Executive Director James D, Peters III forces California Governor Newsom to acknowledge significant short falls in Special Education Services starting back in March 2020.
However, the Governor was correct to place the blame on the school Districts who despite the Governor’s bill SB98 stating:
“The state expects, and state law requires, schools implementing distance learning must deliver services required under IEPs,”
Clearly establishing the failure to provide “services required under IEPs,”
was the decision of the Superintendents and the School Boards who allowed them to do so.
School districts are playing with the education of all students by playing the game of “Hide the compensatory services under the cup game.” Special education students and typical students alike are entitled to comp ed. due to covid closures. School districts are kicking the can down the road so to speak with slow due process hearings and failure to notify the public compensatory services are available, hoping the statute of limitations will run out before most parents learn compensatory services are available now!
Many school districts and the handful of law firms that only represent school districts are fighting and stalling in the 9th Cir. Court courts to avoid providing the compensatory services required by Federal and State law to special education students and in many cases general education students as well.
If this upsets you, and it should, contact your school board demand to know why the District failed to follow the law. Failing to provide compensatory education to students now. Failing to notify parents of special education and general education of the right to obtain compensatory education now, before time runs out!
Our Special Education Law Firm Executive Director James D. Peters III has announced no parent will be charged a retainer or any other fees when suing to obtain educational compensatory education for their child.
We have been joined by Attorneys Maxwell V. Pritt, Erika Nyborg-Burch and Alex Holtzman of Boies Schiller Flexner represent special education students who were denied their education rights during the COVID-19 global pandemic in a 9th Circuit court case for Oral Argument with James D. Peters III present.
Boies Schiller Flexner a “national litigation powerhouse” (The Wall Street Journal) and as “one of America’s most successful and sought-after law firms for cases that matter” (The American Lawyer).
Boies Schiller Flexner has a long history of appellate success across a wide range of matters and appellate courts, including the U.S. Supreme Court.
Boies Schiller Flexner has done what others just say on paper. Some of their most visible and celebrated cases have championed civil rights, the well-being of children, and important matters of public interest.
As a result of their decade-long class action lawsuit against the State of Florida, they helped more than 2 million Florida children gain access to health and dental care to which they are entitled under Medicaid.
Fighting for the rights of Children with special needs obtain an education is not like a civil rights movement it is a civil right movement.
Boies Schiller Flexner is proud of their reputation as a “national litigation powerhouse” (The Wall Street Journal) and as “one of America’s most successful and sought-after law firms for cases that matter” (The American Lawyer)
Our hats off and special thanks to Boies Schiller Flexner Max, Erika Nyborg-Burchand, and Alex. They have joined and are appearing Pro Bono for the 800,000 Special Education Children in California and which will also assist the 7.3 million Special Education Children in the United States!
Maxwell V. Pritt Lead Attorney
Max tries high-stakes cases for plaintiffs and defendants in courtrooms across the country. He has secured significant victories for his clients in unfair competition, class action, civil rights, and other disputes, including a complete defense verdict in a billion-dollar antitrust class action
Before joining Boies Schiller Flexner, Max clerked for Hon. Marsha S. Berzon, U.S. Court of Appeals: Ninth Circuit and Hon. Mary H. Murguia, U.S. District Court: District of Arizona
- U.S. Court of Appeals: Ninth Circuit
- U.S. District Court: Northern District of California
- U.S. District Court: Eastern District of California
- U.S. District Court: Central District of California
- U.S. District Court: Southern District of California
- U.S. Supreme Court
- Hon. Marsha S. Berzon, U.S. Court of Appeals: Ninth Circuit
- Hon. Mary H. Murguia, U.S. District Court: District of Arizona
Max is Chair of the Bay Area Lawyer Chapter of the American Constitution Society and was appointed by the California State Bar to the Judicial Council of California, which is responsible for ensuring the consistent, independent, impartial, and accessible administration of justice. He also recently served on the Judicial Nominees Evaluation Commission of the California State Bar, which vets the governor’s potential judicial candidates. In addition, Max is a Lecturer in Law at Stanford Law School and has taught at UC Hastings College of the Law, and he regularly presents on intellectual property, constitutional, and trial practice issues for legal industry and educational groups.
- Yale Law School, J.D.; Editor, Yale Law & Policy Review; President, Project for Law and Education
- Brown University, B.A., magna cum laude , International Relations, Hispanic Studies; Fitcher Prize
- Hon. Thomas L. Ambro, U.S. Court of Appeals: Third Circuit
- Boies Schiller Flexner
Erika joined the Boies Schiller Flexner firm after practicing civil rights and liberties litigation with the ACLU. Prior to this position, Erika worked as an immigration attorney for The Bronx Defenders. Erika also clerked for the Hon. Thomas L. Ambro of the U.S. Court of Appeals for the Third Circuit.
Associate at Boies Schiller Flexner LLP
Yale Law School
Alex is a trial and appellate litigator in the San Francisco office. His practice focuses on state and federal complex civil litigation. Alex has particular expertise in pretrial and appellate procedure. Alex joined BSF after clerking for Judge Michelle Friedland of the Ninth Circuit Court of Appeals and Judge Vince Chhabria of the Northern District of California.
In law school, Alex was a Coker Fellow, managing editor of Yale’s Journal on Regulation, and executive editor of the Yale Law & Policy Review. Alex received the Massey Prize for client and community service and interned for Vice Chair Ann Ravel of the Federal Election Commission.
Alex was a Stanford Fellow at the Lawyers’ Committee for Civil Rights and interned for San Francisco Mayor Gavin Newsom and District Attorney Kamala Harris.
Yale Law School is one of the world’s premier law schools, offering an unmatched environment of excellence.
Special Education Law Division of Law Offices of Sheila C. Bayne.
Pete has been an attorney at law and licensed to practice before all courts of the State of California and all federal courts within or serving California. He graduated from Vanderbilt Law School in 1972 and was admitted to the California Bar in that year. He was on the Editorial Board of the Vanderbilt Law Review. He has served as the Chair of the Federal Courts Committees of the Los Angeles County Bar Association and the California State Bar Association He practiced civil litigation, as a litigator, in all counties in Southern California since Pete began his law practice in 1972. He has represented the Santa Ana Unified School District in administrative proceedings and represented the San Jose Unified School District in federal civil litigation. He has represented the Pasadena Unified School District in both state and federal (including the U.S. Supreme Court) civil litigation and in administrative proceedings. He also represented various parents and/or their children in administrative proceedings relating to claims for a free and appropriate public education. Pete has worked with and mentored James D. Peters III the Law Firms Ex. Director for over a time, span of 30 years.
Not since Brown v. Board of Education has such a strong team joined together to assist children seeking Education Justice.
“James D. Peters III insists This team of legal and educational experts are prepared, devoted, to take this case to the U.S. Supreme Court if we need to.”