Uncategorized | Leigh Law Group

Reminder: Screening for Risk of Reading Difficulties

Wed, 26 Feb 2025 20:31:30 GMT

Starting from the 2025–2026 school year, Education Code Section 53008 mandates that all local educational agencies (LEAs) must evaluate students in kindergarten through second grade for potential reading challenges using approved screeners.

These screeners aim to support students facing reading difficulties and do not substitute the requirements of federal or state laws for timely child find assessments to determine eligibility for special education under state or federal regulations.

Students with existing eligibility under section 504 or an Individualized Education Program (IEP) have the choice to opt out of the screening assessments. Parents can also opt out if their child is undergoing evaluation for special education or a 504 plan.

Our team has worked hard to advocate for families who need reading interventions and have been denied access to support and services.

For more details, refer to the complete statute here: EDC 53008

#Education #ReadingDifficulties #StudentAssessment

Is Your Charter School Or School District Responsible For A Denial Of FAPE?

Mon, 24 Feb 2025 15:56:55 GMT

Is your charter school or is the school district responsible for a denial of FAPE? The answer it depends on the MOU contract and also whether the charter is a school considered part of the school district or its own designated LEA. Why does this matter- don't be the family who went to due process and lost when they failed to name the correct agency!

From the case:

Students with disabilities and their families retain all rights under the IDEA when a student is attending a charter school, just as they would when attending traditional public schools. (34 C.F.R. § 300.209(a).) This also applies to online and virtual charter schools. (See Dear Colleague Letter, 68 IDELR 108 (OSERS/OSEP 2016.) Charter schools may not deny any student admission based upon a student's disability. (34 C.F.R. § 104.4(b)(1)(i); Ed. Code, § 47605.)

All California charter schools are public schools; however, some are also designated local educational agencies, referred to as LEAs. (34 C.F.R § 300.7; 71 Fed. Reg. 46,548 (2006); Ed. Code, § 47641.) An LEA means a school district, a county office of education, a nonprofit charter school participating as a member of a special education local plan area, referred to as a SELPA, or a SELPA. (Ed. Code, § 56026.3.)

Not all charter schools are LEAs. (Ed. Code, § 47641.) Rather, the law allows charter schools and their chartering agency to choose between two options: (1) the charter school may be a school within the chartering LEA for the purpose of special education; or (2) the charter school may become its own LEA and join a SELPA, receive special education funds, and take responsibility for providing students special education and related services. (Id.; Ed. Code, § 47641.) This is a critical distinction in disputes under the IDEA, as LEAs bear the responsibility for providing students a FAPE and the consequent liability for any failure to provide a FAPE in a due process hearing.

When a charter school is designated a school of the LEA, the LEA is responsible for ensuring that attending students with disabilities receive a FAPE as required by the IDEA and California law. (Ed. Code, § 47641, subd. (a).) However, LEAs and charter schools are not precluded from entering into Memorandums of Understanding, referred to as MOUs, that grant charter schools more autonomy, responsibility, and funding to provide special education and related services. (“Enrollment of Students with Disabilities in Charter Schools,” California Department of Education Official Letter, December 27, 2017.)

Understanding IEP Transportation for Eligible Students 🚍

Mon, 23 Dec 2024 19:32:10 GMT

A significant change regarding the eligibility criteria for students classified under the category of disability known as "emotional disturbance" is set to take place at the start of 2025.

Currently, an Individualized Education Program (IEP) team evaluates eligibility based on thirteen classification categories, including Autism, Deafness, Learning disability, and Emotional disturbance, among others. The term "emotional disturbance" has faced criticism over the years for potentially stigmatizing children.

In an effort to address this concern, Assembly Bill 2173 aimed to lessen the stigma associated with the label. However, despite this legislative action, the definition for determining eligibility remains unchanged. This adjustment is scheduled to come into effect at the beginning of the current year.

As per the federal Individuals with Disabilities Education Act (IDEA) and relevant state laws such as the California Education Code and California Code of Regulations, the term "emotional disturbance" may also be referred to as "emotional disability" within the context of providing special education services.

The change in terminology from "emotional disturbance" to "emotional disability" is intended to offer a more inclusive and less stigmatizing approach while maintaining the core eligibility criteria outlined in the regulations.

This adjustment underscores the ongoing efforts to ensure that the language and terminology used in the special education sector evolve to reflect a more sensitive and inclusive understanding of students' diverse needs and challenges.

#iep #specialeducation #californiaeducation #specialeducation

From An IEP to Section 504 Plan When, Why and What To Do When Your Child Is No Longer IEP Eligible But Still Requires A 504 Plan.

Tue, 04 Apr 2023 14:10:04 GMT

Your Team Says an IEP is No Longer Needed

The IEP process is designed to ensure that your child receives a FAPE through the offer of appropriate placement, goals, services, and modifications/accommodations. However, there are occasions when the IEP team determines that your child no longer requires the IEP goals and the related services that are tethered to those IEP goals because they have demonstrated the ability to access their education without the need for related services and specialized academic instruction.

What To Be On the Lookout For Before You Agree

Before any change is agreed to make sure you consider some of the following questions:

Has your Child consistently met IEP goals based on data driven progress reports?
Is the IEP team basing the removal of the IEP and change to a 504 plan solely on a single test or assessment? If so, make sure you have collected work samples and day to day data demonstrating your child is accessing their education without the need for specialized academic instruction. If you dispute the assessment, you have the right to request an independent educational assessment (but note, the District has the right to defends its assessment and may file a due process complaint against you).
Don’t forget that behavior, social and emotional skills as well as executive functioning, organization and attentional deficits affect your child in school and therefore may still be entitled to keep that IEP if those areas of need are affecting your child’s ability to be successful in school.
Has your child demonstrated a history of success without the need for in school special education such as multi sensory based instruction, mental heath instruction, instruction in language or an ability to succeed without that extra push in or pull out support?

