<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	>

<channel>
	<title>The Law Office of Gregory R. Branch</title>
	<atom:link href="http://www.ocspecialedattorney.com/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.ocspecialedattorney.com</link>
	<description>Your special needs attorney from Pre-K to College</description>
	<lastBuildDate>Thu, 09 May 2013 05:06:09 +0000</lastBuildDate>
	<language>en-US</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.5.1</generator>
		<item>
		<title>Orange County teachers&#8217; attorney sues over union dues</title>
		<link>http://www.ocspecialedattorney.com/orange-county-teachers-attorney-sues-over-union-dues/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=orange-county-teachers-attorney-sues-over-union-dues</link>
		<comments>http://www.ocspecialedattorney.com/orange-county-teachers-attorney-sues-over-union-dues/#comments</comments>
		<pubDate>Wed, 08 May 2013 16:34:21 +0000</pubDate>
		<dc:creator>Gregory Branch</dc:creator>
				<category><![CDATA[First Amendment]]></category>
		<category><![CDATA[fair share law]]></category>
		<category><![CDATA[Knox v. Service Employees International Union]]></category>
		<category><![CDATA[Orange County special education attorney]]></category>
		<category><![CDATA[teacher union due]]></category>

		<guid isPermaLink="false">http://www.ocspecialedattorney.com/?p=521</guid>
		<description><![CDATA[Two Orange County, California teachers are among a group of ten educators across the state who have sued seeking an end to having to pay mandatory California state teachers&#8217; union fees according to their attorney. The teachers&#8217; argument is that &#8230; <a href="http://www.ocspecialedattorney.com/orange-county-teachers-attorney-sues-over-union-dues/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
				<content:encoded><![CDATA[<p><span style="color: #333333; font-style: normal; line-height: 24px;">Two Orange County, California teachers are among a group of ten educators across the state who have sued seeking an end to having to pay mandatory California state teachers&#8217; union fees according to their attorney.</span><img class="aligncenter" alt="" src="http://1.bp.blogspot.com/-PsHPJ47vJ1c/TyAyiseTEsI/AAAAAAAAANk/vlMGHC1J8Lo/s1600/Unfair.png" /></p>
<p>The teachers&#8217; argument is that <a href="http://www.perb.ca.gov/laws/statutes.asp">California&#8217;s current &#8220;agency shop&#8221; law</a> violates their <a href="https://en.wikipedia.org/wiki/Freedom_of_expression">First Amendment freedom of expression rights</a> by forcing them to pay $1,000 per year that end up supporting political causes with which they do not agree.</p>
<p>None of the ten teachers are union members. Despite this fact though, all of them are required to pay an amount equal to teacher union dues under a law also known as the &#8220;fair share&#8221; law. It is premised on the <a href="http://www.ocspecialedattorney.com/tag/idea/" class="st_tag internal_tag" rel="tag" title="Posts tagged with IDEA">idea</a> that because unions are required to represent all employees, even those not belonging to the union, that all teachers should bear the administrative cost of such representation.</p>
<p>The teachers, through their attorney, are arguing that a 2012 Supreme Court decision suggests that they should not be required to continue to pay. The teachers are trying to extend the logic of 2012’s <a href="http://scholar.google.com/scholar_case?case=1028149288509909416&amp;hl=en&amp;as_sdt=2&amp;as_vis=1&amp;oi=scholarr"><em>Knox v. Service Employees International Union</em></a>, in which a 5-4 Supreme Court majority held agency fees permissible, provided that unions offer an opt-out method.</p>
<p>It is not contested here that teachers in California are indeed afforded an opt-out method. The process though, according to the teacher&#8217;s legal counsel, is cumbersome and rarely utilized. Given that decision, how do the teachers hope to win this case? In the 2012 case, conservative justices on the court suggested that they are open to the argument that such fees are inherently unconstitutional. The teachers hope to be able to sway a majority of justices over to that line of thinking.</p>
<p>Currently though, the case is not at the Supreme Court level. It was filed in a federal district court here in California. The <a href="http://www.scpr.org/blogs/education/2013/05/01/13511/california-teachers-sue-unions-to-stop-dues/">attorney believes</a> that the case could end up on the Supreme Court&#8217;s docket as early as next year.</p>
<p><a href="www.ocspecialedattorney.com">Gregory R. Branch, Esq</a>. is an <a href="http://www.ocspecialedattorney.com/tag/orange-county-special-education/" class="st_tag internal_tag" rel="tag" title="Posts tagged with Orange County Special Education">Orange County special education</a> attorney. He represents families in disputes with school districts in Orange, Riverside, and Los Angeles Counties. If you are currently engaged in a <a href="http://www.ocspecialedattorney.com/tag/special-education-2/" class="st_tag internal_tag" rel="tag" title="Posts tagged with special education">special education</a> dispute, please contact his office at (714) 856-1166 or be emailing <a href="gregorybranch@edrightsadvocate.com">gregorybranch@edrightsadvocate.com</a>.</p>
<div class="twttr_button">
					<a href="http://twitter.com/share?url=http://www.ocspecialedattorney.com/orange-county-teachers-attorney-sues-over-union-dues/&text=Orange County teachers' attorney sues over union dues" target="_blank" title="Click here if you like this article.">
						<img src="http://www.ocspecialedattorney.com/wp-content/plugins/twitter-plugin/images/twitt.gif" alt="Twitt" />
					</a>
				</div>]]></content:encoded>
			<wfw:commentRss>http://www.ocspecialedattorney.com/orange-county-teachers-attorney-sues-over-union-dues/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Orange County special education attorney opposes AASA proposal</title>
		<link>http://www.ocspecialedattorney.com/orange-county-special-education-attorney-opposes-aasa-proposal/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=orange-county-special-education-attorney-opposes-aasa-proposal</link>
		<comments>http://www.ocspecialedattorney.com/orange-county-special-education-attorney-opposes-aasa-proposal/#comments</comments>
		<pubDate>Sun, 28 Apr 2013 22:22:36 +0000</pubDate>
		<dc:creator>Gregory Branch</dc:creator>
				<category><![CDATA[Due Process]]></category>
		<category><![CDATA[FAPE]]></category>
		<category><![CDATA[IEP]]></category>
		<category><![CDATA[Special Education]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[consultant IEP process]]></category>
		<category><![CDATA[facilitated IEP]]></category>
		<category><![CDATA[IDEA]]></category>
		<category><![CDATA[Orange County special education attorney]]></category>
		<category><![CDATA[Rethinking Special Education Due Process]]></category>
		<category><![CDATA[special education attorney]]></category>

		<guid isPermaLink="false">http://www.ocspecialedattorney.com/?p=511</guid>
		<description><![CDATA[As an Orange County special education attorney, California, I am writing here to explain my opposition to the School Superintendent&#8217;s Association&#8217;s (AASA) recently released policy proposal Rethinking Special Education Due Process (RSEDP). I have a number of concerns with this document which &#8230; <a href="http://www.ocspecialedattorney.com/orange-county-special-education-attorney-opposes-aasa-proposal/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
				<content:encoded><![CDATA[<p><img class="aligncenter size-medium wp-image-514" alt="DueProcessLaw" src="http://www.ocspecialedattorney.com/wp-content/uploads/2013/04/DueProcessLaw-300x170.png" width="300" height="170" /></p>
<p>As an <a href="http://www.ocspecialedattorney.com/tag/orange-county-special-education/" class="st_tag internal_tag" rel="tag" title="Posts tagged with Orange County Special Education">Orange County special education</a> attorney, California, I am writing here to explain my opposition to the School Superintendent&#8217;s Association&#8217;s (AASA) recently released policy proposal <a href="http://www.aasa.org/uploadedFiles/Policy_and_Advocacy/Public_Policy_Resources/Special_Education/AASARethinkingSpecialEdDueProcess.pdf" target="_blank" rel="nofollow">Rethinking Special Education Due Process</a> (RSEDP). I have a number of concerns with this document which I would like to address. First though, let me give a brief overview of the document&#8217;s purpose and policy proposals.</p>
<p><a href="http://www.ocspecialedattorney.com/tag/idea/" class="st_tag internal_tag" rel="tag" title="Posts tagged with IDEA">IDEA</a> is the major law governing <a href="http://www.ocspecialedattorney.com/tag/special-education-2/" class="st_tag internal_tag" rel="tag" title="Posts tagged with special education">special education</a></p>
