1. June 2, 2017

    Coordinating with Local Law Enforcement to Address Sexual Violence and Comply with Title IX: The Key Features to Address when Negotiating a Memorandum of Understanding

    BY: Stephen McLoughlin, Eve Peek Fichtner, Marilou Mirkovich

    Title IX of the Education Amendments of 1972 (Title IX) prohibits sex discrimination by any educational institution that receives federal funds.  Sex discrimination under Title IX includes sexual violence such as rape and sexual assault.  In order to address sexual violence and comply with Title IX, the federal government suggests that education institutions coordinate with […] more

  2. May 31, 2017

    CTAN v. Mt Diablo Unified School District Opinion Published

    BY: Martin A. Hom

    On May 2, 2017, the First District Court of Appeal issued an unpublished opinion in CTAN v. Mt. Diablo Unified School District, (see AALRR Alert) which specifically rejected the Davis v. Fresno lease-leaseback requirements of a “genuine” lease and contractor financing.   AALRR on behalf of the amici curiae Coalition for Adequate School Housing and the […] more

  3. May 15, 2017

    Ransomware: An Ever-Evolving Cyber Threat

    BY: Tiffany Tran, Cathie Fields

    Ransomware is a profitable criminal enterprise that continues to expand while targeting the education sector. Ransomware is a form of damaging software used by hackers to prevent or limit users from accessing the user’s own system, either by locking the system’s screen or by locking the files. It’s called ransomware because the attackers demand to […] more

  4. April 3, 2017

    Statements on Public Social Media Can Be Protected Under SLAPP Laws

    BY: Amy Estrada, Cathie Fields

    California’s SLAPP (strategic lawsuit against public participation) laws are intended to prevent litigation filed for the improper purpose of censoring, intimidating, or silencing critics. (Code of Civil Procedure § 425.16.)  A defendant in a lawsuit that may improperly silence his speech may file an “anti-SLAPP” motion in the case, designed to be an efficient and […] more

  5. March 22, 2017

    Publicly Accessible Online Content May Require Closed Captioning

    BY: Shawna McKee, Cathie Fields, Sharon Ormond

    Beginning in 2015, the U.S. Department of Justice investigated complaints against the University of California, Berkeley, that Berkeley’s free audio and video online content was not fully accessible to individuals with disabilities. The primary complaint was filed by the National Association for the Deaf on behalf of members of the public who alleged they could […] more

  6. February 2, 2017

    School District Day Care Center and Preschool Staff May Have to Abide by New Vaccination Requirements

    BY: Michael Cullen, Todd Goluba, Elizabeth Rho-Ng

    Senate Bill 792 (“SB 792”), which went into effect on September 1, 2016, requires employees and volunteers of day care centers (including preschools) licensed by the California Department of Social Services (“CDSS”) to be vaccinated for influenza, pertussis, and measles. The author of SB 792, Senator Mendoza, captured the legislative intent of the bill in […] more

  7. January 30, 2017

    New Schoolbus Safety Requirements Include Child-Alert Technology

    BY: Alyssa Ruiz de Esparza, Cathie Fields

    Senate Bill 1072, approved by the Governor in September 2016, brings to fruition efforts to guard against students being left unattended on a schoolbus. (Statutes of 2016, ch. 721.) By the 2018-2019 school year, schoolbuses and other qualifying vehicles must be equipped with an alarm system that essentially forces bus drivers to check the bus […] more

  8. January 27, 2017

    Obama Administration’s White House Task Force to Protect Students from Sexual Assault Releases Guide for Universities and Colleges in Preventing and Addressing Campus Sexual Misconduct

    BY: Anna J. Miller, Sharon Ormond

    In early January 2017, the White House Task Force to Protect Students from Sexual Assault, established under the Obama Administration in 2014, released “Preventing and Addressing Campus Sexual Misconduct: A Guide for University and College Presidents, Chancellors, and Senior Administrators.” The Guide, which is available online (click here), offers insight and practical recommendations in six […] more

  9. January 9, 2017

    Ring in the New Year with a Revised I-9 Form

    BY: Cathie Fields

    In November 2016, the U.S. Citizenship and Immigration Services published its new I-9 form (click here).  Employers may immediately begin using the new form for new hires and reverifications, and must stop using the old form (identified as version “03/08/13” in the lower left corner) by January 21, 2017. All employers — public and private […] more

  10. January 3, 2017

    New California Law Seeks to Protect Student-Athletes From Sudden Cardiac Arrest

    BY: A. Christopher Duran, Todd Goluba

    With studies now showing that “sudden cardiac arrest” is one of the leading causes of death for young people under the age of 25 and student-athletes at a greater risk due to more frequent physical exertion, school districts have been looking for ways to protect student-athletes from physical harm and to reduce potential legal liability.  […] more