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California Expands Public Access to Police Records

Governor Newsom signed Senate Bill (SB) 16 on September 30, 2021, expanding the types of police officer records subject to disclosure pursuant to a public records request. This is an expansion of provisions enacted in SB 1421, that went into effect on January 1, 2019.

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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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Governor Newsom Relaxes Procedural Requirements for Hiring Retired Teachers

On August 16, 2021, California Governor Newsom signed Executive Order N-12-21 in response to the ongoing COVID-19 pandemic and increased spread of the Delta variant.

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Ninth Circuit Finds COVID-19 Limits on Public School In-Person Learning Permissible, but Not for Private Schools

The U.S. Ninth Circuit Court of Appeals recently issued an opinion in Brach v. Newsom (9th Cir. July 23, 2021, No. 20-56291) __ F.3d __, holding that the 14th Amendment rights of public school students and their parents were not violated when the State of California prohibited in-person learning in counties with high rates of COVID-19.

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COVID-19 Presents New Challenges for Complying with Child Find Obligations

As evidence mounts regarding the potential long-term health impacts of COVID-19, the U.S. Department of Education's (USDOE) Office of Special Education and Rehabilitative Services (OSERS) has issued new guidance to clarify the child find duties and assessment obligations of school districts and other local educational agencies (LEAs) where the after-effects of COVID-19 impact a student's learning

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AB 361 Creates Exemptions to Brown Act Virtual Meeting Requirements During a State of Emergency

On September 15, 2021, the Governor signed Assembly Bill (AB) 361, amending the Ralph M. Brown Act to allow local agencies to continue conducting public meetings remotely during a state of emergency, so long as certain requirements are met.

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Federal Procurement Requirements Apply When Using ESSER Funds for Construction Projects

As of March 2021, the federal government has authorized three rounds of COVID relief grant funding through the Elementary and Secondary School Emergency Relief (ESSER) Fund (i.e., ESSER I, enacted on March 27, 2020; ESSER II, enacted on December 27, 2020; and ESSER III, enacted on March 11, 2021).

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California Supreme Court Rejects Expansion of the Prevailing Wages Requirement

On August 16, 2021, the California Supreme Court rejected arguments in two cases that sought to expand the definition of “public works” under the prevailing wage statutory scheme, which was designed to enforce minimum wages on construction or maintenance projects paid with public funds.

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