<p>law in school. It currently is past due for reauthorization, but to borrow a line from another <a href="http://specialeducationlawblog.blogspot.com/" target="_blank">special education blogger, Jim Gerl</a>, &#8220;Congress is too busy ignoring other important issues at this time.&#8221; Since it stands to reason that Congress will indeed decide at some point to address this important piece of legislation, AASA produced RSEDP for the purpose of influencing the conversation around what sort of changes should be included when that gets done.</p>
<p>In a nutshell (for a longer discussion of what RSEDP contains, read <a title="School Superintendents Association seeks end to special education due process" href="http://www.examiner.com/article/school-superintendents-association-seeks-end-to-special-education-due-process" target="_blank">my article on </a></p>
<p><a title="School Superintendents Association seeks end to special education due process" href="http://www.examiner.com/article/school-superintendents-association-seeks-end-to-special-education-due-process" target="_blank">Examiner.com</a>), AASA is proposing a complete overhaul of the dispute resolution section of IDEA. Under its proposal, due process hearings (DPH) would be eliminated, mediation would no longer be binding, and parents would no longer be allowed to be represented by attorneys or advocates during mediation. In place of DPHs, AASA recommends two alternative procedures, facilitated IEPs and a &#8220;<a href="http://www.ocspecialedattorney.com/tag/consultant-iep-process/" class="st_tag internal_tag" rel="tag" title="Posts tagged with consultant IEP process">consultant IEP process</a>.&#8221;</p>
<p><strong><a href="http://www.ocspecialedattorney.com/tag/facilitated-iep/" class="st_tag internal_tag" rel="tag" title="Posts tagged with facilitated IEP">Facilitated IEP</a></strong>: A facilitated IEP would be used to resolve disputes before a formal due process complaint has been filed by bringing in an outside contracted &#8220;state-approved, trained IEP facilitator&#8221; who would be a &#8220;neutral, state-provided, trained facilitator.&#8221; The facilitator would attempt to help the district and parents reach agreement before legal paperwork is filed. Personally, I do not have any issue with the addition a facilitated IEP when an IEP between the district and the parent fails to reach agreement. Such a system can help solve problems before they become larger and more personal.</p>
<p><strong>Consultant IEP Process</strong>: If a formal due process complaint has been filed and mediation failed or if one of the parties believed that mediation would be fruitless, the parties would be required to select &#8220;an independent, neutral special education consultant designated by the state to review evidence of the child&#8217;s disability and advise the parties on how to devise a suitable IEP.&#8221; The consultant would have 21 days to collect all the necessary information and design an IEP to be given to the parties. Both parties would agree to honor the IEP for an agreed upon period of time. If at the conclusion of that time period either party was dissatisfied with the consultant&#8217;s IEP, that party could litigate their claim in court.</p>
<p>As a <a href="http://www.ocspecialedattorney.com/tag/special-education-attorney/" class="st_tag internal_tag" rel="tag" title="Posts tagged with special education attorney">special education attorney</a> here in Orange County, Calfornia, following are some of the major objections I have to AASA&#8217;s proposal.</p>
<p><strong>This is a Civil Rights Issue</strong></p>
<p>The reason why IDEA was enacted over thirty years ago was to protect the civil rights of disabled students. AASA argues that these protection can now be watered down because of increased government oversight of special education programs due to mechanism within <a href="www.ed.gov/policy/speced/guid/idea/idea2004.html" target="_blank">IDEA 2004</a> and <a href="en.wikipedia.org/wiki/No_Child_Left_Behind_Act" target="_blank">No Child Left Behind</a> (NCLB). I strongly disagree. Yes, these measures have increased oversight on the overall special education system. Under NCLB, districts are required to report on the overall academic achievement of their disabled students and schools and districts can face sanctions for not meeting nation-wide standards on these measures. It is also true that IDEA 2004 requires districts to report on numerous performance and compliance measures. Failure to comply with these rules can lead to a loss of significant federal dollars.</p>
<p>Yes, these things are true. However, these are macro measures not micro measures. They ensure the system is working as a whole; these laws do nothing to ensure that a district is meeting the needs of an individual child. It is not enough to say to a parent that district children are advancing, but sorry, the IEP for your child does not ensure a free and adequate public education. Each parent and child count, so to undermine the system supporting their right to challenge a district premised on the notion that the overall system as a whole now has greater accountability simply is insufficient. Civil rights are there for the individual. It is not enough to argue that we are meeting the needs for some percentage of individuals; the system is there to protect each individuals right to an education.</p>
<p><strong>Unfairly Tilting the Balance of Power</strong></p>
<p>After reading AASA&#8217;a RSEDP, I walked away with the strong suspicion that AASA was trying to place its thumb heavily upon the balance of power that currently exists between parents and districts. The proposal seeks to strip parents of the right to representation during mediation. While I know lawyer-bashing is an American past-time, lawyers and advocates serve an important role in special education mediation. Keep in mind what such a mediation would often look like. During mediation, a highly-trained district office administrator, many of whom who hold doctorate degrees in education or more specifically special education, would be facing a parent who is generally lacking in knowledge about education in general and also <a href="http://www.ocspecialedattorney.com/tag/special-education-law/" class="st_tag internal_tag" rel="tag" title="Posts tagged with special education law">special education law</a>. There is a gross mismatch in terms of understanding of the system and its rules and regulations. Such a situation literally invites district overreaching.</p>
<p>The AASA report states the use of attorneys has limited the effectiveness of mediation because their presence &#8220;complicates and compromises the outcome of mediation.&#8221; I was interested in following up on this quote and the context in which it was given but was unable to do so because the footnote is incorrect. It states the author of the quote is Mueller and states she is cited at 58. She is not. She is cited several times in the report, but the articles as cited are not accessible unless one is a subscriber to a service. That said, what attorneys provide is knowledge of their client&#8217;s rights. If advocating for their client &#8220;complicates and compromises the outcome of mediation,&#8221; then I would argue the suggested outcome was not a fair one for the parent or, more importantly, the child.</p>
<p>Given the above, it appears that AASA basic proposal is that its members should enter mediation with knowledge and authority while parents should not. They believe that when parents have knowledge of their rights through advocacy that it only complicates the process. Our disabled children deserve a better philosophical approach then AASA is offering here.</p>
<p><strong>A Solution in Search of a Problem</strong></p>
<p>A final issue of mine with the proposal is that it is a solution for a non-existent problem. While the proposal attempts to paint due process hearings as a major source of problems for school districts, the report&#8217;s statistics clearly show that DPHs are not. The statistics given here were collected by AASA for use in this proposal. 200 randomly selected school superintendents were surveyed about the impact of the due process hearing system on their respective districts. Of those 200 superintendents, 99 reported that their district had not been engaged in a single due process hearing during the last 5 years. 29 reported having one due process hearing in the last five years, 44 reported having between 2 and 5, 14 reported between 6 and 10, and 6 had 11 or more.</p>