What Happens When the IEP is Removed But Your Child/Student Still Needs Access

Often, the IEP team will follow up with the review of a Section 504 plan as an option when a Student is determined not to require an IEP. The Office of Civil Rights has some pretty clear guidelines about what a Section 504 plan is (and what it is not) and how the IEP differs from the IEP program.

https://www2.ed.gov/about/offices/list/ocr/504faq.html

STUDENTS PROTECTED UNDER SECTION 504

Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.

A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504?

The student may be eligible for services under Section 504. The school district must determine whether the student has an impairment which substantially limits his or her ability to learn or another major life activity and, if so, make an individualized determination of the child's educational needs for regular or special education or related aids or services. For example, such a student may receive adjustments in the regular classroom. Note that a medical diagnosis alone may still not entitle your child to a 504 plan or even an IEP.

The 504 Plan is a written document that is legally binding and enforceable. While there are no IEP goals or specialized academic instructions, a 504 Plan must still allow for FAPE by providing a host of general education accommodations that the school staff, teachers, and assigned educators must adhere to so that Students can learn.

Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should it be done?

Section 504 specifies that re-evaluations in accordance with the IDEA is one means of compliance with Section 504. The Section 504 regulations require that re-evaluations be conducted periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a significant change of placement. OCR considers an exclusion from the educational program of more than 10 school days a significant change of placement. OCR would also consider transferring a student from one type of program to another or terminating or significantly reducing a related service a significant change in placement.

Your Child Has Behavior But Is Still Entitled To Behavior Support and Legal Protections Under a Section 504 Plan

Schools must conduct an additional evaluation of a student with a disability under Section 504, “a manifestation determination” before implementing a disciplinary removal that will result in a significant change in placement. A significant change in placement due to discipline means: (1) a removal from class or school for longer than 10 consecutive school days, or (2) a series of removals from class or school that together total more than 10 school days in a school year and constitute a pattern of removal. Examples include expulsions and certain suspensions. Accurate records of the basis for excluding the student and the time during which the student was excluded are needed for a school to determine whether and when a proposed disciplinary

removal would be a significant change in placement.

The Leigh Law Group are California and San Francisco based attorneys who represent disabled Students grades K-12 as well as in College when Section 504 Plans are missing or are no implemented. We represent students statewide including Los Angeles, San Francisco, Oakland, Berkeley, Sacramento and throughout the Bay area is issues related to Section 504 plans and disability accommodations.

Why Schools File Legal Claims Against Parents

Thu, 03 Nov 2022 14:57:21 GMT

Let's face it there are some special education administrators emboldened by their hired gun tax payor funded attorneys who get away with constantly muscling and bullying parents of children with IEP's rather than attempting to mediate, problem solve and work to identify solutions that help children, families and schools. The wait, don't tell and then game of I gotcha is so gross because it leaves families without any alternatives. So families are marched into lawsuits and that has a devastating affect on trust between parents and schools. That's why the Leigh Law Group attorneys exists-to give Parents the equal power to level that playing field. While the Education Code allows a school district to sue a parent of a child with disabilities do you know when they can do that? Let's consider a few examples:

1. IAES: A school district can sue a parent using the due process administrative trial like procedures to obtain an order seeking to remove a child to an IAES-interim alternative setting for up to 45 days. A local educational agency (LEA) may request an expedited due process hearing when it believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others. (20 U.S.C. § 1415(k)(3)(A); 34 C.F.R. § 300.532(a).) The hearing officer may return the child to the placement from which he was removed, or may order a change in placement to an appropriate IAES for not more than 45 school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others. (20 U.S.C. § 1415(k)(3)(B)(i); 34 C.F.R. § 300.532(b)(2).) The expedited due process hearing must occur within 20 school days of the date the complaint requesting the hearing is filed and the hearing officer must make a determination within 10 school days after the hearing. (34 C.F.R. § 300.532(c)(2).)

2. And this is a biggie-when after the provision of special education services the parent either partially consents to an IEP or revokes consent to special education. Ca. Educ. Code Section 56346(f) and also see https://lnkd.in/gSfZEwYS.

3. A school district may after a manifestation hearing sue a family in an expedited due process hearing to have the child remove from school (they may seek an expulsion hearing) or they may also pursue due process to have the child's placement changed. Check out this CDE resource on disciplinary resources and federal guidance on manifestation hearings and discipline.

DIPLOMA AN OPTION FOR STUDENTS WITH SIGNIFICANT COGNITIVE ABILITIES

Mon, 24 Oct 2022 20:44:35 GMT

Under federal regulations and corresponding state law, obtaining a high school diploma after a student meets local high school graduation requirements ends a student’s rights to continued IEP’s and offers of FAPE. 34 CFR 300.102, CA. Educ. Code Section 51225.3. For the longest time, California students with significant cognitive disabilities were not afforded the right to earn a diploma and instead IEP teams offered only certificate of completions. Ca. Educ. Code 56390. A Certificate of Completion required the student to meet IEP goals and complete school district approved courses of study. Ca. Educ. Code 51225.3 (defines requirements for certificate of completion courses of study). A student ages out of the IEP process at the age of 22. Ca. Educ. Section 56026.

Concerns that a high school diploma rather than a Certificate of Completion opened pathways for more opportunities and life enhancements for students with cognitive disabilities, a California Workgroup was established to consider alternatives to Certificates of Completion.

