1. July 17, 2017

    New California Law Requires Educational Institutions to Post Specific Title IX Information on Websites

    BY: Stephen McLoughlin, Eve Peek Fichtner

    Starting July 1, 2017, educational institutions in California subject to Title IX must ensure their websites include the specific Title IX information set forth in Education Code section 221.61.  This law applies to schools, charter schools, school districts and County Offices of Education.  The required Title IX information includes: 1) the name and contact information […] more

  2. 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

  3. 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    On May 2, 2017, the First District Court of Appeal issued an unpublished opinion in CTAN v. Mt.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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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