<p>The reality is that when almost half the respondents do not report a single DPH and of the remainder, 3/4 had been involved in less than 5, this is not a significant issue. Also, keep in mind when reading these statistics that AASA did not ask whether the district had prevailed, lost, or had a mixed ruling of losing on some and winning on some of the issues. While it is true that districts prevail more than they lose, a large number of these DPH cases were cases where the parents prevailed because the district involved was not doing its job.</p>
<p>Based on this reasoning, districts are facing a very small number of cases in which the parents do not have a legitimate issue of contention with the district&#8217;s proposed IEP or implementation of an actual agreed upon IEP. Also, just because the district won (or the parent for that matter), does not mean that there was not a legitimate question that needed to be resolved. Thus, doing away with DPHs when there are so few of them across the nation is a solution for a problem that does not exist.</p>
<p><strong>Conclusion</strong>:</p>
<p>I could go on with other arguments, (<a href="http://specialeducationlawblog.blogspot.com/" target="_blank">effect on the court system</a>, the idea that stress on school personnel is a valid reason to lessen disabled children&#8217;s civil right, etc&#8230;) but the above should be sufficient to show that AASA&#8217;s proposal is flawed and should not be followed. Our disabled children need protection. One only needs look back to the system that existed prior to IDEA where only 20% of our disabled children were even being educated to know that IDEA and its protections serve an important purpose. IDEA is an important civil rights tools and should not be watered down based on the flawed reasoning displayed in RSDEP.</p>
<p>For another thoughtful criticism of this proposal by Mary Richard, a special education attorney, <a href="http://specialeducationlawmmr.blogspot.com/2013/04/aasa-emperors-new-clothes-special.html">click here</a>.</p>
<p>Gregory R. Branch is an Orange County attorney who practices in the area of special education. If you are having a dispute with your local school district, please call him at (714) 856-1166 or email him at gregorybranch@edrightsadvocate.com.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<div class="twttr_button">
					<a href="http://twitter.com/share?url=http://www.ocspecialedattorney.com/orange-county-special-education-attorney-opposes-aasa-proposal/&text=Orange County special education attorney opposes AASA proposal" target="_blank" title="Click here if you like this article.">
						<img src="http://www.ocspecialedattorney.com/wp-content/plugins/twitter-plugin/images/twitt.gif" alt="Twitt" />
					</a>
				</div>]]></content:encoded>
			<wfw:commentRss>http://www.ocspecialedattorney.com/orange-county-special-education-attorney-opposes-aasa-proposal/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>District special education litigation costs become more transparent in California</title>
		<link>http://www.ocspecialedattorney.com/district-special-education-litigation-costs-become-more-transparent-in-california/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=district-special-education-litigation-costs-become-more-transparent-in-california</link>
		<comments>http://www.ocspecialedattorney.com/district-special-education-litigation-costs-become-more-transparent-in-california/#comments</comments>
		<pubDate>Mon, 01 Apr 2013 17:47:07 +0000</pubDate>
		<dc:creator>Gregory Branch</dc:creator>
				<category><![CDATA[Special Education]]></category>
		<category><![CDATA[litigation costs. County of Los Angeles v. Anderson-Barker]]></category>
		<category><![CDATA[Orange County Special Education]]></category>
		<category><![CDATA[Orange County special education attorney]]></category>

		<guid isPermaLink="false">http://www.ocspecialedattorney.com/?p=506</guid>
		<description><![CDATA[The California Supreme Court recently upheld and certified for publication a non-special education case that has important ramifications for special education across the state. For years, the special education litigation costs for districts have been a closely guarded secret. In &#8230; <a href="http://www.ocspecialedattorney.com/district-special-education-litigation-costs-become-more-transparent-in-california/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
				<content:encoded><![CDATA[<p>The California Supreme Court recently upheld and certified for publication a non-<a href="http://www.ocspecialedattorney.com/tag/special-education-2/" class="st_tag internal_tag" rel="tag" title="Posts tagged with special education">special education</a> case that has important ramifications for <a href="http://www.ocspecialedattorney.com/tag/special-education-2/" class="st_tag internal_tag" rel="tag" title="Posts tagged with special education">special education</a> across the state. For years, the <a href="http://www.ocspecialedattorney.com/tag/special-education-2/" class="st_tag internal_tag" rel="tag" title="Posts tagged with special education">special education</a> litigation costs for districts have been a closely guarded secret. In fact, when I interned with a <a href="http://www.ocspecialedattorney.com/tag/special-education-2/" class="st_tag internal_tag" rel="tag" title="Posts tagged with special education">special education</a> attorney representing districts some years ago. I was handed a document that listed costs per district and was expressly told to never release the information (which I will not) and told that districts never want the information to get out to the public.</p>
<p>Now though, everyone who is interested should be able to gain access to this information. In <span style="text-decoration: underline;"><em><a href="http://www.voiceofoc.org/pdf_5c926064-8a8d-11e2-aaa8-001a4bcf887a.html">County of Los Angeles vs. Anderson-Barker</a></em></span>, California&#8217;s Supreme Court has published that the main legal basis given by districts does not hold water and such information will have to be released if districts are presented with a proper request for the information. In the case, an attorney sought litigation cost expense in an on-going civil rights matter currently being heard in the courts.</p>
<p>Requests for information from state public agencies are covered under the <a href="http://en.wikipedia.org/wiki/California_Public_Records_Act" target="_blank" rel="nofollow">California Public Records Act, (CPRA)</a>. This law was enacted in 1968 and modeled after the federal <a href="http://en.wikipedia.org/wiki/Freedom_of_Information_Act_(United_States)" target="_blank" rel="nofollow">Freedom of Information Act (FOIA)</a>. The purpose of the CPRA is to increase &#8220;freedom of information by giving members of the public access to information in the possession of public agencies.&#8221; Like the FOIA, this law creates specific exemptions which public agencies can cite in order to avoid revealing information considered sensitive. When parents or attorneys request that districts and or Special Education Local Plan Agencies (SELPAs) turn over litigation expense information, district have blocked such requests using three specific exemptions from CPRA: 1) attorney-client privilege; 2) attorney work product doctrine; and 3) the pending litigation exemption.</p>
<p>In this decision, which focused on the pending litigation exemption, the court made quick work of the County&#8217;s arguments not to disclose the information. According to the court, under CPRA, the pending litigation exemption applies to documents prepared specifically for litigation. Billing statements and the like, while related to the litigation, are not covered because the information was not compiled for litigation but rather for billing purposes related to getting paid. The court stated, &#8221;this is true even though the requested records relate to pending litigation and, indeed, would not have existed but for the pending litigation.&#8221; Based on this decision, school district special education litigation costs will become more transparent, because districts have long used this same argument to block requests for litigation expense information.</p>
<p>For a more thorough explanation of the decision, read <a href="http://www.examiner.com/article/school-district-special-education-legal-costs-become-more-transparent">my Examiner.com article on the same issue</a>.</p>
<div class="twttr_button">
					<a href="http://twitter.com/share?url=http://www.ocspecialedattorney.com/district-special-education-litigation-costs-become-more-transparent-in-california/&text=District special education litigation costs become more transparent in California" target="_blank" title="Click here if you like this article.">
						<img src="http://www.ocspecialedattorney.com/wp-content/plugins/twitter-plugin/images/twitt.gif" alt="Twitt" />
					</a>
				</div>]]></content:encoded>
