Category Archives: United States Court of Appeals for the Ninth Circuit

Seclusion & Restraints: Big Decision by Ninth Circuit

Image via WikipediaThe United States Court of Appeals for the Ninth Circuit handed down a decision in the case of Payne v. Peninsula School District on March 18th. This case involves seclusion and restraints- the current hot button issue in special ed… Continue reading

Posted in Disability, exhaustion of administrative remedies, Gerl, Special Education, special education law, United States Court of Appeals for the Ninth Circuit | Comments Off

Ninth Circuit Decision – District Court Standard of Review of Hearing Officer Decisions

The Ninth Circuit Court of Appeals recently decided the case of Ashland Sch Dist v. EH (9th Cir. December 9, 2009). The case is interesting for a few reasons. You can read the Ninth Circuit decision here.Let me state at the outset that I have a bias … Continue reading

Posted in Gerl, hearing officer, IDEA, law, Special Education, special education law, Standard of review, United States Court of Appeals for the Ninth Circuit | Comments Off

9th Circuit Rules: Rowley Still Good Law

The United States Court of Appeal for the Ninth Circuit has confirmed what most of us had expected: the U. S Supreme Court decision in Rowley, et al v. Board of Education 553 IDImage via WikipediaELR 656, is still good law.At the trial level, the U. … Continue reading

Posted in education, FAPE, FAPE standard, Gerl, Ninth Circuit, Rowley, Special Education, special education law, Supreme Court, United States Court of Appeals for the Ninth Circuit, United States Supreme Court | Comments Off