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Ninth Circuit Requires Exhaustion of Administrative Remedies in Sprawling Distance Learning Lawsuit

In a highly anticipated decision, the Ninth Circuit Court of Appeals in Martinez v. Newsom (9th Cir. 2022) 46 F.4th 965, recently determined that a class action lawsuit brought by four students and their parents against all school districts in California lacked jurisdiction to be heard in federal district court, was moot in some respects in light of the return to in-person instruction, and that re

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AB 2508: Reimagining Mental Health and Substance Abuse Services in Schools

The COVID-19 pandemic certainly exacerbated, and in some ways highlighted, the challenges posed by student mental health issues.

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Discrimination Prohibited for Cannabis Use While Away from Employment

Governor Newsom recently signed into law Assembly Bill (AB) 2188, which prohibits employers from discriminating against job applicants and current employees for cannabis use off the job and away from the workplace beginning January 1, 2024.

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New Options for Local Legislative Bodies to Access Public Meetings Remotely

State lawmakers have given members of local legislative bodies a new option for remote participation in public agency meetings.

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AB 185 Authorizes Alternative Design-Build Construction for K-12 School Districts

Governor Newsom signed the Education Omnibus Trailer Bill (AB 185) on September 27, 2022, which included authorization for K-12 school districts to use “alternative design-build” contracts for public works projects.

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Senate Bill 1100 Addresses Disruptive Public Conduct at Public Meetings

On August 21, 2022, Governor Gavin Newsom signed Senate Bill (SB) 1100, which authorizes the presiding member of a legislative body to remove disruptive individuals during a public meeting.

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Legislature Corrects Error Regarding Requirements for Schools' Adoption of Developer Fee Justification Studies

On July 19, 2022, Governor Newsom signed Assembly Bill (AB) 2536 into law. AB 2536 includes a provision to correct a drafting error in AB 602 from the prior legislative year that had sparked confusion for school districts as to the applicability of new requirements for local educational agencies conducting developer fee studies.

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Ninth Circuit Backs Fellowship of Christian Athletes Over Non-Discrimination Policy

In a recently decided case, Fellowship of Christian Athletes v. San Jose Unified School District Board of Education (9th Cir. Aug. 29, 2022, No. 22-15827), the Ninth Circuit Court of Appeals reversed a federal district court and determined that the San Jose Unified School District’s use of its non-discrimination policy against the Fellowship of Christian Athletes (FCA) likely violat

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California Supreme Court Affirms Public School Districts Cannot be Sued Under Unruh Civil Rights Act for Disability Discrimination

The California Supreme Court recently upheld a lower court ruling that a public school district is not a “business establishment” and therefore cannot be liable for disability discrimination under California’s Unruh Civil Rights Act (Unruh Act or Act).

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