			<wfw:commentRss>http://www.ocspecialedattorney.com/district-special-education-litigation-costs-become-more-transparent-in-california/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Due process required to revoke inter-district transfer</title>
		<link>http://www.ocspecialedattorney.com/due-process-required-to-revoke-inter-district-transfer/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=due-process-required-to-revoke-inter-district-transfer</link>
		<comments>http://www.ocspecialedattorney.com/due-process-required-to-revoke-inter-district-transfer/#comments</comments>
		<pubDate>Sun, 31 Mar 2013 21:04:16 +0000</pubDate>
		<dc:creator>Gregory Branch</dc:creator>
				<category><![CDATA[Attendance]]></category>
		<category><![CDATA[Expulsion]]></category>
		<category><![CDATA[School discipline]]></category>
		<category><![CDATA[expelling a student on an inter-district transfer]]></category>
		<category><![CDATA[expelling an out-of-district student]]></category>
		<category><![CDATA[G.C. v. Owensboro Public Schools]]></category>
		<category><![CDATA[revocation of an inter-district transfer]]></category>
		<category><![CDATA[revoking a school transfer]]></category>

		<guid isPermaLink="false">http://www.ocspecialedattorney.com/?p=501</guid>
		<description><![CDATA[A federal court has ruled that under existing Kentucky law, a school district must provide due process when revoking an inter-district transfer once it has been granted for that school year. In G.C. v. Owensboro Public Schools, a panel of the &#8230; <a href="http://www.ocspecialedattorney.com/due-process-required-to-revoke-inter-district-transfer/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
				<content:encoded><![CDATA[<p>A federal court has ruled that under existing Kentucky law, a school district must provide due process when revoking an inter-district transfer once it has been granted for that school year.</p>
<p>In <a href="http://www.ca6.uscourts.gov/opinions.pdf/13a0078p-06.pdf"><em>G.C. v. Owensboro Public Schools</em></a>, a panel of the U.S. Court of Appeals for the 6th Circuit ruled 2-1 that a student&#8217;s due process rights were violated when the school district terminated his inter-district transfer for disciplinary reasons without a hearing after the transfer had already been granted and the child had begun attending school.</p>
<p>In the case, a student identified as G.C. began attending <a href="www.owensboro.k12.ky.us/">Owensboro Public School District </a>at the start of his 7th grade year in 2005 under a reciprocal agreement with <a href="www.daviesskyschools.org/">Daviess County Public School District</a>, his district of residence. This agreement is governed by Board Policy 09.125 which provides in pertinent part, &#8220;The continued enrollment of non-resident students in the District’s schools is subject to the recommendation of the school Principal and the approval of the Superintendent.&#8221;</p>
<p>Per court documents, G.C. began having disciplinary problems during his freshman year at <a href="www.owensboro.k12.ky.us/ohs/">Owensboro High School</a>. In September of that year, G.C. was given a warning for using profanity in class. In November of 2008, G.C. was warned about excessive tardies to class and also disciplined for fighting and arguing in the boys&#8217; locker room. During that same school year, in March, 2009, G.C. walked out of a meeting with the prevention coordinator for the high school.</p>
<p>School officials convened a hearing with G.C. and his parents regarding that last incident and G.C. was placed on probation and given a four-day in-school suspension. In just under a month G.C. was again suspended, this time for yelling and hitting a locker. At the end of the 2008-2009 school year, the school principal recommended to the district superintendent, Larry Vick,  that G.C.&#8217;s inter-district transfer not be renewed. Vick chose not to follow that recommendation and instead had a meeting with G.C.&#8217;s parents to discuss conditions for G.C.&#8217;s continued attendance at Owensboro High School. Per Vick&#8217;s testimony, at the meeting the parents were informed that any further disciplinary actions would result in G.C. not being able to continue attending the high school.</p>
<p>With this understanding, G.C.&#8217;s parents re-enrolled him at the high school for the 2009-2010 school year. Despite this agreement though, on September 2, 2009, G.C. was caught violating the school&#8217;s cell phone policy by texting during class. Based on this incident, the principal recommended to Vick that G.C.&#8217;s inter-district transfer privilege be revoked, and Vick agreed. G.C.&#8217;s parents were shortly thereafter informed of the revocation and informed that they could appeal the decision. After a meeting with the parents, their attorney, and the superintendent wherein they were informed that the revocation would stand based on the fact that G.C. &#8220;had violated the condition of his out-of-district privilege to attend Owensboro High School by texting in class,&#8221; the parents filed suit on a number of different grounds, including a denial of due process. The parents lost in federal district court but prevailed before the 6th Circuit.</p>
<p>In analyzing the case, the court began by noting <a href="en.wikipedia.org/wiki/Goss_v._Lopez"><em>Goss v. Lopez</em></a> which held that the <a href="www.law.cornell.edu/constitution/amendmentxiv">14th Amendment&#8217;s Due Process Clause</a> applies to suspension or expulsion from school where a state has conferred a property interest in public education. As is true in most if not all states across the United States, in Kentucky, a hearing is required before an expulsion can occur unless the student&#8217;s presence is dangerous or disruptive. Where a student is deemed dangerous or disruptive, a hearing is still required, but the student can be suspended from school pending the outcome of the hearing.</p>
<p>Both the state of Kentucky law and Owensboro Public School district regulations have expressly adopted regulation that states that expulsion from school requires a hearing. Here, it is undisputed that G.C. did not receive a hearing; it is disputed whether G.C. was expelled. While G.C.&#8217;s attorneys categorized the removal from Owensboro as an expulsion, the district argued what occurred was not an expulsion but a revocation of his right to Owensboro as an out-of-district student.</p>
<p>The lower court decision held that the district&#8217;s board policy governing inter-district transfers gave the district unfettered discretion to the superintendent to remove an out-of-district student like G.C. at any time. The 6th Circuit disagreed with this assessment. It drew a bright line between attendance and enrollment. The board policy (see 3rd paragraph above) applies only to enrollment. The court noted that Kentucky distinguishes enrollment from attendance. Enrollment, the court stated, occurs when the student registers at the beginning of the school year. Attendance, rather, is the on-going ability to attend the school once a student is enrolled. Thus, by revoking G.C.&#8217;s ability to attend Owensboro Public School, the district had <em>de facto</em> expelled G.C. from his high school and in violation of its own policy had done so without a hearing.</p>
<p>If you believe that your child&#8217;s transfer has been terminated unjustly, please contact <a href="http://www.ocspecialedattorney.com/">The Law Office of Gregory R. Branch</a> by emailing gregorybranch@edrightsadvocate.com or phoning the office at (714) 856-1166.</p>
<div class="twttr_button">
					<a href="http://twitter.com/share?url=http://www.ocspecialedattorney.com/due-process-required-to-revoke-inter-district-transfer/&text=Due process required to revoke inter-district transfer" target="_blank" title="Click here if you like this article.">
						<img src="http://www.ocspecialedattorney.com/wp-content/plugins/twitter-plugin/images/twitt.gif" alt="Twitt" />
					</a>
				</div>]]></content:encoded>
			<wfw:commentRss>http://www.ocspecialedattorney.com/due-process-required-to-revoke-inter-district-transfer/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Suspicion-less use of drug sniffing dogs in schools held okay by 8th Circuit</title>
		<link>http://www.ocspecialedattorney.com/suspicion-less-use-of-drug-sniffing-dogs-in-schools-held-okay-by-8th-circuit/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=suspicion-less-use-of-drug-sniffing-dogs-in-schools-held-okay-by-8th-circuit</link>
		<comments>http://www.ocspecialedattorney.com/suspicion-less-use-of-drug-sniffing-dogs-in-schools-held-okay-by-8th-circuit/#comments</comments>
		<pubDate>Sun, 10 Mar 2013 22:54:30 +0000</pubDate>
		<dc:creator>Gregory Branch</dc:creator>
				<category><![CDATA[School discipline]]></category>
		<category><![CDATA[drug sniffing dog]]></category>
		<category><![CDATA[Fourth Amendment]]></category>
