1. April 26, 2017

    Avoid Being Monetarily Fried by Fry

    BY: Adam Newman, Gabrielle Ortiz

    In the past, the IDEA’s exhaustion requirement has been applied in various parts of the United States to routinely bar lawsuits for injunctive relieve and/or money damages against school districts and their employees for violations of Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and the Americans with Disabilities Act (“ADA”), when administrative […] more

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. November 28, 2016

    Texas Federal Court Halts Implementation of New Federal Overtime Rule Nationwide

    BY: Sharon Ormond, Todd M. Robbins, Chesley Quaide

    On November 22, 2016, a federal court in the Eastern District of Texas halted implementation the Department of Labor’s rule amending the salary basis test for overtime exemptions in the Fair Labor Standards Act (FLSA). The rule was scheduled to take effect December 1, 2016.  (Nevada v. DOL (E.D.Tex. 11/22/16) No. 4:16-cv-00731.) The court granted […] more

  8. October 11, 2016

    FPPC Increases Gift Limit for Calendar Years 2017 and 2018 to $470

    BY: Cathie Fields, Warren Kinsler

    The Political Reform Act imposes limits on gifts and payments received by local elected officers and designated employees of local government agencies—individuals who are required to file statements of economic interests (aka Form 700) under a local agency’s conflict of interest code. A “gift” is a payment or other benefit that confers a personal benefit […] more

  9. September 20, 2016

    Judge Reinforces Local District Control and Flexibility in Use of Student Test Scores in Teacher Evaluations

    BY: Mark Bresee, Alyssa Ruiz de Esparza, Tony De Marco

    With much media fanfare, in July, 2015 the advocacy group Students Matter filed a lawsuit against 13 large school districts, alleging these districts are failing to comply with the provision of state law regarding the use of scores on state-mandated assessments in teacher evaluations.  AALRR represented five of the districts.  Yesterday Superior Court Judge Barry […] more

  10. August 26, 2016

    U.S. Department of Labor Revises Two Required Posters

    BY: Cathie Fields, Alyssa Ruiz de Esparza

    New regulations from the U.S. Department of Labor require employers (public and private) to post a revised Federal Minimum Wage poster and a revised Federal Employee Polygraph Act poster effective August 1, 2016. The Federal Minimum Wage Poster now includes a section describing the rights of nursing mothers under the Fair Labor Standards Act. It […] more