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Diane B. Weissburg v. Los Angeles Unified School District, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-55913 · judgment April 23, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

This is a matter of first impression in the Federal and California Court systems.

  1. Are Individual Educational Placement (“IEP”) meetings Official Proceedings?

  2. Do parents have the right to record IEP meetings, and use the content of those recorded IEP meetings in subsequent court actions?

  3. Is an IEP meeting an “issue of public interest.”

  4. Whether a parent, guardian, or local educational agency has a right under federal law to audio record IEP meetings and use the content of those recordings, without fear of retribution? Petitioner Diane B. Weissburg (“Petitioner”) requests review of the decision of the United States Court of Appeal For The Ninth Circuit, App., infra, 1a-4a, which affirmed the trial court’s denying of their Anti-SLAPP motion against the Counter-Claim filed by Los Angeles Unified School District. (“LAUSD”), App., infra, 5a-16a. In 2018, Mother Christine Truong (“Mother” or “Truong”) and her counsel Diane B. Weissburg (“Weissburg”) attended a series of IEP assessment and placement meetings with Los Angeles Unified School District (“LAUSD” or “Respondent”) regarding an IEP program for Truong’s son D.N. Truong recorded the meetings as allowed by California Education Code § 56341.1. Following one of the meetings, Truong was told by

Counsel of record

For petitioner
Diane Barbara Weissburg
Weissburg Law Firm

For respondent
Sue Ann Salmon Evans
Dannis Woliver Kelley

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jul 31 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jul 26 2019
    Waiver of right of respondent Los Angeles Unified School District to respond filed.
  4. Jul 09 2019
    Petition for a writ of certiorari filed. (Response due August 12, 2019)