		<category><![CDATA[Random drug search in school]]></category>

		<guid isPermaLink="false">http://www.ocspecialedattorney.com/?p=496</guid>
		<description><![CDATA[A Federal Court of Appeals has just upheld the use of drug sniffing dogs where a student claimed his constitutional rights were violated by his forced separation from his belongings in order that a dog drug sniff could take place. &#8230; <a href="http://www.ocspecialedattorney.com/suspicion-less-use-of-drug-sniffing-dogs-in-schools-held-okay-by-8th-circuit/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
				<content:encoded><![CDATA[<p>A Federal Court of Appeals has just upheld the use of drug sniffing dogs where a student claimed his constitutional rights were violated by his forced separation from his belongings in order that a dog drug sniff could take place.</p>
<p>The United States Court of Appeals for the Eighth Circuit ruled in favor of a Springfield, Missouri, school district and two of its administrators in a suit alleging that its policy of having students wait outside of a classroom while drug sniffing dogs swept the classroom for illegal narcotics represented an unconstitutional seizure of the student&#8217;s possessions.</p>
<p>The suit, <a href="http://www.ca8.uscourts.gov/opndir/13/03/121382P.pdf"><em>Burlinson v. Springfield Public Schools</em></a>,  was brought about when Springfield police arrived at Central High School during the 2010 school year. They were there to perform a random drug sweep in accordance with school police services&#8217;s standard operating procedure 3.4.1. Under that policy, certain randomly selected rooms are chosen to be sniffed by police dogs trained to identify belongings containing illegal drugs. Per the policy, a policeman entered the room of C.M., the child whose parents brought this suit, and informed the students that a random drug sweep was going to occur. The students were instructed to exit the room, leaving their personal belongings in place. C.M. left his backpack and books in the room as instructed and went into the hallway where he could no longer see his belongings.</p>
<p>After all students had exited., a deputy sheriff took the drug dog into C.M.&#8217;s classroom. The students were out of the room for approximately five minutes before they were allowed to return. The dog did not alert to any drugs during the search, and the students reentered the classroom. C.M. alleges that it felt as if his bag had been opened, but the zipper was still closed and he offered no proof of this assertion.</p>
<p>These searches took place at the request of <a href="www.springfieldpublicschoolsmo.org/">Springfield Public Schools</a> (SPS). In 2009,  SPS contacted the Greene County Sheriff&#8217;s Department to request random drug sweeps during the 2009-2010 school year. The policy under which this search occurred had been implemented to address a known drug problem.</p>
<p>The crux of the legal case was whether separating the student from his belongings constituted an unconstitutional seizure of his personal belongings. The <a href="http://www.law.cornell.edu/constitution/fourth_amendment">Fourth Amendmen</a>t protects the &#8220;right of the people to be secure in their personas, houses, papers, and effects, and against unreasonable searches and seizures.&#8221; Under the <a href="http://www.ocspecialedattorney.com/tag/fourth-amendment/" class="st_tag internal_tag" rel="tag" title="Posts tagged with Fourth Amendment">Fourth Amendment</a>, a seizure of property must be reasonable, with reasonableness tested based on the context under which it occurred.</p>
<p>In order to determine whether SPS violated C.M.&#8217;s Fourth Amendment rights, the court &#8220;conducted a fact-specific balancing of the intrusion on the child&#8217;s Fourth Amendment rights against the promotion of legitimate government interests.&#8221; In ruling on this matter, the court appeared to leave unanswered whether separation from his belongings even constituted a seizure. In reaching its conclusion, the court stated,</p>
<blockquote><p>Assuming that C.M.&#8217;s belongings were seized in this case when the school police officer directed that they be left in the classroom for approximately five minutes while the drug dog survey occurred, we conclude that the seizure was part of a reasonable procedure to maintain the safety and security of students at the school.</p></blockquote>
<p>In a concurring opinion, one justice argued that this separation does not even rise to the level of a seizure. Stating that a seizure occurs when there is &#8220;some meaningful interference with an individual&#8217;s possessory interests in that property,&#8221; there must be some circumstances under which the interference is merely inconsequential. Given this interpretation, Judge Loken argued that no government seizure took place at all.</p>
<p>Regardless though, under the assumption that a seizure did in fact take place, the seizure here was not unreasonable. The court noted that k-12 public school students do not possess the same expectation of privacy as does the general public. Here, this brief separation from C.M.&#8217;s property was for the purpose of avoiding potential embarrassment to students, ensuring that students are not targeted by dogs, and decreasing the potential for potentially hazardous interaction between the police dogs and children.</p>
<p>The court also noted that C.M. freedoms were not &#8220;unreasonably curtailed&#8221; in that he did not possess full freedom of possession with his property even before the search. Students can be required to not touch their possessions, be required to leave them outside the room, or to leave it in a secured area for school activities.</p>
<p>The court also noted that the government possessed a legitimate interest in keeping drugs out of schools. SPS provided &#8220;substantial evidence&#8221; to show that there was an illegal drug issue within the district. SPS provided evidence to the court regarding the number of drug related incidents over the last 11 years. C.M. himself testified that he believed that there was and is a drug problem at his school.</p>
<p>The court also quickly dispensed with the parents&#8217; argument that the search was unconstitutional because the seizure was not supported by individualized suspicion, noting that the Supreme Court has rejected the ideas &#8220;that all searches or seizures in a school must be supported by individualized suspicion.&#8221;</p>
<p>&nbsp;</p>
<div class="twttr_button">
					<a href="http://twitter.com/share?url=http://www.ocspecialedattorney.com/suspicion-less-use-of-drug-sniffing-dogs-in-schools-held-okay-by-8th-circuit/&text=Suspicion-less use of drug sniffing dogs in schools held okay by 8th Circuit" target="_blank" title="Click here if you like this article.">
						<img src="http://www.ocspecialedattorney.com/wp-content/plugins/twitter-plugin/images/twitt.gif" alt="Twitt" />
					</a>
				</div>]]></content:encoded>
			<wfw:commentRss>http://www.ocspecialedattorney.com/suspicion-less-use-of-drug-sniffing-dogs-in-schools-held-okay-by-8th-circuit/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Calif. special education teachers sue their school district over workload</title>
		<link>http://www.ocspecialedattorney.com/calif-special-education-teachers-sue-their-school-district-over-workload/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=calif-special-education-teachers-sue-their-school-district-over-workload</link>
		<comments>http://www.ocspecialedattorney.com/calif-special-education-teachers-sue-their-school-district-over-workload/#comments</comments>
		<pubDate>Sun, 03 Mar 2013 01:31:28 +0000</pubDate>
		<dc:creator>Gregory Branch</dc:creator>
				<category><![CDATA[Special Education]]></category>
		<category><![CDATA[caseloads]]></category>
		<category><![CDATA[education employment law]]></category>
		<category><![CDATA[special education law]]></category>
		<category><![CDATA[Teachers sue school district]]></category>

		<guid isPermaLink="false">http://www.ocspecialedattorney.com/?p=492</guid>
		<description><![CDATA[As reported at appealdemorcrat.com, a group of four California teachers have sued the Yuba City Unified School District (YCUSD) over their high caseloads of special education students. The teachers allege that their current assignments violate state law with regard to &#8230; <a href="http://www.ocspecialedattorney.com/calif-special-education-teachers-sue-their-school-district-over-workload/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
