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SB 114: New Laws Impacting Charter Schools - More Extensions and Clarification on Application of Standard of Review for Charter Petition Appeals

On July 10, 2023, Governor Gavin Newsom signed the Education Omnibus Budget Trailer Bill, Senate Bill (SB) 114 (Trailer Bill), which, among other things, clarifies and revises provisions of the Charter Schools Act (Act).

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Legislature Launches Pilot Program Allowing CMAS Contracts for Installation of Certain Materials SB 1422

Senate Bill (SB) 1422, signed by the Governor in September 2022, permits State and local agencies, including school districts and community college districts, to use State-approved California Multiple Award Schedule (CMAS) contracts for the installation, or purchase and installation, of resilient flooring, carpet, lighting fixtures, and synthetic turfs, which have limitations that are different fr

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Superior Court Reverses State Board of Education's Action Overturning Charter Denials; Clarifies Review Standard for Appeals

A recent California Superior Court ruling reinforces the deference granted to local educational agencies under Assembly Bill (AB) 1505 in determining whether to grant or deny charter petitions.

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California Supreme Court Clarifies What Constitutes a "Protected Disclosure" for Whistleblower Claims Under Labor Code Section 1102.5

On May 22, 2023, the California Supreme Court issued an opinion further delineating the analysis for retaliation claims under Labor Code section 1102.5.

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PERB to Employers: "Bargaining Costs Are Now on the Table as a Remedy"

On April 26, 2023, the California Public Employment Relations Board (PERB) issued a decision awarding a remedy against an employer that had, up to that point, been largely theoretical: recovery for increased costs incurred from bargaining and other acts of representation related to an employer's alleged unlawful conduct (bargaining costs).

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The State Board of Education Updates Assessment Criteria for Charter Schools

At its May 2023, meeting, the State Board of Education (SBE) adopted updated assessment criteria for charter school petitions, including amended criteria for defining verified data, procedures for using verified data, and new academic progress indicators within the SBE's verified data list.

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Department of Education Releases Proposed Title IX Rule for Transgender Athletes

On April 6, 2023, the United States Department of Education (Department) published a Notice of Proposed Rulemaking regarding Title IX of the Education Amendments of 1972, specifically focusing on sex-related eligibility for athletic teams.

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Ninth Circuit Contemplates Whether an ADA Claim Arising from Alleged Denial of FAPE Requires Exhaustion of Administrative Process

Back in November of 2021, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc in deciding D.D. v. Los Angeles Unified School District (9th Cir. 2021) 18 F.4th 1043, addressed the issue of whether a plaintiff asserting a claim in federal court under the Americans with Disabilities Act (ADA) must first pursue available administrative remedies under the Individuals with Disabilities Educ

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Exhaustion of IDEA Administrative Remedies Is Not Required to Pursue Non-IDEA Remedies, Such as Compensatory Damages Under the ADA

The U.S. Supreme Court, in Perez v. Sturgis Pub. Sch. (2023) ___U.S.___ [143 S.Ct. 859], unanimously ruled that a student who settled an administrative proceeding for relief under the Individuals with Disabilities Education Act (IDEA) may thereafter seek relief in federal court under the Americans with Disabilities Act (ADA) because his lawsuit sought compensatory damages—a type of

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