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Supreme Court Rules in Favor of Football Coach Conducting Brief, Quiet, and Personal Post-Game Prayer on the Field

On June 27, 2022, the United States Supreme Court ruled in favor of a high school football coach holding that the Free Speech and Free Exercise Clauses of the United States Constitution’s First Amendment protected his personal and individual prayer on the field following three football games in October 2015.

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Federal District Court Upholds Consequences for Student's Offensive Tweet

In Castro v. Clovis Unified School District (E.D.Cal. May 20, 2022, No. 1:19-cv-00821-DAD-SKO), a United States District Court recently upheld the Clovis Unified School District’s (District) decision to revoke a student’s privilege of “walking” during his graduation ceremony in response to the student posting a tweet depicting a classmate captioned with a racial sl

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Education Technology Companies Put on Notice of COPPA Crackdown

The U.S. Federal Trade Commission (FTC) issued a policy statement on May 19, 2022 (Policy Statement), notifying education technology (ed tech) companies that the FTC intends to strictly enforce the Children’s Online Privacy Protection Act (COPPA) in school and other learning settings.

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50th Anniversary of Title IX

June 23, 2022, marks the 50th Anniversary of Title IX.

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New Case Highlights Interplay Between Special Education and Sexual Harassment Laws

A recent U.S. District Court decision out of Washington State provides clarification regarding how school districts are to apply their sexual harassment policies and analyze conduct as it relates to students with disabilities.

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2022 Updates: Annual Notice of Parental Rights and Responsibilities

As a reminder, school districts and county offices of education should update their parental annual notices (Annual Notices) for the upcoming 2022-2023 school year. The following is a summary of considerations for updating Annual Notices, including one mandatory change and other optional/advisable changes.

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REMINDER: New Fingerprinting Requirements for All Contracts Became Effective January 1, 2022

Due to lingering questions in the education community, we are sending this Client News Brief as a reminder concerning new fingerprinting and criminal background check criteria for employees of any entity that has a contract with a local educational agency (“LEA”).

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Emotional Distress Damages Unavailable in Section 504 Actions

On April 28, 2022, the United States Supreme Court narrowed the scope of damages available under Section 504 of the Rehabilitation Act of 1973 (Section 504), ruling that emotional distress damages are not recoverable in private actions to enforce Section 504 and other similar Spending Clause antidiscrimination statutes, including the Affordable Care Act (ACA), Title VI, and Title IX.

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Updates to Masking Requirements for Students and Employees

The California Department of Public Health (CDPH) and the Centers for Disease Control and Prevention (CDC) recently released new guidance, which includes changes to the legal requirements for face masks and new health and safety recommendations for local educational agencies to consider.

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