				<content:encoded><![CDATA[<p>As reported at <a href="http://www.appeal-democrat.com/news/teachers-123544-school-yuba.html">appealdemorcrat.com</a>, a group of four California teachers have sued the <a href="www.ycusd.k12.ca.us/">Yuba City Unified School District</a> (YCUSD) over their high <a href="http://www.ocspecialedattorney.com/tag/caseloads/" class="st_tag internal_tag" rel="tag" title="Posts tagged with caseloads">caseloads</a> of <a href="http://www.ocspecialedattorney.com/tag/special-education-2/" class="st_tag internal_tag" rel="tag" title="Posts tagged with special education">special education</a> students.</p>
<p>The teachers allege that their current assignments violate state law with regard to maximum caseloads for California&#8217;s<a href="http://www.ocspecialedattorney.com/special-education-terms/"> Resource Specialist Program</a> (RSP) teachers. At the heart of the issue is whether other at-risk students who are not in special education count in the teachers&#8217; case loads. Yuba City is using a <a href="http://www.dkfoundation.org/sites/default/files/files/BlendedLearning-BestOfBothWorlds-Feb2011.pdf">blended services model</a>, and the outcome of this case could have impacts around the state.</p>
<p>According to the suit, YCUSD assigned the teachers to teach classes to groups of students containing both regular and special education children. In counting the teachers caseloads, which by law cannot exceed 28 students, the district decided that the non-special education children taught by these RSP teachers do not count as part of their case load. The four teachers also contend that assigning their services to both regular and special education students simultaneously is also a violation of state law.</p>
<p>According to the associatedemocrat article, the Superintendent, <a href="http://www.ycusd.k12.ca.us/domain/30">Nancy Aaberg</a>, stated that many districts around California are looking for the best way to provide services to students on IEPs. In the past, special education students often were sent to special education classrooms to receive specialized educational services. More recently, districts are experimenting with having RSP enter classrooms in which RSP students sit side-by-side their typical peers and receive assistance within a regular education class.</p>
<p>In the legal filing, the teachers&#8217; attorney states that she sent two letter to YCUSD and met with school officials to resolve the matter prior to filing the lawsuit.</p>
<p>&nbsp;</p>
<div class="twttr_button">
					<a href="http://twitter.com/share?url=http://www.ocspecialedattorney.com/calif-special-education-teachers-sue-their-school-district-over-workload/&text=Calif. special education teachers sue their school district over workload" target="_blank" title="Click here if you like this article.">
						<img src="http://www.ocspecialedattorney.com/wp-content/plugins/twitter-plugin/images/twitt.gif" alt="Twitt" />
					</a>
				</div>]]></content:encoded>
			<wfw:commentRss>http://www.ocspecialedattorney.com/calif-special-education-teachers-sue-their-school-district-over-workload/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>The effects of bullying last into adulthood</title>
		<link>http://www.ocspecialedattorney.com/the-effects-of-bullying-last-into-adulthood/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=the-effects-of-bullying-last-into-adulthood</link>
		<comments>http://www.ocspecialedattorney.com/the-effects-of-bullying-last-into-adulthood/#comments</comments>
		<pubDate>Thu, 21 Feb 2013 21:38:14 +0000</pubDate>
		<dc:creator>Gregory Branch</dc:creator>
				<category><![CDATA[Bullying]]></category>
		<category><![CDATA[School bullying research]]></category>

		<guid isPermaLink="false">http://www.ocspecialedattorney.com/?p=486</guid>
		<description><![CDATA[(February 21, 2013) A long-term study released Wednesday by Duke University supports earlier research that the effects of bullying last into adulthood. Significantly, the new study represents 20 years worth of work on the part of the researchers. In the study, 1,400 children ages &#8230; <a href="http://www.ocspecialedattorney.com/the-effects-of-bullying-last-into-adulthood/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
				<content:encoded><![CDATA[<p>(February 21, 2013) A <a href="http://archpsyc.jamanetwork.com/article.aspx?articleid=1654916" rel="nofollow">long-term study released Wednesday by Duke University</a> supports <a href="http://www.ukessays.com/essays/psychology/the-psychological-effects-of-bullying-in-adolescence-psychology-essay.php" rel="nofollow">earlier research</a> that the effects of bullying last into adulthood. Significantly, the new study represents 20 years worth of work on the part of the researchers.</p>
<p>In the study, 1,400 children ages 9, 11, and 13 were interviewed. During these interviews, the children were asked about their experiences bullying or being bullied. After sorting their responses, it was determined that 5% were children who solely bullied others and were not bullied themselves, 21% were exclusively victims of bullying, and 4.5% were both bullies and bullied at various times.</p>
<p>Read the rest of my article at <a href="http://www.examiner.com/article/study-supports-effects-of-bullying-last-into-adulthood">Examiner.com</a>.</p>
<div class="twttr_button">
					<a href="http://twitter.com/share?url=http://www.ocspecialedattorney.com/the-effects-of-bullying-last-into-adulthood/&text=The effects of bullying last into adulthood" target="_blank" title="Click here if you like this article.">
						<img src="http://www.ocspecialedattorney.com/wp-content/plugins/twitter-plugin/images/twitt.gif" alt="Twitt" />
					</a>
				</div>]]></content:encoded>
			<wfw:commentRss>http://www.ocspecialedattorney.com/the-effects-of-bullying-last-into-adulthood/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>OCR offers districts guidelines on inclusion for disabled students</title>
		<link>http://www.ocspecialedattorney.com/ocr-offers-districts-guidelines-on-inclusion-for-disabled-students/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=ocr-offers-districts-guidelines-on-inclusion-for-disabled-students</link>
		<comments>http://www.ocspecialedattorney.com/ocr-offers-districts-guidelines-on-inclusion-for-disabled-students/#comments</comments>
		<pubDate>Wed, 06 Feb 2013 05:32:05 +0000</pubDate>
		<dc:creator>Gregory Branch</dc:creator>
				<category><![CDATA[504]]></category>
		<category><![CDATA[Special Education]]></category>
		<category><![CDATA[disability discrimination]]></category>
		<category><![CDATA[extracurricular activities for disabled students]]></category>
		<category><![CDATA[Section 504]]></category>

		<guid isPermaLink="false">http://www.ocspecialedattorney.com/?p=479</guid>
		<description><![CDATA[Athletics are an important of an overall educational program. School athletic programs, both inter-mural and intramural offer students health and social benefits of great value. These benefits include socialization, improved teamwork and leadership skills. These benefits apply just as much to disabled student as &#8230; <a href="http://www.ocspecialedattorney.com/ocr-offers-districts-guidelines-on-inclusion-for-disabled-students/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
				<content:encoded><![CDATA[<p>Athletics are an important of an overall educational program. School athletic programs, both inter-mural and intramural offer students health and social benefits of great value. These benefits include socialization, improved teamwork and leadership skills. These benefits apply just as much to disabled student as typical students, if not more so. Unfortunately though, the <a href="http://www.gao.gov/assets/310/305770.pdf">United States Government Accountability Office found</a> that students with disabilities are not being afforded an equal opportunity to participate in extracurricular athletics in public elementary and secondary schools.</p>
<p>Based on these findings, the GAO recommended that the Office of Civil Rights clarify and communicate school district responsibilities under <a href="http://www.ocspecialedattorney.com/special-education-terms/">Section 504</a> regarding the provision of extracurricular activities. In it <a href="http://http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201301-504.pdf">January 25, 2013, report</a>, OCR undertook to do exactly that.</p>
<p>In what&#8217;s known as a <a href="http://en.wikipedia.org/wiki/Dear_colleague_letter">Dear Colleague Letter</a>, OCR laid out districts basic responsibilities under <a href="http://www.ocspecialedattorney.com/tag/section-504/" class="st_tag internal_tag" rel="tag" title="Posts tagged with Section 504">Section 504</a> and then applied those rights to the area of extracurricular activities.</p>
<p>Under this law, districts may not discriminate against individuals attempting to engage in extracurricular activities so long as they are &#8220;otherwise qualified.&#8221; Essentially, this means that a district must make reasonable accommodations to allow a disabled student to participate, but they need not alter the game or the skill requirements expected. For example, modifications that would give a disabled student a fundamental advantage are not required, but modifications to allow a student to participate are.</p>
