S. Diane Beall

Ms. Beall is an attorney practicing in the firm's Walnut Creek office. She represents school districts, county offices of education and Special Education Local Plan Areas (SELPAs) primarily in the area of special education. She also advises clients, including community college districts, in various issues regarding general school law, personnel, and student rights and discipline. Ms. Beall is a former deputy district attorney and defense litigator and is well-versed in conducting complex investigations involving both personnel and pupils in disciplinary matters, and claims of age and gender discrimination, sexual harassment and retaliation.

Legal Experience

In practice since 1991, Ms. Beall provides advice and counsel and litigation defense to clients in the following areas:

  • Special education, including:
    • Representation at Individualized Education Program (IEP) meetings
    • Legal advice regarding program, placement, and related services
    • Compliance with the Individuals with Disabilities Education Improvement Act (IDEA) and Section 504
    • Assisting in designing defensible school-based programs
    • Post-high school transition services for individuals with disabilities
    • Representation at mediation sessions and at due process hearings
  • Discrimination complaints through the Office of Civil Rights (OCR) and the Equal Employment Opportunity Commission (EEOC) and compliance complaints through the California Department of Education (CDE) and Department of Fair Employment and Housing (DFEH)
  • Labor and employment law, including:
    • Classified employee discipline
    • Discrimination and harassment claims
    • Retaliation and wrongful termination
  • Student expulsions and appeals
  • Complex investigations, including:
    • Personnel and student disciplinary matters
    • Claims of age, gender and disability discrimination
    • Claims of sexual harassment and retaliation

Prior to joining KMTG, Ms. Beall practiced in the Pleasanton office of a Bay Area education law firm for nearly five years. Before that, she served as a deputy district attorney for two Bay Area counties where she conducted over fifty jury trials dealing with complex forensic, psychological and scientific evidence. After working as a prosecutor, Ms. Beall worked for a Bay Area law firm defending public entities in tort litigation and employment matters. Her background and experience as a deputy district attorney and defense litigator has given her unique insight into litigating special education matters which often involve the processing of similar complex evidence.

Practice Examples

  • Student v. Berkeley Unified School District: defended school district at due process hearing, prevailing on majority of issues on behalf of District.
  • Superior Court v. Soledad Joint Unified School District: defeated motion of public defender to join District to juvenile court matter involving an expelled student, where public defender sought joinder and court order directing District to provide additional special education services to student.
  • California Teachers Association ("CTA") and King City Schools v. Monterey County Superintendent of Schools: successfully defended Superintendent of Schools in writ of mandate proceedings seeking to overturn Superintendent's decision to rescind collective bargaining agreement under authority provided in Education Code section 42127.6

Professional Activities & Affiliations

Ms. Beall's professional activities and affiliations include:

  • Member, Association of Workplace Investigators (AWI)
  • Member, OAH Special Education Advisory Committee (2013-2015)
  • Member, State Bar of California

Academic Background

J.D. University of San Francisco, 1990

B.A. Nazareth College, 1986

  • Cum laude