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Name Category Published
Smith v. Novato Unified School District
High school student’s inflammatory, insensitive editorial article about illegal immigration is protected speech under Education Code and ‘heckler’s veto’ rule. 		Education May 22, 2007
Parent V.S. v. Los Gatos-Saratoga Joint Union High School District
Disabled student deprived of free and appropriate public education is prevailing party entitled to attorney fees. 		Education May 11, 2007
Hood v. Encinitas Union School District
District court did not commit clear error in finding student was not legally entitled to receive publicly-funded special education services. 		Education May 11, 2007
Zuni Public School District No. 89 v. Dept. of Education
In determining whether state 'equalizes expenditures,' Secretary of Education may consider both number of district's pupils and size of district's expenditures per-pupil. 		Education Apr. 19, 2007
Mendoza v. State of California
Romero Act is unconstitutional because it undermines voters' right to elect Board of Education and transfers authority over schools to outside entities. 		Education Apr. 16, 2007
Van Duyn v. Baker School District 5J
Only material failures to implement child's individualized education program will violate Individuals with Disabilities Education Act. 		Education Apr. 13, 2007
Hood v. Encinitas Union School District
District court did not commit clear error in finding student was not legally entitled to receive publicly-funded special education services. 		Education Apr. 13, 2007
California School Employees Association v. Livingston Union School District
School policy waiving employee's right to hearing violates due process where mailed suspension notice does not provide realistic opportunity to respond. 		Education Apr. 13, 2007
Austin B. v. Escondido Union School District
To constitute battery, physical contact between special education teacher and severely autistic pupil must be both unreasonable and intended to inflict harm. 		Education Apr. 13, 2007
California School Employees Association v. Livingston Union School District
School policy waiving employee's right to hearing violates due process where mailed suspension notice does not provide realistic opportunity to respond. 		Education Apr. 5, 2007
Hoschler v. Sacramento City Unified School District
Notice of probationary release sent to teacher by certified mail is untimely where it was received after March 15. 		Education Apr. 3, 2007
California Teachers Association v. Vallejo City Unified School District
Teachers serving under provisional permits are 'probationary' employees entitled to statutory layoff rights afforded to fully credentialed teachers when terminated for economic reasons. 		Education Mar. 30, 2007
Diablo Valley College Faculty Senate v. Contra Costa Community College District
Community college district did not have to engage in collegial consultation with college's academic senate before effecting administrative reorganization. 		Education Mar. 22, 2007
Levi v. O'Connell
California Dept. of Education is not required to pay for college education of highly gifted 13-year-old student. 		Education Mar. 21, 2007
California School Employees Association, Tustin Chapter No. 450 v. Tustin Unified School District
School district may not use existing employee as substitute for temporarily absent employee, and deduct that employee's pay from absent employee's salary. 		Education Mar. 13, 2007
Atwater Elementary School District v. Dept. of General Services (Truitt)
Local disciplinary proceeding against teacher cannot include evidence of misconduct that occurred more than four years earlier. 		Education Mar. 8, 2007
California Association of Private Special Education Schools v. California Dept. of Education
Education Code provisions and regulations governing procedures of adverse administrative actions against nonpublic, nonsectarian schools are constitutional on their face. 		Education Jan. 9, 2007
Bakersfield Elementary Teachers Association v. Bakersfield City School District
School district's policy of classifying teachers and counselors as temporary employees based only on certification is invalid. 		Education Dec. 20, 2006
Doe v. Kamehameha Schools
Private Hawaiian school that receives no federal funds does not violate 42 U.S.C. Section 1981 by preferring Native Hawaiians in its admission policy. 		Education Dec. 7, 2006
Arizona State Board for Charter Schools v. U.S. Dept. of Education
Charter schools receiving federal funding must be nonprofit entities in order to qualify to receive federal funding under IDEA and ESEA. 		Education Dec. 5, 2006
Park v. Anaheim Union High School District
Although plaintiffs did not prevail on all IDEA claims, they are still 'prevailing party' for purposes of awarding attorney fees. 		Education Dec. 5, 2006
Wells v. One2One Learning Foundation (State)
Students may pursue False Claims Act cause of action against charter schools. 		Education Nov. 16, 2006
Wells v. One2One Learning Foundation (State of California)
Where students and parents sued charter schools, public school districts are not deemed 'persons' subject to suit under California False Claims Act. 		Education Nov. 8, 2006
Ford v. Long Beach Unified School District
Attorney-parents are not entitled to attorney fees for representing their children in IDEA proceedings. 		Education Nov. 7, 2006
Aguirre v. Los Angeles Unified School District
'Degree of success' standard announced in 'Hensley v. Eckerhart' applies to attorney fees awards under IDEA. 		Education Nov. 7, 2006
Wells v. One2One Learning Foundation (State of California)
Where students and parents sued charter schools, public school districts are not deemed 'persons' subject to suit under California False Claims Act. 		Education Nov. 6, 2006
Opinion of Lockyer
On-line charter school cannot obtain state funding where pupils do not live in or adjacent to county where school is chartered. 		Education Nov. 1, 2006
O'Connell v. Superior Court (Valenzuela)
Trial court exceeded its authority in restraining superintendent from denying diplomas to students who had not passed state high school exit exam. 		Education Oct. 18, 2006
Park v. Anaheim Union High School District
District court did not abuse its discretion in declining to award attorney fees to parents of child with disability. 		Education Oct. 16, 2006
Opinion of Lockyer
College district governing board may renegotiate health benefits under collective bargaining agreement if board member is not part of decision-making process. 		Education Oct. 5, 2006
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