<p>The letter lays out several scenarios and then analyzes whether the district response in the hypothetical scenario was appropriate. In the most informative example, a high school competitive swimmer was born with only one hand. Her times are competitive but she cannot meet the requirement of performing a two-hand wall touch. She petitions the league to allow her to use a one-hand touch during interscholastic meets. Under the OCR&#8217;s analysis, the district would be required to perform an individualized analysis to determine whether the requested modification was necessary for the student&#8217;s participation, and determine whether permitting it would fundamentally alter the nature of the activity. Her, modification is necessary for the student to participate.</p>
<p>An appropriate analysis would determine whether the requested modification alters an essential aspect of the sport or would give the student an unfair advantage over other swimmers. The analysis does not end there though. If the district determined the modification failed either prong, it would need to assess if other modifications existed that would allow the student to participate.</p>
<p>The report concludes that while districts cannot offer separate services that are <em>unnecessarily</em> separate, districts are encouraged to work with their community and athletic associations to develop broad opportunities to include students with disabilities in all extracurricular athletic activities. When the interests and abilities of some students with disabilities cannot be as fully and effectively met by the school district’s existing extracurricular athletic program, the school district should create additional opportunities for those students with disabilities. The letter goes on to mention the creation of disability-specific team sports such as wheelchair basketball or wheelchair tennis.</p>
<p>If you feel that your child has been unfairly discriminated against in attempting to participate in extracurricular activities, please contact The Law Office of Gregory R. Branch for a consultation.</p>
<div class="twttr_button">
					<a href="http://twitter.com/share?url=http://www.ocspecialedattorney.com/ocr-offers-districts-guidelines-on-inclusion-for-disabled-students/&text=OCR offers districts guidelines on inclusion for disabled students" target="_blank" title="Click here if you like this article.">
						<img src="http://www.ocspecialedattorney.com/wp-content/plugins/twitter-plugin/images/twitt.gif" alt="Twitt" />
					</a>
				</div>]]></content:encoded>
			<wfw:commentRss>http://www.ocspecialedattorney.com/ocr-offers-districts-guidelines-on-inclusion-for-disabled-students/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Portland schools accused of only helping students whose &#8220;parents are litigious&#8221;</title>
		<link>http://www.ocspecialedattorney.com/portland-schools-accused-of-only-helping-students-whose-parents-are-litigious/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=portland-schools-accused-of-only-helping-students-whose-parents-are-litigious</link>
		<comments>http://www.ocspecialedattorney.com/portland-schools-accused-of-only-helping-students-whose-parents-are-litigious/#comments</comments>
		<pubDate>Sun, 03 Feb 2013 18:13:33 +0000</pubDate>
		<dc:creator>Gregory Branch</dc:creator>
				<category><![CDATA[Special Education]]></category>
		<category><![CDATA[litigious parents]]></category>
		<category><![CDATA[Portland Public Schools]]></category>
		<category><![CDATA[special education]]></category>
		<category><![CDATA[whistle-blower suit]]></category>

		<guid isPermaLink="false">http://www.ocspecialedattorney.com/?p=475</guid>
		<description><![CDATA[A former occupational therapist for the Portland Public School system filed a whistle-blower suit which alleges that school district officials forced her to resign as retaliation for bringing to light negative practices of the school district in their handling of special education &#8230; <a href="http://www.ocspecialedattorney.com/portland-schools-accused-of-only-helping-students-whose-parents-are-litigious/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
				<content:encoded><![CDATA[<p>A former occupational therapist for the <a href="http://www.pps.k12.or.us/">Portland Public School </a>system filed a whistle-blower suit which alleges that school district officials forced her to resign as retaliation for bringing to light negative practices of the school district in their handling of <a href="http://www.ocspecialedattorney.com/tag/special-education-2/" class="st_tag internal_tag" rel="tag" title="Posts tagged with special education">special education</a> students.</p>
<p>Specifically, Christine Van Osdol alleges that the district retaliation was due to her complaining to the district officials that she and her coworkers were overworked and lacked the time and resources to provide the attention required by <a href="http://www.ocspecialedattorney.com/tag/special-education-law/" class="st_tag internal_tag" rel="tag" title="Posts tagged with special education law">special education law</a> to their students. For her complaints, Van Osdol alleges that district officials forced her to resign.</p>
<p>Her suit names the district and special education administrator Linda Moon as defendants. She is seeking $900,000 in damages from each defendant. While the district acknowledges the lawsuit, it refuses to comment further.</p>
<p>The suit additionally alleges that when Van Osdol filed a union grievance concerning working conditions that district officials told her to limit her work to those students whose “parents are litigious.” The also claims that <a href="http://www.ocspecialedattorney.com/tag/portland-public-schools/" class="st_tag internal_tag" rel="tag" title="Posts tagged with Portland Public Schools">Portland Public Schools</a> are not meeting legal special education requirements for nearly half of their special needs children.</p>
<p>Such lawsuits are becoming the norm in this Pacific Northwest town. Last year, an arbitrator agreed with the teachers’ union in a suit wherein the teachers complained that <a href="http://www.oregonlive.com/portland/index.ssf/2011/12/jury_clears_portland_public_sc.html">the district had unfairly increased their workload</a> due to a newly implemented schedule. The district was ordered to pay 1.4 million out to affected workers.</p>
<p>The year before that, a <a href="http://www.oregonlive.com/portland/index.ssf/2011/12/jury_clears_portland_public_sc.html">special education principal also filed a whistle-blower suit</a>. She claimed she was demoted in retaliation for standing up to officials about staff and child safety issues that existed. After a lengthy trial, the jury ruled in favor the school district.</p>
<p>If you feel that your child is not getting the services they deserve because you have not stood up to your district, please call <a href="www.ocspecialedattorney.com" target="_blank">The Law Office of Gregory R. Branch</a> at 714-856-1166.</p>
<div class="twttr_button">
					<a href="http://twitter.com/share?url=http://www.ocspecialedattorney.com/portland-schools-accused-of-only-helping-students-whose-parents-are-litigious/&text=Portland schools accused of only helping students whose "parents are litigious"" target="_blank" title="Click here if you like this article.">
						<img src="http://www.ocspecialedattorney.com/wp-content/plugins/twitter-plugin/images/twitt.gif" alt="Twitt" />
					</a>
				</div>]]></content:encoded>
			<wfw:commentRss>http://www.ocspecialedattorney.com/portland-schools-accused-of-only-helping-students-whose-parents-are-litigious/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Bourbon Street to host 4th annual &#8220;Mardi Gras for Autism&#8221; event</title>
		<link>http://www.ocspecialedattorney.com/bourbon-street-to-host-4th-annual-mardi-gras-for-autism-event/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=bourbon-street-to-host-4th-annual-mardi-gras-for-autism-event</link>
		<comments>http://www.ocspecialedattorney.com/bourbon-street-to-host-4th-annual-mardi-gras-for-autism-event/#comments</comments>
		<pubDate>Mon, 21 Jan 2013 22:10:34 +0000</pubDate>
		<dc:creator>Gregory Branch</dc:creator>
				<category><![CDATA[Autism]]></category>
		<category><![CDATA[Special Education]]></category>
		<category><![CDATA[charity event for autism]]></category>
		<category><![CDATA[Fullerton Cares]]></category>
		<category><![CDATA[Mardi Gras for Autism]]></category>

		<guid isPermaLink="false">http://www.ocspecialedattorney.com/?p=470</guid>
