Legislature Allocates $100 Million from General Fund for Prevention and Alternative Dispute Resolution of COVID-19 Related Special Education Disputes
On July 9, 2021, Governor Gavin Newsom signed into law Assembly Bill 130, known as the 2021-2022 Education Omnibus Budget Trailer Bill (AB 130).
Appellate Court Ruling Sheds Light on the Government Claims Act, Sexual Abuse Cover Up and Related Damages
In its recent decision in Los Angeles Unified School District v. Superior Ct., Los Angeles County (2021) 64 Cal.App.5th 549, the California Court of Appeal held that a school district is immune from an award of treble damages in a tort action for childhood sexual assault where the assault occurred as the result of a cover up.
PERB Holds that Employers Have a Duty to Negotiate in Good Faith Regarding the Effects of Mandatory Vaccination Policies Prior to Implementation
On July 26, 2021, the Public Employment Relations Board (PERB) issued a decision finding that while the decision to adopt a mandatory influenza vaccination policy implemented by the Regents of the University of California (University) was outside the scope of representation, the University's failure to meet and confer in good faith over the effects of the policy, prior to implementation, constitut
New Law Allows School and Community College Districts to Adopt Trustee Areas Without Holding an Election for Voter Approval
Effective on January 1, 2022, a county committee on school district organization will be able to approve a school district or community college district’s adoption of a by-trustee area election method, without calling an election to seek voter approval.
School District Properly Placed Coach on Leave After He Refused to Cease Public Prayers Following Football Games
In Kennedy v. Bremerton School District (9th Cir. 2021) 991 F.3d 1004, the Ninth Circuit Court of Appeals (Ninth Circuit) upheld the Bremerton School District’s (District) placement of high school football coach Joseph Kennedy (Kennedy) on paid administrative leave when Kennedy refused to stop conducting public prayers and religious motivational speeches at the 50-yard line with students fol
AB 130 Significantly Impacts Charter Schools: Charter Term and Nonclassroom-based Moratorium Extensions Headline Key Updates
Governor Gavin Newsom has signed into law the 2021-2022 Education Omnibus Budget Trailer Bill, Assembly Bill (AB) 130 (Trailer Bill), imposing critical changes impacting charter schools and their authorizers. Notably, the Trailer Bill automatically extends the term of most charter petitions by two years.
Office of Public School Construction Addresses Prohibition of Piggyback Contracting for Permanent Modular Buildings
On July 7, 2021, the Office of Public School Construction (OPSC) issued a mass email to all California school districts and county offices of education reiterating that the Public Contract Code (PCC) does not allow a school district "to acquire factory-built modular building components via piggyback contracting."
Supreme Court Sets Aside Student's Cheer Team Suspension, but Confirms Schools' Authority to Regulate Off-Campus Expression
In its first student free speech case since 2007, Mahanoy Area School District v. B.L, the United States Supreme Court ruled in favor of a student whose off-campus and off-color social media (Snapchat) posts resulted in her suspension from the school’s junior varsity cheerleading team.
On June 16, 2021, the United States Department of Education’s Office for Civil Rights (OCR) issued a Notice of Interpretation  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.