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New Law Expands the Four-Year Evidentiary Window in Permanent Certificated Discipline Cases Involving Allegations of Sexual Misconduct

Assembly Bill (AB) 2128, effective January 1, 2019, will allow evidence and testimony outside the current four-year time window when a certificated employee is accused of sexual misconduct with a student or minor.

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Legislature Enhances Minor Witness Protections in Employee Discipline Proceedings

Assembly Bill (AB) 2234, which becomes effective January 1, 2019, provides a comprehensive set of requirements for the presentation of testimony by minor witnesses at administrative disciplinary proceedings initiated under the egregious misconduct hearing process for permanent certificated employees, and for discipline hearings involving allegations of egregious misconduct for permanent classified

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New Laws Increase State Control of Addiction Treatment Facilities, Require Student Athlete Opioid Warning

On September 26, Governor Jerry Brown signed a package of bills designed to enhance state regulation of licensed alcohol and drug abuse recovery or treatment facilities (RTFs). Governor Brown also signed Senate Bill (SB) 1109, which aims to better inform the public of the risks associated with the use of opioids.

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Court Restricts Ability to Seek Mandate Reimbursements

A California appellate court has ruled that a public agency is not entitled to seek reimbursement from the state for the cost of implementing mandated programs if the agency has existing statutory authority to impose or raise fees, even if the attempt to impose or raise fees is prevented by a successful Proposition 218 majority protest.

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New Laws Restrict Law Enforcement Agencies’ Right to Withhold Recordings Relating to “Critical Incidents”

After years of failed attempts, the Legislature has passed, and Governor Brown has signed into law, two bills that remove the longstanding layers of protection and confidentiality for certain law enforcement records. Senate Bill (SB) 1421, which becomes effective January 1, 2019, increases public access to certain records relating to allegations of misconduct by law enforcement.

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Court Rejects Developer-Sponsored Initiatives

A California appellate court has ruled that development agreements may not be approved through voter initiatives. Development agreements are contracts between a local agency and a property owner or developer.

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New Laws will Require Charter Schools to Provide Meals, Sexual Health Education

The Legislature has expanded requirements for charter schools in 2019. Assembly Bill (AB) 1871 will require charter schools to provide meals to needy students, while AB 2601 will require charters to provide sexual health education to students in grades 7-12.

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Non-Binding Order from OAH Requires School District Administer Medical Marijuana on Campus

In a non-binding order, a California state administrative law judge from the Office of Administrative Hearings ("OAH") ruled that a public school district must allow a student's nurse to administer medical marijuana, as needed, on campus and transportation.

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The Pot Thickens: Legal Updates on Marijuana and Schools

Schools may soon be getting requests to permit students to take a marijuana-based epilepsy drug at school, thanks to a change in the way the federal government regulates it. Read on to learn more about Epidiolex and the state of the law regarding administration of medication at school, including marijuana based drugs.

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