EdLawConnect Blog

On Wednesday, February 20, 2013 the United States Third Circuit Court of Appeals heard oral argument in a case concerning whether or not the Easton Area School District may ban middle school students from wearing bracelets with the slogan “I ♥ Boobies! (Keep a Breast)” and similar statements.

Relying on the Supreme Court cases outlining students’ First Amendment rights to freedom of speech in ...

Over the past decade there has been a marked increase in the use of technology in education.  From the “early” days when schools began incorporating desk-top computers into the classroom, to the prevalence of laptop use by students and teachers, to the emergence of a variety of mobile devices in school contexts, the expansion of equipment and software adapted for educational purposes has been dramatic.

On ...

On March 1, 2013, deep cuts to the federal budget will take effect. These cuts, known as “Sequestration,” will result in $1.2 trillion in federal spending cuts over the next 10 years. Approximately half of the cuts will be made to the Department of Defense and half will be made through cuts in domestic discretionary spending programs. Although some commentators have noted that school districts have more time than other agencies to brace for the impact of Sequestration — because the impact would not occur until July 1, 2013 — we have all become familiar with the reality that potential cuts beginning July 1 require preliminary action in the spring.

Proposition 39, which passed on the November 2012 ballot, has garnered a lot of interest for its provision to funnel about $500,000,000 a year into energy conservation projects for public education over each of the next five years.  Unfortunately, the enthusiasm has gotten a little ahead of implementation – which looks like it will take a while.

Prop 39 essentially applies to out-of-state businesses the ...

A new year often presents a suitable opportunity to review important employment policies. Although policies concerning the “acceptable use of electronic resources” were a novelty only a decade ago, they have now become so common that employers may neglect to review them from time to time to be sure they are still current. A policy written in 2005 could be out of date if it does not accommodate advances in ...

Legal challenges of affirmative action, and of affirmative action bans, in public higher education continue to occupy the courts.  In 2012, the federal courts gave conflicting rulings on the constitutionality of affirmative action bans enacted by California and Michigan, and the Supreme Court has been asked to give the final say.

Proposition 209, approved by California voters November 1996, added Article ...

On September 27, 2012, Assembly Bill 1844 was signed into law. The bill—now codified in Labor Code section 980—prohibits employers from requiring or requesting an employee or applicant to disclose a personal social media page. The statute defines “social media” as “an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video ...

Most school district administrators are aware of the significant burdens involved in firing tenured teachers in California – the extensive due process rights, the amount of time involved, and the legal fees.  But as one small school district in the Bay Area recently learned, there are also significant risks in not moving forward with termination.

Under Public Contract Code sections 20111 and 20651, school and community college districts must competitively bid and award a contract involving the expenditure of more than $50,000, adjusted for inflation, to the lowest responsible bidder. The threshold for the bidding requirement is increased annually to reflect the change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the prior fiscal year. The adjustment is not the same as the revenue limit cost-of-living adjustment.

Earlier this month the U.S. Supreme Court declined to hear two sexual harassment cases of interest to school districts nationwide: (1) a case involving allegations of sexual harassment brought by a student against a teacher, and (2) a case involving allegations of sexual harassment brought by a teacher regarding the harassing conduct of a student.

In Jane Doe v. Willits Unified School District et al., an ...