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Governor Newsom's Executive Order Regarding Economic Sanctions on Russia Creates Confusion for Local Agencies

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 in response to Russia's invasion of Ukraine.

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Attorney General Addresses Who May Attend Closed Session Under the Brown Act

On May 26, 2022, the California Attorney General (AG) issued Opinion No. 21-1102, addressing certain aspects of "closed session" attendance under the Ralph M. Brown Act.

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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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Attorney General Takes Hardline Position on Permissible Use of School Bond Premium

On May 19, 2022, the California Attorney General (AG) published Opinion No. 14-202, stating that premium generated from the sale of school district general obligation bonds cannot be used for any purpose other than to pay debt service on the bonds.

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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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In a Victory for Public Agencies, United States Supreme Court Upholds City Off-Premises Sign Ordinance

In its recent holding in City of Austin, Texas v. Reagan National Advertising of Austin, LLC (U.S., Apr. 21, 2022, No. 20-1029), The United States Supreme Court upheld the right of public agencies to regulate on-premises and off-premises signs differently.

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U.S. Supreme Court Upholds a Community College Board's Censure of a Board Member

On March 24, 2022, the United States Supreme Court decided a case relevant to public agency governing boards managing disruptive board members. The case was originally brought by David Wilson, an elected trustee on the Houston Community College Board.

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