See https://www.cde.ca.gov/sp/se/ac/altpathwayslegreport.asp . California Education Code 33080 states, “Each child is a unique person, with unique needs, and the purpose of the education system of this state is to enable each child to develop to his/her/their full potential.”

“In the spirit of the IDEA, and equality of opportunity for students with disabilities, the recommendations developed by the Alt Pathways Workgroup attempt to identify existing barriers to earning a high school diploma for students with disabilities and explore the opportunity to develop a pathway for students with significant cognitive disabilities to also obtain a high school diploma (based on the state’s alternate achievement standards). Historically, this latter group of students has received a high school certificate of completion in lieu of a high school diploma, which has proven challenging when attempting to gain competitive integrated employment and access to postsecondary opportunities because the certificate of completion is not formally or widely recognized within the business co mmunities or institutes of higher education”.

The workgroup looked at California Education Code to consider how to develop alternative pathways. The workgroup provided guidance through 2 reports. https://www.scoe.net/divisions/ed_services/workgroup_reports

Critical in these reports:

An IEP template: The IEP template can help establish the expectation that every student can earn a high school diploma and communicate that expectation to families/guardians and teachers. The IEP team plays a substantial role in planning each student's pathway to a diploma. The workgroup recommends the California State Legislature revise California Education Code Sections 56043(g) and 56345(a)(8) to adjust the required age for postsecondary transition planning from 16 to 14. Require IEP teams to begin formal post-secondary planning including setting measurable post-school outcome measures no later than at the first IEP meeting following the student’s 14th birthday .
Established in California Education Code 51225.31 that Students with school district governing boards must establish alternative prescribed courses of study, including outside of school supervised work experiences, that allow Students with significant cognitive impairment to earn credits toward the alternative pathways high school diploma. Note, this diploma does not constitute a change of placement like a standard high school diploma and would allow the student to continue to remain IEP eligible even after earning the diploma.

Students with disabilities who IEP teams might consider for Alternative Pathway High School Diplomas:

IEP eligible Students who take the CAA: The CAAs are based on the California Alternate Achievement Standards which were developed specifically for students with significant cognitive disabilities to be able to access the same California State Standards as their peers without disabilities, just in a modified format.
This generalized group of students, who receive special education and related services, likely need a moderate level or more specialized support through individualized academic instruction and accommodations to meet grade-level standard expectations. They might require both specialized academic instruction or small group instruction, or additional time to master the content standards of a specific grade-level or course.
This generalized group of students represent the majority of students with disabilities, who receive special education and related services that will allow them to access and meet the same grade-level academic standards and expectations and complete the same course requirements (state and local) for graduation as their non- disabled peers.

Not every student with an IEP will require this Alternative Pathway. Many IEP students are able to complete local high school graduation requirements and earn a traditional high school diploma and this is especially true when LLG attorneys attend your IEP meetings to help your IEP team take advantage of the legally required supports and services.

Students awarded a Section 51225.31 diploma must be permitted to participate in graduation ceremonies and activities with similar age peers but such participation does not end their right to a FAPE. Also, this new diploma does not exit the student from his/her IEP.

Leigh Law Group is at the cutting edge of special education. If you bring one of our attorneys to your IEP or Section 504 plan meeting, you’ll never have to worry if your IEP eligible child isn’t getting the help they need in school. Visit us http://www.leighlawgroup.com

DP and CDE Differences

Thu, 13 Oct 2022 21:27:34 GMT

If you think that your child’s school district has violated special education law—including failing to provide your child with a free appropriate public education (“FAPE”), you can either file a due process complaint or a complaint with the California Department of Education (“CDE”). There are always ways a seasoned special education attorney can help with this process and moreover, can even provide you with services such as amicably settling your differences and avoid the below discussed time consuming and sometimes frustrating processes. A Leigh Law Group attorney retained can provide you with all the options that best obtains you and your family’s goal. This blog is not legal advice and does not constitute all the ways a family can resolve school disputes.

How Due Process Works

Parents may file a due process complaint with the Office of Administrative Hearings (“OAH”) if they believe that the school district is not providing their child with FAPE.

Timing Matters

Parents generally have two years from the date they knew about the underlying issue to file a due process complaint alleging issues during those years. Filing a due process complaint results in a due process hearing unless the parties settle before hearing starts. Generally, before the due process hearing, parents and school district representatives have the option to voluntarily mediate with an OAH Administrative Law Judge (“ALJ”) or during a resolution session. The goal of the meditation is to resolve the dispute before the due process hearing. If the parties do not reach a settlement agreement at the mediation, then the parties proceed to the due process hearing. At the due process hearing, an ALJ will review the evidence and determine whether the schools district provided your child with FAPE. After hearing evidence and reviewing written closing arguments from both sides, the ALJ will issue a decision stating whether there was a violation, and if there was, corrective actions the district must take. A due process hearing is similar to a trial with witnesses and documentary evidence. Either side may appeal by filing a civil action in federal district court if they are dissatisfied with the ALJ’s decision within 90 days from the date of the final administrative decision.

How a California Department of Education Complaint Works

Anyone may file a complaint with the CDE when they believe the school district has violated special education law.

Timing Matters

The CDE investigates the complaint to determine whether the school district violated special education law. The issues must be filed within 1 year of the violation or knowledge of the violation. The CDE acts as a neutral investigator; they do not advocate for either the parents or the school district. The CDE will issue a decision stating whether there was a violation of special education law. This process mostly covers failures to implement the IEP. If there was a violation, then the decision will include actions the school district must take to correct the violations. It is important to realize, however, that after you submit your evidence—usually in the form of a letter—to the CDE, your case is in the hands of the investigator.

What is the difference between filing for due process and filing a complaint with the California Department of Education?

