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Preparing for the New Year: Student Laws for 2022

While COVID-19 dominated the focus of new rules and protocols during 2021, the California Legislature enacted several other new laws that school districts must be ready to put in place for 2022.

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New Requirements for the Protection and Collection of Certain Student Records and Information

Senate Bill (SB) 24, signed into law on October 11, 2021, added section 6323.5 to the Family Code, which will allow courts, commencing January 1, 2023, to issue restraining orders prohibiting a party from accessing “records and information pertaining to the health care, education, daycare, recreational activities, or employment of a minor child of the parties.

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Ethnic Studies to Become a Required High School Course

On October 8, 2021, Governor Newsom signed into law Assembly Bill (AB) 101, which will require all local educational agencies (LEAs) including charter schools, serving high school students to provide a full-year course in ethnic studies to high school students by the 2025-26 school year.

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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.

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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.

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New Excused Absences Added to the Education Code; and Designation of September 11th as 'Remembrance Day'

/>Governor Newsom has signed two bills—Assembly Bill (AB) 516 and Senate Bill (SB) 14—that will modify the Education Code to extend its existing list of excused school absences by adding cultural ceremonies or events and expanding illnesses to include mental or behavioral health.

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AB 309 & SB 224: Addressing Student Mental Health in The Wake of COVID-19

Amid growing concern regarding the impact of the COVID-19 pandemic on students’ mental health, legislation was introduced in both the California State Senate and Assembly to provide for increased school-based mental health services.

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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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