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. 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

  3. 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

  4. 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

  5. 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

  6. July 14, 2016

    School Districts and Colleges Can Regulate Possession of Weapons on Campus

    BY: Daphne B. Hall, Alan Atlas, Cathie Fields, Georgelle Cuevas

    California’s Gun-Free School Zone Act (Penal Code section 626.9) makes possessing a firearm in a school zone punishable as a crime.  Criminal liability attaches unless the individual (1) has obtained the permission of the school district superintendent or equivalent school authority to carry a firearm or (2) falls within the exemptions under the statute. The […] more

  7. June 14, 2016

    Newly-Unveiled Office for Civil Rights Data Shows Persistent Gaps in Educational Equity

    BY: Peter Denno, Todd Goluba

    On June 7, 2016, the U.S. Department of Education’s Office for Civil Rights (OCR) provided the public with a “First Look” at the data gathered during its biennial Civil Rights Data Collection (CRDC) for the 2013-2014 school year. In its accompanying press release, OCR highlighted data points that reveal persistent disparities in educational equity and […] more

  8. May 9, 2016

    New and Improved! More Complaints Fall under Uniform Complaint Procedures

    BY: Cathie Fields, Davina F. Harden, Bryan Martin, Jacquelyn Takeda

    Under Title 5 of the California Code of Regulations, sections 4600-4687, local educational agencies such as school districts must adopt procedures for resolving certain types of complaints, including allegations of unlawful discrimination, harassment, intimidation, bullying, and noncompliance with certain federal and state program requirements. These policies are known as “Uniform Complaint Procedures” (UCP), as their […] more

  9. December 18, 2015

    May Your Days Be Merry and Bright, and Your Drones be Registered for Flight

    BY: Sharon Ormond, Jacquelyn Takeda

    On December 14, 2015, the U.S. Department of Transportation’s Federal Aviation Administration (FAA) released a “final interim rule” for registering unmanned aircraft systems (UAS), or drones, just in time for the holiday season.  (Note: Although the new rule goes into effect on December 21, 2015, the FAA has also created a second “notice and comment” […] more

  10. October 16, 2015

    U.S. Departments of Education and Justice Release English Learner Tool Kit to Assist States and School Districts Comply with Their Legal Obligations

    BY: Jessica Armijo, Gabriel A. Sandoval

    On September 21, 2015, the U.S. Departments of Education and Justice (collectively, the “Departments”) released an English Learner Tool Kit—a resource to assist state and local educational agencies meet their legal obligations to English Learners (ELs) and ensure ELs have access to a quality public education.  The release of the EL Tool Kit comes at […] more