A CDE complaint can resolve any alleged violations of federal and state special education laws relating to failure to implement the IEP reviewed by a state compliance investigator, starts with a state complaint outlining the issues and each side gets to speak to the investigator but does not get to see the other sides evidence generally. An attorney can help you file a complaint as well as give you guidance as to the legal violations and potential remedies. The statute of limitations is one year.

A due process complaint focuses on violations of both procedural and substantive violations of FAPE. The due process complaint can take days if not months, is appealable to state or federal court, allows for a decision by an ALJ who hears organized evidence, witnesses and experts and the participant has a greater chance of being heard about the harms caused and why remedies should be awarded. There generally is a two-year statute of limitations. An attorney should be retained in these circumstances as the process is appealable by any side to federal court and there may be other civil issues implicated in these types of filings.

If you believe the school district is not providing FAPE or violating your child’s special education rights, you should consider retaining an attorney and the Leigh Law Group attorneys are very experienced in the above processes, how to use them and when and if to use them strategically.

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Who Attends an IEP Meeting

Thu, 13 Oct 2022 21:20:31 GMT

Students who receive special education services have an individualized education plan (“IEP”). IEPs are governed by a host of laws, law guidance, case law and state and federal special education laws. Of particular importance is the federal Individuals with Disabilities Education Act (IDEA). IEP’s are created for students who attend public school, which includes California charter schools, for the sole purpose of providing a Free and Appropriate Public Education (“FAPE)”. The IEP is the centerpiece of special education law.

To be eligible for an IEP, a student has to:

1) Have one or more of the 13 enumerated legal conditions that are covered under IDEA and state education law, which includes learning disabilities like dyslexia and dysgraphia, dyscalculia and a host of others.

2) Need services in school as a result of that disability or disabilities to access their education and be provided a FAPE.

IEP meetings are held with your child’s IEP team. At the first meeting, the IEP team will develop the IEP after discussing eligibility following a school psychologist’s assessment. Expect to discuss IEP goals designed to be met within a year, services designed to help your child meet the IEP goals modifications and accommodations and a variety of placements designed to meet your child’s needs.

During subsequent IEP meetings, the team will discuss your child’s progress and goals, and revise the IEP accordingly. The first IEP meeting is held within 60 days after your child qualifies for special education. After that, IEP meetings occur annually. However, you can request an IEP at any time.

An IEP must include:

• A statement of the child's present levels of academic achievement and performance;

• A description of how the child's progress toward meeting goals will be measured;

• A statement of the special education and related services to be provided to the child; and

• An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class.

The following people must attend an IEP meeting:

• The parents.

• Your child’s general education teacher(s) if your child is in any general education classes.

• Your child’s special education teacher(s).

• A school district representative in charge of providing resources to your child.

• An evaluator (such as a psychologist or other specialist) who will presents the results of the psychoeducational evaluation of your child.

• Any other school specialists (such as a behavior analyst).

• Anyone else that you believe will help advocate for your child, including an attorney.

In California, a parent has the right with the appropriate notice to audio record the IEP.

Bringing an attorney to an IEP meeting ensures that your child receives the resources they need. The school district’s IEP team members do not always discuss all the options available to you legally, nor do they always agree with Parents about what is and is not FAPE or progress —so it is helpful to have someone who is familiar with the IEP process by your side who will look out for your child’s interests. An attorney will make sure that your child is receiving a free appropriate public education because Leigh Law Group attorneys know the IEP requirements and understand how to work with IEP teams with a focus on your child and your child’s needs . Remember, an IEP is a legal proceeding and more often than not, you will need an attorney to help you navigate the IEP. The Leigh Law Group has been representing parents in IEP meetings effectively and zealously for more than twenty years.

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How do we get more mental health counselors in schools?

Mon, 15 Aug 2022 17:28:00 GMT

The last couple of years have been taxing for kids’ mental health. The pandemic, isolation, online schooling and other issues have disrupted kids’ lives, their learning and their relationships. Now, over 40% of teenagers report struggling with persistent sadness or hopelessness. Due to this “unprecedented mental health crisis” among young people, the federal government recently announced almost $300 million in…

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Automated hiring technology can result in ADA violations

Wed, 27 Jul 2022 12:20:00 GMT

These days, the hiring process typically involves uploading resumes and filing online applications. That allows employers to use artificial intelligence (AI) and various algorithms to “review” applicants and help narrow the field down to a select group of candidates to interview. Automated hiring technology includes everything from gamified personality tests to voice analysis. Those behind this technology often claim that…

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Your boss says you’re an independent contractor. It may not be true.

Tue, 26 Jul 2022 02:34:00 GMT

The vast majority of the time, California law assumes that workers are the employees of who they work for. If a worker is going to work as an independent contractor, the hiring company must prove that they qualify under the law. This is important because employees are entitled to many more benefits and protections than independent contractors. For example, employers…

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Has Title IX made school sports gender-equal? No, says NCAA report

Fri, 22 Jul 2022 20:36:00 GMT

Title IX of the Education Amendments of 1972 turned 50 years old this year. The law prohibits gender-based discrimination in any school or education program funded by the federal government. It is most widely known for its effect on sports in the American education system. Has it lived up to its promise to bring gender equity to school sports? No…

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Researchers: federal IDEA funding plan needs to be updated

Thu, 30 Jun 2022 20:14:00 GMT

The current formula for providing federal funding for students with disabilities is inequitable and needs to be changed, according to two recent studies. Even if the federal government came through with the $38 billion it owes to states to educate students with disabilities, the researchers argue, the existing funding formula would leave many students with less funding than they actually…

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Are tip pools a form of wage theft?

