Standard Post with Image

Legislative Update: Changes in DOJ Background Checks and Expansion of the Statewide Immunization Database

Two important bills, Senate Bill (SB) 731 and Assembly Bill (AB) 1797, were enacted in September, impacting the information available to school districts conducting background checks, and expanding the use of a Statewide immunization database.

Read More
Standard Post with Image

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

Read More
Standard Post with Image

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.

Read More
Standard Post with Image

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

Read More
Standard Post with Image

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).

Read More
Standard Post with Image

New Pathway to Diploma and Other AB 181 Impacts on Special Education

Assembly Bill (AB) 181, signed into law June 30, 2022, makes a number of changes to California special education laws impacting students, families, and local educational agencies (LEAs).

Read More
Standard Post with Image

U.S. Department of Education Releases Guidance on Disciplining Students with Disabilities

The U.S. Department of Education’s Office for Civil Rights (OCR) issued guidance reinforcing the obligations of public elementary and secondary schools to provide the services, supports, interventions, strategies, and modifications to policies, all to address disability-based behavior of students with disabilities, including behavior that could lead to discipline.

Read More
Standard Post with Image

Updates Regarding CDPH Guidance for Schools and Student Vaccine Mandates Heading into the 2022-2023 School Year

The California Department of Public Health (CDPH) recently updated its COVID-19 related guidance for K-12 schools for the 2022-2023 school year, which addresses and updates guidance on masking requirements, reporting, and paid leave.

Read More
Standard Post with Image

UPDATE: Ninth Circuit Finds Lawsuit Regarding COVID-19 Limits on In-Person Learning Now Moot

The plaintiffs in Brach v. Newsom (9th Cir. June 15, 2022, No. 20-56291) __ F.4th __, originally filed a case in U.S. District Court for the Central District of California, challenging various orders, including the 2020-2021 Reopening Framework, issued by California government officials concerning the operation of both public and private schools during the COVID-19 pandemic.

Read More