		<description><![CDATA[A crowd of more than 2,000 people is expected to attend  the 4th annual &#8220;Mardi Gras for Autism&#8221; event on Saturday, February 9, 2013, for 10 A.M. to 4:30 P.M. The free, family-fun event is scheduled to occur at Bourbon Street &#8230; <a href="http://www.ocspecialedattorney.com/bourbon-street-to-host-4th-annual-mardi-gras-for-autism-event/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
				<content:encoded><![CDATA[<p><img alt="" src="https://sphotos-a.xx.fbcdn.net/hphotos-ash4/427705_131574357007153_2057401699_n.jpg" /></p>
<p>A crowd of more than 2,000 people is expected to attend  the 4th annual &#8220;<a href="http://www.ocspecialedattorney.com/tag/mardi-gras-for-autism/" class="st_tag internal_tag" rel="tag" title="Posts tagged with Mardi Gras for Autism">Mardi Gras for Autism</a>&#8221; event on Saturday, February 9, 2013, for 10 A.M. to 4:30 P.M. The free, family-fun event is scheduled to occur at <a href="http://bourbonstreetfullerton.com/" rel="nofollow">Bourbon Street Bar and Grill</a> and outside in the adjacent <a href="http://www.greatamericanstations.com/Stations/FUL/Station_view" rel="nofollow">Fullerton Train Depot</a> parking lot located at 110. E. Commonwealth Ave.</p>
<p>Larry Houser, the co-owner of Bourbon Street and the founder of <a href="http://www.ocspecialedattorney.com/tag/fullerton-cares/" class="st_tag internal_tag" rel="tag" title="Posts tagged with Fullerton Cares">Fullerton Cares</a>, an organization founded to raise money, awareness and acceptance for autism in the Fullerton community, is hosting and sponsoring the event. Speaking about the event, Mr. Houser says, “The way we’ve designed Mardi Gras for Autism, families can come out and enjoy a good time together, whether they have children on the spectrum or not.” Houser became involved with autism and <a href="http://www.ocspecialedattorney.com/tag/special-education-2/" class="st_tag internal_tag" rel="tag" title="Posts tagged with special education">special education</a> after his four year-old son Boyd was diagnosed with autism at age two.</p>
<p>The family-friendly free event is designed to encourage families to enjoy the fun of Mardi Gras while raising money for Fullerton special education programs and will feature many activities appropriate for children of all ages and abilities, including:</p>
<p><a href="http://www.aquariumofpacific.org/" rel="nofollow">Aquarium of the Pacific</a> &#8211; Joining Mardi Gras for Autism for the first time is the Aquarium of the Pacific and their “Aquarium on Wheels.” Some of the creatures that can be seen include sea stars, sea cucumbers, anemones, and sharks.</p>
<p><a href="http://www.medievaltimes.com/" rel="nofollow">Medieval Times</a> &#8211; Buena Park’s own Medieval Times Dinner and Tournament will join Mardi Gras for Autism for a second year to bring out some Knights and Kings, some freebies for the kids, and the Knights will be doing a mini-show.</p>
<p>MMA Demonstrations by <a href="http://www.bullyfight.com/" rel="nofollow">BullyFight.com </a>&#8211; a national fitness outreach program for kids, partnering with gyms across the country and supporting physical fitness, Bullyfight.com will offer MMA demonstrations for attendees.</p>
<p>Custom Hats by &#8220;<a href="http://www.samaritanmag.com/charity-song/1429/artists-against-bullying-true-colors-2012" rel="nofollow">Artists Against Bullying</a>&#8221; &#8212; The local tattoo community will volunteer time to create custom artwork on trucker-style hats donated by Liberty Board Shop. Participating tattoo shops will include Beyond Kreations, All Hallow&#8217;s Ink, Action Tattoo, Good Fellas Tattoo and Platinum Ink.</p>
<p>Face Painting by<a href="http://www.gymboree.com/" rel="nofollow"> Gymboree</a> &#8211; In addition to handing out Gymboree play items and blowing bubbles, Gymboree will provide two face painters who are volunteering their time for the cause.</p>
<p><a href="http://swipe4thekids.com/" rel="nofollow">Swipe4theKids</a> &#8211; Bourbon Street exclusively uses S4TK to process their credit cards, and the funds are given to Fullerton Cares in order to further autism programs throughout Fullerton.</p>
<p><a href="http://www.autismspeaksucsuf.com/" rel="nofollow">Autism Speaks U-CSUF</a> &#8211; The Cal State Fullerton chapter of Autism Speaks U is designed for college students to promote awareness and advocacy and raise funds for Autism Speaks.</p>
<p>Information Booth by <a href="http://www.tacanow.org/" rel="nofollow">Talk About Curing Autism</a> &#8211;TACA will be on hand at Mardi Gras for Autism to offer an information booth and answer questions that visitors may have about autism.</p>
<p><a href="http://askate.org/" rel="nofollow">A.Skate </a>&#8211; A.skate Foundation encourages the social interaction of children with autism through skateboarding. A.skate will be conducting skate demos throughout the Mardi Gras for Autism event.</p>
<p><a href="http://www.tcpackage.com/" rel="nofollow">The Complete Package</a> &#8211;The Complete Package is the official printing partner of Mardi Gras for Autism and was created to give the daughter of the owner, who has autism, an opportunity to work, be productive, and give her a sense of purpose.</p>
<p><a href="http://www.dixiedelics.com/" rel="nofollow">The Dixiedelics</a> &#8211; A fixture in the Downtown Fullerton music scene, the Dixiedelics are the featured musical guest of Mardi Gras for Autism.</p>
<p><a href="http://www.dmainsurance.net/" rel="nofollow">DMA Insurance</a> &#8211; The title sponsor for Fullerton Cares’ annual charity golf tournament, DMA Insurance Services, Inc. is a full service insurance agency with three branches located in Southern California.</p>
<p><a href="http://missfullerton.com/scholarships.htm" rel="nofollow">Miss Fullerton Scholarship Program</a> &#8211; A 100% volunteer, not-for-profit organization, the Miss Fullerton Scholarship Program prides itself on representing the Fullerton community with service, style, scholarship, and success.</p>
<p><a href="http://www.cfdance.net/" rel="nofollow">CF Dance Academy</a> &#8211; Returning for their fourth year with Mardi Gras for Autism, CF Dance Academy has been a fixture in Orange County for 28 years.</p>
<p>Fullerton Union High School Circus Club &#8212; Joining Mardi Gras for Autism for the fourth consecutive year, the FUHS Circus Club provides the perfect entertainment for the evening.</p>
<p><a href="http://www.onehopewine.com/about-us" rel="nofollow">ONEHOPE Winery</a> &#8211; ONEHOPE Wine donates half of its profits donated to benefit a variety of causes, and is pleased to support the fight against autism.</p>
<p>Bourbon Street &#8212; Pleased to be the presenting sponsor of the fourth annual Mardi Gras for Autism, Bourbon Street has a close tie with not only the City of Fullerton, but also those directly affected by autism.</p>
<p><a href="http://chefcodystorts.com/" rel="nofollow">Chef Cody Storts</a> &#8211; Chef Cody Storts is returning for his second year with Mardi Gras for Autism. With past endeavors including many creations with The Lime Truck and Bourbon Streets California Cajun cuisine, Storts will be serving up Pulled Pork Sandwiches, Cajun Dogs, Chicken Gumbo, and Biegnets on behalf of Bourbon Street.</p>
<p><a href="http://www.heroesrestaurant.com/" rel="nofollow">Heroes Bar &amp; Grill</a> &#8211; A proud supporter of Mardi Gras for Autism, Heroes will be serving hot dogs and chips for the kids.</p>
<p><a href="http://the%20olde%20ship%20british%20pub%20%26%20restaurant%20www.theoldeship.com/" rel="nofollow">The Olde Ship British Pub</a> &#8211; Serving up British pancakes as part of the traditional way to honor the British holiday of “Shrove” or “Pancake Tuesday,” as the day before lent is known in the United Kingdom.</p>
<p>Fullerton Cares &#8212; Founded in order to raise money, awareness, and acceptance of students with Autism within the Fullerton community, Fullerton Cares works tirelessly to promote and fund programs for students with autism within the Fullerton School District.</p>
<p>Please come out and join the festivities. You will be sure to have fun and also help support special education students in Fullerton.</p>
<p>&nbsp;</p>
<div class="twttr_button">
					<a href="http://twitter.com/share?url=http://www.ocspecialedattorney.com/bourbon-street-to-host-4th-annual-mardi-gras-for-autism-event/&text=Bourbon Street to host 4th annual "Mardi Gras for Autism" event" target="_blank" title="Click here if you like this article.">
						<img src="http://www.ocspecialedattorney.com/wp-content/plugins/twitter-plugin/images/twitt.gif" alt="Twitt" />
					</a>
				</div>]]></content:encoded>
			<wfw:commentRss>http://www.ocspecialedattorney.com/bourbon-street-to-host-4th-annual-mardi-gras-for-autism-event/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
	</channel>
</rss>