Wed, 29 Jun 2022 16:52:00 GMT

A restaurant owner may decide that they would rather use a tip pool than allow each employee to collect their own tips. All this means is that, when tips collected from the tables, they are combined into a single pool and then divided fairly or equally among the service staff. Owners and managers sometimes like this idea because it frees…

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Report: Black doctors routinely face discrimination and retaliation

Tue, 28 Jun 2022 12:26:00 GMT

People who identify as Black alone make up 12.4% of the U.S. population, but only 5% of active physicians in the U.S. identify as Black. That’s a problem because a lack of Black doctors contributes to poorer health outcomes among Black patients. Unfortunately, Black doctors – and Black male doctors specifically – are scarce. It could be getting worse. In…

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Shortage of fully licensed special education teachers in 48 states

Mon, 27 Jun 2022 13:23:00 GMT

Under the federal Individuals with Disabilities Education Act, kids with disabilities have the right to access a fully licensed special educator. This school year, however, there is a shortage of licensed special education teachers in 48 states, including California. That typically means one of three things. Option one: big classes. Option two: classes taught by people who are currently working…

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New federal rule clarifies that LGBTQ bias is illegal in schools

Thu, 12 May 2022 13:17:00 GMT

The U.S. Department of Education has proposed new rules that clarify that Title IX of the Education Amendments of 1972 prohibits school-based discrimination based on sexual orientation or gender identity. Title IX uses the same statutory language, prohibiting discrimination “because of sex,” as Title VII of the Civil Rights Act of 1964. That means that when the U.S. Supreme Court…

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DOJ: discrimination against opioid treatment patients violates the ADA

Wed, 11 May 2022 14:33:00 GMT

We’ve long known that drug addiction is an impairment covered by the Americans With Disabilities Act (ADA). That means that employers, law enforcement, jails, healthcare providers and others are prohibited from discriminating against people who suffer from substance use disorders. That doesn’t mean your employer can’t prohibit you from using illegal drugs. It means, more or less, that you can’t…

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What should schools do when students sexually harass one another?

Mon, 09 May 2022 13:17:00 GMT

When kids sexually harass each other, it can create a situation where the victims of the harassment can’t get their education safely. When schools don’t engage in a reasonable intervention, they can sometimes be held responsible for allowing a hostile educational environment, which is a form of discrimination. It’s not emotionally easy to intervene, but it has to be done.…

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Minor league baseball players don’t earn minimum wage. Should that change?

Fri, 06 May 2022 11:00:00 GMT

Minor league baseball players are specifically exempt from federal minimum wage and overtime requirements – but that doesn’t mean they’re exempt from California’s wage and hour law system. Indeed, a federal magistrate judge in Northern California recently ruled that the players are employees under California law, and that means they must be paid a minimum wage and overtime. The case…

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Who controls test takers’ private data during remote proctoring?

Wed, 04 May 2022 11:00:00 GMT

Automated online proctoring of exams in the U.S. has exploded in popularity during the pandemic. Usage of remote proctors has jumped by 500% in the past two years alone, and over half of American higher education institutions are using them. For the most part, students are required to submit to online proctoring. One study found that 97% of students whose…

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Will Apple agree to an independent audit of its work practices?

Mon, 02 May 2022 11:00:00 GMT

Apple Inc. has long aspired to be a champion for civil rights, but critics say the technology giant fails to maintain an adequately diverse workforce, particularly in higher paid, higher-power positions. Some critics point to repeated reports of discriminatory practices, sexual harassment and other abuses at the company. Apple boasts that it has made great strides. Who’s right? Apple shareholders…

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Can one incident constitute illegal sexual harassment?

Fri, 25 Mar 2022 12:00:00 GMT

In certain circumstances, yes. This is because there are two types of sexual harassment: quid pro quo and hostile work environment. Both types of sexual harassment involve unwelcome sexual conduct that is made a term or condition of employment. Both types are forms of gender discrimination under Title VII of the federal Civil Rights Act of 1964 and the California…

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Should colleges and universities end legacy admissions altogether?

Wed, 23 Mar 2022 13:00:00 GMT

In response to the “Varsity Blues” scandal, California passed some college admissions reforms that took effect in 2020. One was to require California colleges and universities to disclose what percentage of their student body is admitted as legacy students – students whose parents or other close relatives also attended the school. It may seem like legacy admission preferences aren’t a…

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Do California students have the right to take a knee at games?

Mon, 21 Mar 2022 12:00:00 GMT

Taking a knee during the national anthem is a way to protest racial inequality and police brutality in the United States. Former 49er Colin Kaepernick took a knee for years during his NFL career, and many, many other professional athletes have followed suit. Rapper Eminem even honored the movement during his recent Super Bowl halftime show. It’s a powerful symbol.…

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Where is the line? ‘Creepy behavior’ and actionable harassment

Thu, 24 Feb 2022 14:00:00 GMT

Sexual harassment can be a serious problem in school or at work. Many students and faculty members at UCLA breathed a sigh of relief when a former postdoctoral fellow and lecturer was arrested in early February. The man allegedly emailed an 800-page manifesto and posted videos in which he threatened dozens of people at the university. The manifesto contained racist…

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Sexual harassment culture investigation moves forward at Microsoft

Tue, 22 Feb 2022 16:06:00 GMT

In response to investor pressure, Microsoft has agreed to open an investigation into how the company handles sexual harassment and gender discrimination complaints. In a rare move, an activist investor was able to convince almost 78% of Microsoft shareholders to vote together and demand more accountability when it comes to sexual harassment and gender discrimination. According to the Associated Press,…

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California sues Tesla over alleged racial discrimination, segregation

Fri, 18 Feb 2022 20:33:00 GMT

The California Department of Fair Employment and Housing (DFEH) has filed suit against Tesla Inc., alleging that the company’s Fremont plant is a “racially segregated workplace.” It also contends that African American workers suffer from daily racial slurs, discrimination in job assignments, pay, discipline and promotions, and that this all creates a hostile work environment. According to the Associated Press,…

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Can you structure your partnership to avoid partner disputes?

