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Ninth Circuit: Newsom ban on school during COVID violated the rights of rich people but not poor people

DISCLAIMER: that title is mostly tongue-in-cheek trolling.  What the Ninth Circuit held on July 23, in Branch et. al v Newsom et. al, was that Newsom’s order closing schools because of COVID burdened private school parents’ fundamental rights to decide how they educate their children. It did not, however, burden the rights of any public school children, because the government does not…

Federal Court in California: Office of Administrative Hearings should not apply California evidence rules in special ed cases

Magistrate Judge De Marchi of the Northern District of California issued an order yesterday in NN v. MOUNTAIN VIEW-LOS ALTOS UNIONHIGH SCHOOL DISTRICT.  In this order, the court considered whether to allow an expert who testified at an administrative special education hearing to provide additional testimony during the federal court appeal of the administrative decision. During the administrative hearing, the administrative law judge prohibited the…