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Important Changes Regarding Liability to CalSTRS for Benefit Overpayment

Governor Newsom has signed Assembly Bill (“AB”) 1667, overhauling key parts of the CalSTRS benefit overpayment recovery process. AB 1667 stipulates that the party responsible for the error that caused a benefit overpayment must pay CalSTRS the full amount of the overpayment.

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California Department of Education Issues Guidance for the Restart of Charter Renewals

On October 13, 2022, the California Department of Education (CDE) distributed guidance related to the renewals of charter school petitions that will come before charter authorizers in the 2023-2024 school year.

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Legislation Roundup: Pre-Hearing Adverse Actions Against Classified Employees, and Recovery of Wage Overpayments

On September 30, 2022, Governor Newsom signed into law Assembly Bill (AB) AB 2413, limiting the ability of school districts and community college districts to immediately impose adverse actions against classified employees who request a hearing on their pending discipline.

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Updates to Homeless Youth Practices and Policies

The homeless youth crisis in the United States is not abating, and the pandemic has only worsened the effects of homelessness on this vulnerable student demographic.

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New EEOC Poster to be Posted by Employers

On October 20, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released the "Know Your Rights: Workplace Discrimination is Illegal" poster, which must be posted by all covered employers.

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Ninth Circuit Talks Graduation and First Amendment Rights

In a recent opinion, Waln v. Dysart School District (9th Cir. 2022, Nos. 21-15737) __F.4th __ [2022 WL 17544355], the United States Ninth Circuit Court of Appeals analyzed a school district policy that prohibited students from decorating their graduation caps.

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Bid Thresholds Raised For 2023

According to the California Department of Education Office of Financial Accountability and Information Services, pursuant to Public Contract Code section 20111(a), the bid threshold for K-12 school district purchases of equipment, materials, supplies, and services (except construction services) has been adjusted to $109,300, effective January 1, 2023.

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U.S. Supreme Court Holds USERRA Damages Claims Viable Against Arms of the State in Federal Court

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

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Attorney General Opines on Trustee Area Vacancies

On October 27, 2022, the California Attorney General (AG) released its Opinion No. 22-502 responding to pressing questions regarding vacancies on school district governing boards.

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