Tue, 13 Jul 2021 14:15:00 GMT

There are many reasons partners fall into dispute. Business disagreements are common enough. One partner may favor a strategy that another thinks is a mistake. Intrapersonal issues also come up. One partner may be working noticeably harder than the other partners, or one may be noticeably less productive. Unfortunately, partnership disputes are as common as they are disruptive. It may…

The post Can you structure your partnership to avoid partner disputes? first appeared on Leigh Law Group .

It’s time to get started on your business succession plan

Wed, 02 Jun 2021 14:29:00 GMT

Even after he found out he had cancer in 2017, Ivo Puidak did not create a business succession plan. A former top chef and the founder of the Galena Canning Company, Puidak must not have realized how much trouble that would mean for his family. You see, he was planning to sell before he died. His wife and son didn’t…

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5 reasons to have your business contract reviewed by a lawyer

Tue, 11 May 2021 18:19:00 GMT

As a business owner, you’ve had to make quick decisions. You’ve had to negotiate your own contracts. You’ve had to do everything on the fly. If it has worked so far, you might think that you can do without legal counsel on your business agreements. What do lawyers offer when it comes to contracts? They can help you prevent problems,…

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Is long-haul COVID-19 illness considered a disability?

Thu, 22 Apr 2021 16:00:00 GMT

It’s an important question because it’s illegal to discriminate against a person with a disability in employment or in places of public accommodation. In California, our laws define disability broadly. For the purpose of California’s Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act and Disabled Persons Act, a disability is a mental or physical condition that limits a…

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As you build your business, you should pay yourself reasonably

Tue, 20 Apr 2021 15:58:00 GMT

When you are starting a new business, it can seem impossible to meet all of your expenses. You’re just now getting the word out about your new company. Clients are probably thin on the ground. You may plan to undercut your competitors to get your foot in the door, and that trims your budget even more. Should you refuse a…

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Are vaccine signup websites violating disability rights?

Thu, 15 Apr 2021 15:57:00 GMT

A recent investigation by Kaiser Health News found that many federal, state and local websites offering information about and registrations for COVID-19 vaccines violate disability laws, especially when it comes to people with visual disabilities. People who require special software to read internet pages have been locked out of vital information about COVID and have been unable to sign up…

The post Are vaccine signup websites violating disability rights? first appeared on Leigh Law Group .

What is tortious interference with contracts?

Thu, 18 Mar 2021 15:39:00 GMT

When you have a contract, but a third party interferes and causes the other side to breach it, it could be “tortious interference.” A classic example is this. You’ve agreed to buy a local artist’s painting for $500. They agreed to the price and you’re ready to pick up the art. Then, an art dealer hears about the sale, contacts…

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Rule change would limit some ‘disparate impact’ civil rights cases

Mon, 15 Mar 2021 15:37:00 GMT

It is perhaps the most significant shift in civil rights enforcement in a generation or longer. In a last-minute proposal, the U.S. Department of Justice has proposed a rule change that would change how it enforces Title VI of the Civil Rights Act, which bars recipients of federal funding from discrimination based on race, color and national origin. Title VI…

The post Rule change would limit some ‘disparate impact’ civil rights cases first appeared on Leigh Law Group .

What is a Section 1983 civil rights lawsuit?

Mon, 08 Mar 2021 16:33:00 GMT

We all know that the U.S. Constitution and some federal laws give us certain rights. For example, we have freedom of speech, the right to be free from unreasonable searches and arrests, and the right to access public accommodations. Sometimes, however, local, state and the federal governments have policies or even laws that violate citizens’ civil rights. Or, government actors…

The post What is a Section 1983 civil rights lawsuit? first appeared on Leigh Law Group .

HUD will enforce the Fair Housing Act on behalf of LGBTQ people

Fri, 19 Feb 2021 20:38:00 GMT

After an executive order by President Biden, the Department of Housing and Urban Development (HUD) will consider sexual orientation and gender identity as protected from discrimination in housing. This also follows a Supreme Court ruling establishing that the Civil Rights Act’s prohibition of discrimination based on gender applies to sexual orientation and gender identity. According to NPR, studies had already…

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What is ‘force majeure’ in contracts?

Thu, 28 Jan 2021 17:48:00 GMT

“Force majeure” is a term a lot of people have heard in relation to the pandemic. Roughly meaning “superior force,” the term excuses performance of the contract if unforeseeable circumstances make it truly impossible to perform. A force majeure clause could come in handy for a lot of businesses during this difficult time. This type of clause is also referred…

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Does relying on consumer surveys lead to workplace discrimination?

Wed, 20 Jan 2021 17:42:00 GMT

When companies rely on customer satisfaction surveys to evaluate their workers, it can lead to discrimination. This is because consumers’ ratings are often infected by racism, ageism, sexism or anti-disability bias. A recent lawsuit argues that Uber’s use of its five-star rating system when evaluating drivers leads to unlawful discrimination under Title VI of the Civil Rights Act of 1964.…

The post Does relying on consumer surveys lead to workplace discrimination? first appeared on Leigh Law Group .

Should you consider arbitrating your business dispute?

