to eliminate gaps in academic expectations throughout the United States and to more closely align the United States academic standards with international standards. The common core ...
Over the years two questions have come up frequently regarding prior written notices to parents/legal guardians:
1. When is a LEA required to provide prior written notice (“PWN”)?
2. What constitutes a legally sufficient PWN?
Fortunately for LEAs, the IDEA and case law address both of these questions with some detail.
When Notice is Required
Under the IDEA a parent must be provided with prior written
PLEASANTON, Calif. —Atkinson, Andelson, Loya, Ruud & Romo (AALRR) is pleased to welcome partner Elizabeth J. Rho-Ng to its Pleasanton office, where she will work in the firm’s Education Practice.
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