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Education Law
: EdjuristFriday Snippets - 5/16/08 - Special Education the Headliner
By Justin Bathon
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The Headliner
The headliner this week was special education issues.
(1). The Ninth Circuit went with the Second Circuit's reasoning for unilateral placement reimbursement. Jim Gerl has the details.
(2). Mitchell Rubinstein thinks the 3rd Circuit made a major blunder in Pardini v. Allegheny Intermediate Unit in deciding parents are not entitled to attorney's fees in light of Winkelman.
(3). Karl Romberger has the Department of Education releasing proposed regulatory changes.
Other News and Notes
California is trying to close some teacher abuse loopholes.
The Maine Supreme Court is looking at public funding going toward religious schools again.
South Carolina legislator introduces evolution alternatives bill he acknowledges has no chance of passing. (Its the popular thing for conservative legislators to do these days).
Meanwhile, some South Carolina legislators are actually doing real work and combating sex abuse in schools.
A lawsuit in West Virginia alleges fraud in tricking members to switch away from their defined benefit plans toward defined contribution plans ... as someone who has studied this a little ... stick with the defined benefit plans folks.
No more cookies in Hawaii schools.
Illinois is not changing their moment of silence law.
Utah is now also waiting for the Supreme Court to rule on an Idaho case on automatic payroll deductions for PACs.
A school in Colorado is deciding whether school bus surveillance tapes are educational records. (I always sort of thought so).
Elsewhere around the Education Blogosphere
Jim Gerl has just an All-Star week with several important cases. (1) Connecticut is willing to go all the way in its case against NCLB. (2) the Indiana Supreme Court protects a student's Myspace criticism of his principal ... but not under the First Amendment. (3) Pro-gay speech allowed in a Florida court. (4) And the 9th Circuit upholds school uniforms (clothing not protected speech) out of Nevada. Great Job this week, Jim.
Also Arizona strikes down vouchers for disabled and foster students (more from Board Buzz ) ... which is timely given the topics in last week's snippets. I am becoming more convinced as I think about it that Greg Anrig was right. Although Eduwonk disagrees this week and Greg defends himself again in the comments section. (Greg, I get you man and I agree with your principle argument that vouchers in their pure form are in decline).
Alexander Russo has a teacher being fired for going on Howard Stern ... in a bikini. H/t Scott McLeod
Jon Becker redesigns ... a redesign to this blog is probably about 2 months away (some have complained about my taste in web design).
Friday Fun
Not gonna lie, not having a lot of fun this week as I am wrapping up the dissertation, but I am listening to a lot of music. My favorite of the week is the Duhks. Google Document Link: Friday Snippets - 5/16/08
Full post as published by Edjurist on May 16, 2008 (boomark / email).
Lawsuits and Settlements
Mars Petcare
Issues Recall of Special Kitty Gourmet in 15 States
Department of Education Fraud
$4.25 million settlement to be paid in whistleblower lawsuit.
Racist Voicemail
Stamford Board of Education pays student $37,500 settlement after failing to protect her from racial discrimination.
Wrong Bus
Greenbrier County Board of Education agrees to $15,000 negligence settlement after dropping a 5-year-old off at the wrong spot.
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