Tue, 24 Nov 2020 17:47:00 GMT

You may have heard about arbitration, but you may not know much about it. Under the right circumstances, it can be a quick, economical and final way to resolve a business dispute. You can arbitrate any type of business dispute with agreement from the other party. Some contracts have clauses specifying that arbitration will be used as the method to…

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Accused of breaching your contract? Practical defenses

Tue, 17 Nov 2020 17:41:00 GMT

In these times of economic uncertainty, many organizations are finding themselves unable to fulfill their contracts. Yet if you have been accused of a contract breach, you may be worried about getting sued. What defenses might you have? First, it’s important to be sure that the contract is actually valid and enforceable. For example, to be valid, a contract must…

The post Accused of breaching your contract? Practical defenses first appeared on Leigh Law Group .

Tips for business owners who need to close down

Mon, 26 Oct 2020 15:06:00 GMT

It can be tempting just to close your doors and walk away, but closing a business takes a bit of planning. Taking the right steps can avoid unnecessary costs and prevent legal disputes from arising. Here are the basic steps for closing down a business: Make the decision to close. Follow the procedure in your partnership agreement, articles of organization…

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Which type of partnership should you choose?

Tue, 08 Sep 2020 05:00:00 GMT

When you’re starting a new business, choosing the right entity type is important. You can choose a variety of entities: corporations, limited liability companies (LLCs), nonprofits, partnerships or even sole proprietorships. If you don’t choose, your entity type will default to the entity most advantageous to the state. Partnerships are organizations with more than one major contributor to the business.…

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Supreme Court: LGBTQ employees are protected by Title VII

Tue, 25 Aug 2020 05:00:00 GMT

In a 6-3 decision, the U.S. Supreme Court announced this week that the language of Title VII of the Civil Rights Act of 1964 prohibiting discrimination “because of sex” applies to sexual minorities, including people who are gay or openly transgender. Therefore, it is now illegal nationwide to discriminate against these people. Until this decision, it was still presumptively legal…

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Is Facebook failing its Black employees and users?

Thu, 23 Jul 2020 05:00:00 GMT

Diversity is about more than fairness. It is also about helping your company build relationships with a diverse audience and customer base. Without sufficient diversity inside the company, it’s hard to draw in users of color, and mistakes can easily be made that will alienate them. Recently, a Black employee of Facebook filed a complaint with the EEOC. It is…

The post Is Facebook failing its Black employees and users? first appeared on Leigh Law Group .

6 key areas where students have rights at school

Tue, 14 Jul 2020 05:00:00 GMT

Students in American schools have constitutional rights. It is true that there are areas where their rights are not as protected as those of adults, but the courts have laid out substantial, protectable rights in many areas. Students generally have the right to a safe, free, appropriate education. Here are six areas where students’ rights are protected: Free speech: In…

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How is disability defined under California’s equal access laws?

Thu, 09 Jul 2020 05:00:00 GMT

When it comes to ensuring equal access for people with disabilities, California has three major laws: The California Fair Employment and Housing Act The Unruh Civil Rights Act The Disabled Persons Act These laws apply to businesses, employers and housing providers and require them to make reasonable accommodations to allow equal access for anyone with a covered disability. California law…

The post How is disability defined under California’s equal access laws? first appeared on Leigh Law Group .

TikTok policy discriminated against disabled video posters

Tue, 09 Jun 2020 05:00:00 GMT

The Chinese video-sharing app TikTok has roughly 800 million users every day. While it works to bolster an image as a hub for global self-expression, it works with the Chinese government to suppress dissent. Now, recent documents show that TikTok also suppressed images of people that it didn’t feel gave the best impression of Chinese society, including people with disabilities.…

The post TikTok policy discriminated against disabled video posters first appeared on Leigh Law Group .

Should DHS use face recognition technology on Americans?

Tue, 02 Jun 2020 05:00:00 GMT

The government of China is running one of the most expansive surveillance networks in history, but the United States isn’t far behind. Is a society where we are constantly tracked, compared to watchlists and hauled in for legal violations the society we really want? The use of face recognition technology is already becoming pervasive in the United States, but nowhere…

The post Should DHS use face recognition technology on Americans? first appeared on Leigh Law Group .

FREQUENTLY ASKED QUESTIONS AND GUIDANCE ISSUED BY THE STATE OF CALIFORNIA AND ITS AGENCIES REGARDING REGIONAL CENTER SERVICES

Wed, 15 Apr 2020 05:00:00 GMT

The has been and continues to track changes to the laws protecting disabled children, special-education students, Regional Center consumers, and IHSS recipients. While the below is guidance and not intended as legal advice, it should hopefully help the families of individuals accessing Regional Center services and InHome Support Services (IHSS) to understand the changes affecting their services. If you live…

The post FREQUENTLY ASKED QUESTIONS AND GUIDANCE ISSUED BY THE STATE OF CALIFORNIA AND ITS AGENCIES REGARDING REGIONAL CENTER SERVICES first appeared on Leigh Law Group .

What does California’s Unruh Civil Rights Act do?

Thu, 02 Apr 2020 05:00:00 GMT

The Unruh Civil Rights Act, passed in 1959, is one of California’s great civil rights laws. It protects people from business discrimination based on a number of characteristics, including race, color, national origin, ancestry, language, immigration status, citizenship, religion, sex, sexual orientation, marital status, disability, medical condition, or genetic information. All types of for-profit businesses are prohibited by the Unruh…

The post What does California’s Unruh Civil Rights Act do? first appeared on Leigh Law Group .

A boy’s desk placed over a toilet raises discrimination concerns

Wed, 11 Mar 2020 05:00:00 GMT

A middle school in Washington state recently made headlines for setting up a school restroom as a learning environment for a student with special needs. The 11-year-old’s mother asked the school to provide her son, who has autism, a quiet place to do his schoolwork. The school responded by putting a desk over a toilet and laying a camping mat…

The post A boy’s desk placed over a toilet raises discrimination concerns first appeared on Leigh Law Group .

