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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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Significant Changes to Independent Study for the New School Year

The 2021-2022 Education Omnibus Budget Trailer Bill (Trailer Bill) includes significant short-term and long-term changes to independent study. (See Ed. Code, § 51745, et seq.) For the 2021-2022 school year only, school districts and county offices of education (COE) will be required to offer an independent study program to meet the educational needs of pupils.

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New Laws on Student Retention, Grades and Graduation Create More Pandemic-Related Consequences for Schools

On July 1, 2021, Governor Newsom signed into law a three-part bill that creates new obligations for local educational agencies (LEAs) related to students served during the pandemic-impacted 2020-2021 school year.

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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 203 Extends and Expands Protections to Juveniles relating to Custodial Interrogations

SB 203 Extends and Expands Protections to Juveniles relating to Custodial InterrogationsSenate Bill (SB) 203, signed into law by Governor Gavin Newsom in late 2020, amended Welfare and Institutions Code section 625.6, relating to custodial interrogations of minors.

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2021 Updates: Annual Notice of Parental Rights and Responsibilities

As school districts and county offices of education prepare to update their parental annual notices (Annual Notice) for the upcoming school year, they should be aware of two mandatory changes to Annual Notices for 2021 concerning the transfer rights of bullying victims and Uniform Complaint Procedures, as well as new annual notification and posting requirements

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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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CDPH Guidance for Schools Creates Challenges and New Reopening Criteria

On January 14, 2021, the California Department of Public Health (CDPH) issued new guidance (the Guidance) for all of California's local educational agencies (LEAs), including county offices of education, school districts, charter schools, and private school

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