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New Law Allows School and Community College Districts to Adopt Trustee Areas Without Holding an Election for Voter Approval

Effective on January 1, 2022, a county committee on school district organization will be able to approve a school district or community college district’s adoption of a by-trustee area election method, without calling an election to seek voter approval.

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School District Properly Placed Coach on Leave After He Refused to Cease Public Prayers Following Football Games

In Kennedy v. Bremerton School District (9th Cir. 2021) 991 F.3d 1004, the Ninth Circuit Court of Appeals (Ninth Circuit) upheld the Bremerton School District’s (District) placement of high school football coach Joseph Kennedy (Kennedy) on paid administrative leave when Kennedy refused to stop conducting public prayers and religious motivational speeches at the 50-yard line with students fol

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AB 130 Significantly Impacts Charter Schools: Charter Term and Nonclassroom-based Moratorium Extensions Headline Key Updates

Governor Gavin Newsom has signed into law the 2021-2022 Education Omnibus Budget Trailer Bill, Assembly Bill (AB) 130 (Trailer Bill), imposing critical changes impacting charter schools and their authorizers. Notably, the Trailer Bill automatically extends the term of most charter petitions by two years.

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Office of Public School Construction Addresses Prohibition of Piggyback Contracting for Permanent Modular Buildings

On July 7, 2021, the Office of Public School Construction (OPSC) issued a mass email to all California school districts and county offices of education reiterating that the Public Contract Code (PCC) does not allow a school district "to acquire factory-built modular building components via piggyback contracting."

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Supreme Court Sets Aside Student's Cheer Team Suspension, but Confirms Schools' Authority to Regulate Off-Campus Expression

In its first student free speech case since 2007, Mahanoy Area School District v. B.L, the United States Supreme Court ruled in favor of a student whose off-campus and off-color social media (Snapchat) posts resulted in her suspension from the school’s junior varsity cheerleading team.

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"On the Basis of Sex" Interpreted: Sexual Orientation and Gender Identity Protected Under Title IX

On June 16, 2021, the United States Department of Education’s Office for Civil Rights (OCR) issued a Notice of Interpretation [1] explaining that discrimination “on the basis of sex” under Title IX of the Education Amendments of 1972 (Title IX) encompasses both sexual orientation and gender identity.

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Significant Changes to Independent Study for the New School Year

The 2021-2022 Education Omnibus Budget Trailer Bill (Trailer Bill) includes significant short-term and long-term changes to independent study. (See Ed. Code, § 51745, et seq.) For the 2021-2022 school year only, school districts and county offices of education (COE) will be required to offer an independent study program to meet the educational needs of pupils.

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New Laws on Student Retention, Grades and Graduation Create More Pandemic-Related Consequences for Schools

On July 1, 2021, Governor Newsom signed into law a three-part bill that creates new obligations for local educational agencies (LEAs) related to students served during the pandemic-impacted 2020-2021 school year.

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Online Public Meetings Still Allowed Until September 30

On March 17, 2020, the Governor issued Executive Order N-29-20. This order allowed local agencies to address emergent pandemic conditions by allowing local officials, and the public, to participate in public meetings via virtual platforms. Ordinarily, board attendance via teleconference is regulated by certain provisions of California’s open meeting law, the Ralph M. Brown Act (Brown Act).

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