Entries by Michael Travis

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OSEP Expands Parents’ Right to an IEE to an Area Not Previously Assessed by the School District’s Evaluation

In a letter dated February 23, 2015, the United States Department of Education’s Office of Special Education and Rehabilitative Services (“OSEP) stated that when a parent disagrees with a school district evaluation because a child was not assessed in a particular area, the parent has the right to request an Independent Educational Evaluation (“IEE”) to […]

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Suspension of Level 3 Developer Fees Expires

On June 27, 2012, the Governor signed Senate Bill (SB) 1016, which in part amended Government Code section 65995.7 to make the authorization for “Level 3” developer fees inoperative through December 31, 2014, regardless of the status of state funding, except under two circumstances. With the Legislature failing by August 31, 2014, to place a […]

Student May Be Transferred To Continuation High School Following Hearing Without Exhausting All Other Means Of Correction

In Nathan G. v. Clovis Unified School District, the California Court of Appeal recently held that a school district can involuntarily transfer a student to continuation high school, without having to exhaust all other means of correction. Education Code section 48432.5 states in pertinent part: “A decision to transfer the pupil involuntarily shall be based […]

Communications Between Public Officials Using Private Cell Phones And Email Accounts Are Not Public Records Under The California Public Records Act

The California Court of Appeal recently held that the California Public Records Act (“Act”) does not require access to communications between public officials using exclusively private cell phones or e-mail accounts. These private communications sent or received by public officials and employees on their private electronic devices using their private accounts, i.e., communications that are […]

Demers v. Austin: Ninth U.S. Circuit Court Of Appeals Concludes University Professor’s Public Comments On Department Reorganization Plan Constitute Matters Of Public Interest Requiring First Amendment Analysis

The 9th Circuit Court of Appeals recently determined that a university professor’s writings and comments on proposed department reorganization required an analysis under the First Amendment. By so concluding, the appellate court reversed the lower court’s decision that the professor’s speech did not address matters of public concern. Demers v. Austin, 2014 DJDAR 1190 (Jan. […]