During the current COVID-19 pandemic, there have been many changes related to educational services which impact students receiving special education. On June 29, 2020, Governor Newsom signed the 2020 Budge Act and accompanying budget-implementing legislation, including Senate Bill (SB) 98 (Chapter 24, Statutes of 2020), the education omnibus trailer bill. This Senate Bill changes various provisions in the California Education …
Gavin Newsom’s Address Regarding Schools Reopening: Most Schools will Not Reopen this Fall
On Friday, July 17, 2020 Gavin Newsom gave an address regarding the state of education in California given the impact of COVID-19. Newsom started his address with some “Bottom Line” points. First, he said that learning is non-negotiable, and that schools must provide meaningful instruction during the pandemic whether they are physically open or closed. Newsom’s second bottom line point …
Students of Color and Students with Disabilities are Disproportionately Disciplined
UCLA Civil Rights Project’s Center for Civil Rights Remedies released a report titled, Is California Doing Enough to Close the School Discipline Gap?, a seven year trend analysis of school discipline rates in California. It goes without saying that students who are suspended miss instructional days, causing those students to fall behind. The report found that a troubling “discipline gap” …
New U.S. Department of Education Guidance: Dispute Resolution During COVID-19
On June 22, 2020, the U.S. Department of Education (Department) issued new guidance regarding dispute resolution in special education in the current COVID-19 environment. This guidance does not create any additional requirements outside of the law. Rather, it provides an interpretation of existing law in light of the COVID-19 pandemic. This guidance was issued in two parts, one applying to …
The Supreme Court’s DACA Ruling
On Thursday, June 18, 2020, the United States Supreme Court issued a decision shooting down the Trump administration’s 2017 attempt to end Deferred Action for Childhood Arrivals (DACA). This is a great victory for Dreamers, who can continue to receive federal benefits protection from deportation for the time being. This is not, however, the end of the battle. The Supreme …
Breaking news from LAUSD
May 18, 2020 The Los Angeles Unified School District (LAUSD) has issued a Prior Written Notice explaining its response to the COVID-19 pandemic and its distance learning program. On March 16, 2020, LAUSD closed its schools due to COVID-19. On April 13, 2020, LAUSD extended its school closures through June 12, 2020, the end of the 2019-2020 school year. In the meantime, …
A Report Back from A Conversation State Director of Special Education, California Department of Education
On May 4, 2020, Associate Attorney, Alex Rodriguez tuned into a conversation with Kristin Wright, State Director of Special Education at California Department of Education (“CDE”). This report back is a summary of the call, and does not represent legal advice. Ms. Wright stated that parents with special needs children, who are struggling during the pandemic to get the appropriate …
Mental Health During COVID-19
Dealing with the drastic lifestyle changes caused by COVID-19 can be very stressful for both parents and students. In light of these changes, it is especially important that we protect our mental health and that of those around us. Parents may find our new normal overwhelming, having to now take on the role of being schoolteachers and counselors, especially as …
Governor Newsom Discusses Outline to Reopen Schools
Today, Governor Gavin Newsom gave an address that outlined a plan to reopen California. On the four phases of reopening, California’s schools fall into the “Phase Two,” category of re-opening. He also mentioned opening some school districts as early as July or August in order to remediate learning that has been lost during this time. These early reopenings will likely …
Department of Education Report: No Waivers to Students’ Rights
On April 27, 2020, Secretary of Education Betsy DeVos submitted her report concerning waivers to the Individuals with Disabilities Education Act (“IDEA”) and Section 504 of the Rehabilitation Act of 1973 (“Section 504”). DeVos and the Department of Education (“Department”) are not requesting waivers that would impact a student’s right to receive a free and appropriate public education in the least …