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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

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New Law Allows School and Community College Districts to Adopt Trustee Areas Without Holding an Election for Voter Approval

Effective on January 1, 2022, a county committee on school district organization will be able to approve a school district or community college district’s adoption of a by-trustee area election method, without calling an election to seek voter approval.

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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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Online Public Meetings Still Allowed Until September 30

On March 17, 2020, the Governor issued Executive Order N-29-20. This order allowed local agencies to address emergent pandemic conditions by allowing local officials, and the public, to participate in public meetings via virtual platforms. Ordinarily, board attendance via teleconference is regulated by certain provisions of California’s open meeting law, the Ralph M. Brown Act (Brown Act).

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Face Coverings Still Required in Certain Circumstances under New Rules

The past two weeks have seen a flurry of changing guidance regarding the use of face masks at workplaces and schools.

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SB 95 - COVID-19 Supplemental Paid Sick Leave

On March 19, 2021, Governor Gavin Newsom signed Senate Bill (SB) 95 into law.

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New Appellate Court Case Holds College Not Required to Hold Live Evidentiary Hearing before Issuing Written Reprimand

The California Court of Appeal has held that a community college's issuance of a written reprimand to a student found in violation of the college's policy against harassment does not entitle the student to a live evidentiary hearing.

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