On October 28, 2021, the U.S. Ninth Circuit Court of Appeals issued an opinion in Harris v. County of Orange (9th Cir. October 28, 2021, No. 19-56387) __ F.3d __, reiterating the standard enunciated by the California Supreme Court...
In a Case Involving Tragic Facts, Appellate Court Upholds School District and Employees' Immunity from Liability for Student Off-Campus, Unsupervised Injuries
A California Court of Appeal has held that a school district and its employees are not responsible for the safety of a student when the student is not on school property, unless the student is involved in activities undertaken or supervised by the school district.
The California Court of Appeal has held that school districts must exclude maintenance and operations costs from their calculations when determining the pro rata fees of a charter school that pays for its own maintenance and operations.
Ninth Circuit Refuses to Enforce OCR's "Dear Colleague Letters" as Binding Law in Disability Discrimination Suits for Money Damages
Since their initial release in 1994, school officials have looked to “Dear Colleague Letters” (DCLs) issued by the United States Department of Education’s Office for Civil Rights (OCR) as guidance on the implementation of federal special education and disability laws.
Not all information held by the government is open to public inspection.
On August 16, 2021, the California Supreme Court rejected arguments in two cases that sought to expand the definition of “public works” under the prevailing wage statutory scheme, which was designed to enforce minimum wages on construction or maintenance projects paid with public funds.
Legislature Allocates $100 Million from General Fund for Prevention and Alternative Dispute Resolution of COVID-19 Related Special Education Disputes
On July 9, 2021, Governor Gavin Newsom signed into law Assembly Bill 130, known as the 2021-2022 Education Omnibus Budget Trailer Bill (AB 130).
Appellate Court Ruling Sheds Light on the Government Claims Act, Sexual Abuse Cover Up and Related Damages
In its recent decision in Los Angeles Unified School District v. Superior Ct., Los Angeles County (2021) 64 Cal.App.5th 549, the California Court of Appeal held that a school district is immune from an award of treble damages in a tort action for childhood sexual assault where the assault occurred as the result of a cover up.
PERB Holds that Employers Have a Duty to Negotiate in Good Faith Regarding the Effects of Mandatory Vaccination Policies Prior to Implementation
On July 26, 2021, the Public Employment Relations Board (PERB) issued a decision finding that while the decision to adopt a mandatory influenza vaccination policy implemented by the Regents of the University of California (University) was outside the scope of representation, the University's failure to meet and confer in good faith over the effects of the policy, prior to implementation, constitut