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Assembly Bill 167 Further Details Independent Study and Attendance Accounting Requirements

Governor Newsom signed another education omnibus budget trailer bill on September 23, 2021, Assembly Bill (AB) 167. This legislation further modifies independent study and ADA apportionment requirements for the 2021-2022 school year.

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California Public Records Act Balancing Exemption Protects COVID Information

Not all information held by the government is open to public inspection.

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Ninth Circuit Finds COVID-19 Limits on Public School In-Person Learning Permissible, but Not for Private Schools

The U.S. Ninth Circuit Court of Appeals recently issued an opinion in Brach v. Newsom (9th Cir. July 23, 2021, No. 20-56291) __ F.3d __, holding that the 14th Amendment rights of public school students and their parents were not violated when the State of California prohibited in-person learning in counties with high rates of COVID-19.

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COVID-19 Presents New Challenges for Complying with Child Find Obligations

As evidence mounts regarding the potential long-term health impacts of COVID-19, the U.S. Department of Education's (USDOE) Office of Special Education and Rehabilitative Services (OSERS) has issued new guidance to clarify the child find duties and assessment obligations of school districts and other local educational agencies (LEAs) where the after-effects of COVID-19 impact a student's learning

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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).

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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.

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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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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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