It’s likely that the ADA requires websites to be accessible

Wed, 19 Feb 2020 06:00:00 GMT

Title III of the Americans With Disabilities Act (ADA) protects the rights of people with disabilities to have access to the market. Recently, the U.S. Supreme Court let stand a Ninth Circuit ruling that the ADA requires companies to make their websites and mobile apps accessible to people with disabilities. That means companies should assume that the ADA covers websites…

The post It’s likely that the ADA requires websites to be accessible first appeared on Leigh Law Group .

Survey: 25.9% of undergrad women experience sexual assault

Tue, 22 Oct 2019 05:00:00 GMT

According to a recent survey by the Association of American Universities (AAU), more than a quarter of undergraduate women say that they have been sexually assaulted since starting college. That is, they were sexually touched or penetrated without their consent, either by force or because they were unable to consent. The survey also found that 6.8% of male undergrads said…

The post Survey: 25.9% of undergrad women experience sexual assault first appeared on Leigh Law Group .

This October, support National Bullying Prevention Month

Tue, 15 Oct 2019 05:00:00 GMT

October is National Bullying Prevention Month, and we should all work together to end bullying in school. When bullying is allowed to continue at school, it can be a civil rights issue and can also create significant suffering for victims. Moreover, bullying is not a healthy activity for the bully, and intervention can be a positive experience for all involved.…

The post This October, support National Bullying Prevention Month first appeared on Leigh Law Group .

The benefits of hiring a special education law attorney

Wed, 11 Sep 2019 05:00:00 GMT

Special needs students require precisely that: special needs. These students perform differently than children who are not on the spectrum. They can’t be taught and disciplined in the same manner. Doing so can cause problems. Special needs children require specific programs and climates to excel. The unfortunate reality is that many schools, especially under-budgeted public schools, aren’t provided the resources…

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Strategies for confronting cyberbullying with your child

Wed, 24 Jul 2019 05:00:00 GMT

Social media and the internet can provide a place of inclusivity and positivity for children with special needs and learning disabilities. However, it can also provide a convenient venue for cyberbullying. As a parent, you may wonder what you can do. In today’s world, cyberbullying is an unfortunate reality in which special needs children can be particularly vulnerable. Parents throughout…

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Your Regional Center just discontinued — or reduced — services in your Individual Program Plan (IPP). You disagree. Now what?

Tue, 16 Jul 2019 05:00:00 GMT

The Notice of Proposed Action (NOPA) describing the change in services will provide you information on how to appeal. If your appeal is postmarked or received by the Regional Center within 10 days of the NOPA, you are entitled to “aid paid pending,” meaning that the Regional Center must continue to fund or provide the disputed service(s) while the appeal…

The post Your Regional Center just discontinued — or reduced — services in your Individual Program Plan (IPP). You disagree. Now what? first appeared on Leigh Law Group .

Leigh Law Group obtains temporary restraining order for a young autistic man to run track

Sat, 20 Feb 2016 06:00:00 GMT

Sometimes it’s the relatively small victories that are the most satisfying. The ones that go unnoticed by the wider world but which make a tangible, enriching difference in the life of a disabled person. recently had one such victory for a young man with autism that serves to reinforce why we do what we do. J.S. is a young man…

The post Leigh Law Group obtains temporary restraining order for a young autistic man to run track first appeared on Leigh Law Group .

Wed, 08 Oct 2014 05:00:00 GMT

In Daubert v. Lindsay Unified School District (9th Cir. – July 25, 2014) 1:09-cv-1463 GSA, the Ninth Circuit Court of Appeals affirmed the granting of the school district’s motion for summary judgment. Plaintiff claimed that the school football field public bleacher seating’s lack of wheelchair accessibility violated Title II of the Americans with Disabilities Act. In that instance, the bleachers…

The post first appeared on Leigh Law Group .

Leigh Law Group, with co-counsel, files class action for refinery workers

Tue, 16 Sep 2014 05:00:00 GMT

Violations Alleged on Behalf of Thousands of Employees San Francisco, California, September 10, 2014: A class action lawsuit filed on Wednesday accuses Timec Company, Inc. dba Transfield Services (“Timec”) of failing to pay basic minimum wages to workers who work as general laborers on refinery maintenance crews. The case was filed in the Northern District Court in San Francisco. The…

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Important things to know when hiring a special education attorney

Thu, 08 May 2014 05:00:00 GMT

We at the know hiring a special education attorney can be (wait,… is) daunting. You have to face trusting your child, that precious gift that changed your life more than any one single thing, to someone you only barely know. Here are some things you should know: 1. Some attorneys have never taken a case to due process. They will talk…

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Leigh Law Group partner Mandy Leigh argues case before 9th Circuit Court of Appeals

Tue, 22 Apr 2014 05:00:00 GMT

founder and partner Mandy Leigh recently argued before the United States Ninth Circuit Court of Appeals in a longstanding special education case raising issues of first impression in the Ninth Circuit. Any appearance before a Ninth Circuit panel is of course a privilege but more so in this case due to the participation of the United States Department of Justice who…

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Leigh Law Group notches win for federal employee

Tue, 22 Apr 2014 05:00:00 GMT

The , with offices in Marin and San Francisco, recently prevailed on a motion to adjudicate a Title VII race discrimination claim before the United States Equal Employment Opportunity Commission (EEOC). The case thereafter settled with a promotion for the affected employee along with compensation for leave hours utilized, back pay and attorneys’ fees. The represents individuals, businesses and educational…

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