Earlier this year, in Torres v. Texas Department of Public Safety (June 29, 2022) __ U.S. __ [142 S.Ct. 2455], the United States Supreme Court held that claims for damages under the federally enacted Uniformed Services Employment and Reemployment Right Act (USERRA) are permissible in federal court against states and arms of the state, such as California universities, community college districts, a
On the heels of the United States Supreme Court decision in Dobbs v. Jackson Women’s Health Organization (2022) ___U.S.___ [142 S.Ct. 2228] (overturning various abortion rights precedents) and the recently proposed changes to the regulations under Title IX of the Education Amendments of 1972 (Title IX), the U.S. Department of Education (Department) Office for Civil Rights (OCR) has released
Legislation Roundup: New Holidays, Extended Statute of Limitations for Mandatory Reporter Violations, and Health Benefits for Striking Employees
September was a busy month for Governor Newsom, who signed into law several bills which will have a significant impact on public employers.
In a highly anticipated decision, the Ninth Circuit Court of Appeals in Martinez v. Newsom (9th Cir. 2022) 46 F.4th 965, recently determined that a class action lawsuit brought by four students and their parents against all school districts in California lacked jurisdiction to be heard in federal district court, was moot in some respects in light of the return to in-person instruction, and that re
In a recently decided case, Fellowship of Christian Athletes v. San Jose Unified School District Board of Education (9th Cir. Aug. 29, 2022, No. 22-15827), the Ninth Circuit Court of Appeals reversed a federal district court and determined that the San Jose Unified School District’s use of its non-discrimination policy against the Fellowship of Christian Athletes (FCA) likely violat
California Supreme Court Affirms Public School Districts Cannot be Sued Under Unruh Civil Rights Act for Disability Discrimination
The California Supreme Court recently upheld a lower court ruling that a public school district is not a “business establishment” and therefore cannot be liable for disability discrimination under California’s Unruh Civil Rights Act (Unruh Act or Act).
New Law Mandates Schools to Annually Inform Parents of Safe Storage of Firearms and Expands Reporting of Middle School and High School Threats to Law Enforcement
On July 21, 2022, Governor Gavin Newsom signed Senate Bill (SB) 906, creating new obligations for local educational agencies (LEAs) designed to prevent firearm-related incidents at schools and addressing threats made by students in middle schools and high schools.
Ninth Circuit Holds Blocking Public from Officials' Social Media Accounts May Violate First Amendment
New case law suggests social media accounts created by public officials may be considered public forums subject to constitutional scrutiny under the First Amendment.
Assembly Bill (AB) 181, signed into law June 30, 2022, makes a number of changes to California special education laws impacting students, families, and local educational agencies (LEAs).