On January 12, 2015, the U.S. Supreme Court refused to consider an appeal in E.M. v. Pajaro Valley Unified School District, effectively ending this special education litigation that has lasted for nearly a decade. In 2014, the 9th Circuit decided that the Pajaro Valley Unified School District (“District”) acted reasonably when it determined that a student with an auditory processing disorder did not qualify for special education services under the category of specific learning disability. Additionally, although the court recognized that a student may be eligible for special education under more than one category of disability, it found that the District did not act inappropriately by failing to qualify the student under the category of other health impairment.
To read more details about the 9th Circuit’s decision, please see F3 NewsFlash No. 14-19 (July 2014).
One notable special education case is currently before the U.S. Supreme Court. The case involves a challenge to the 3d Circuit Court of Appeals’ holding that the “stay put” provision of the Individuals with Disabilities Education Act applies through the end of the appeals process. A decision as to whether the Court will hear this matter is expected within a few weeks. F3 will keep you apprised as to the status of this important case.
If you have any questions regarding this matter, please call one of our six offices.
F3 NewsFlash prepared by Kimberly A. Smith and John W. Norlin.
Kimberly is a Partner in the F3 Los Angeles office.
John is an Special Counsel in the F3 San Diego office.
This F3 NewsFlash is a summary only and not legal advice. We recommend that you consult with legal counsel to determine how this legal development may apply to your specific facts and circumstances. Information on a free NewsFlash subscription can be found at www.f3law.com.
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