— In California, the United States Court of Appeals, Ninth Circuit ruled that a special needs student did not have to exhaust administrative remedies before filing a civil lawsuit under the Americans with Disabilities Act (ADA). The parents alleged that school officials discriminated against the student on the basis of his disability by removing him from school in response to his disruptive behavior. The court reasoned that three different federal statutes may come into play when a child with disabilities and his family assert education-based claims of unlawful treatment: the IDEA,; Section 504 of the Rehabilitation Act, and Title II of the ADA. Exhaustion applies only when a student challenges the adequacy of a child’s educational program (FAPE) and not when injured in ways unrelated to a FAPE. D. D. by & through Ingram v. Los Angeles Unified School District
— In North Carolina, A former Vance County school resource officer pleaded guilty to assault and child abuse charges after he was caught on camera body slamming an 11-year-old student. The former officer pleaded guilty to two misdemeanors: Failure to discharge duty and assault on a child under 12. He was sentenced to 55 days on the assault charge and 45 days on the failure to discharge duty charge.
— In North Carolina, Beaufort County Schools are terminating the school safety MOU with the Beaufort County Sheriff’s Office. The deputies will remain in the schools until the end of the current school year and the educators are looking for a security contractor for the 2021-22 school year.
— In California, the Governor signed into law AB 685 that authorizes the Division of Occupational Safety and Health to prohibit entry into unsafe schools that place school employees at risk of the COVID-19 infection The law also requires schools to provide written notice to all employees and their partner unions of positive COVID-19 cases and information about COVID-19-related benefits they are entitled to.