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Private University Professor Was Properly Fired For Exhibiting Frightening Behavior

The University of San Francisco terminated a tenured professor after the employee exhibited angry and frightening behavior with other employees over a substantial period of time. In Kao v. University of San Francisco (August...more

11/6/2014 - Hiring & Firing Termination Universities

Student Can Be Eligible For Special Education With Both A Specific Learning Disability And Other Health Impairment At The Same...

In E. M. v. Pajaro Valley Unified School District (July 15, 2014) No. 12-15743, the Ninth Circuit recently held that a student with an auditory processing disorder could be eligible for special education and related services...more

8/13/2014 - Disability Public Schools Special Education Students

Are Teacher Tenure and Seniority Really Unconstitutional?

If upheld on appeal, the trial court decision in Vergara v. State of California will make it easier for California school districts to keep new teachers in "at will" probationary status longer, to fire tenured teachers, and...more

6/13/2014 - Equal Protection Popular Public Schools School Districts Seniority Teachers Tenure Vergara v State of California

Education Code Section 56041 Requires the District of the Parents' Residence to Provide Special Education Services to Eligible...

Pursuant to a request for a state law decision from the Ninth Circuit Court of Appeals, the California Supreme Court has interpreted Education Code section 56041 to say that the district of the parents' residence is...more

12/19/2013 - Inmates Minors Public Schools School Districts Special Education

Professor’s Public Criticism of University Department “Direction and Focus” Was a Protected Matter of Public Concern

A university professor’s “broad proposals to change the direction and focus” of the university’s School of Communications were matters of public concern protected by the First Amendment. Despite the professor’s public...more

9/19/2013 - Damages First Amendment Free Speech Professors Qualified Immunity Universities

Internet Threats of Violence Are Grounds for Student Discipline – Even if Off Campus

A Nevada high school student sent “instant messages” to his friends from his home computer that threatened mass shootings at his school. School officials suspended the student based on the threat to school safety and the...more

9/19/2013 - Bullying Cyberbullying First Amendment Public Schools Students

Why does teacher evaluation based on student performance continue to be a hot topic?

U.S. Secretary of Education Arne Duncan recently granted seven California school districts waivers of some requirements of the No Child Left Behind Act (NCLB) in exchange for, among other things, a promise to include student...more

8/15/2013 - Arne Duncan Department of Education No Child Left Behind Performance Reviews Students

California Supreme Court Holds That County Board Revocation Procedures Provided Charter School With Constitutionally Adequate “Due...

On July 11, 2013, the California Supreme Court upheld the decision of the Court of Appeal that a charter school was afforded constitutionally adequate due process during revocation proceedings before the Los Angeles County...more

7/17/2013 - Charter Schools Disciplinary Proceedings Due Process Expulsion Students

Court Rules Student Dismissed From Charter School Was Not “Expelled,” Thus Not Entitled To Evidentiary Hearing

A student was dismissed from a charter high school for brandishing a knife in class. The student sued to challenge his removal from the school, asserting that his weapon was not a knife under the Education Code definition and...more

7/15/2013 - Charter Schools Discipline Dismissals Due Process Evidentiary Hearings Expulsion Students

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