EdLawConnect Blog

As schools reopen for the new year, many students will arrive with smartphones in their pockets or backpacks, loaded with apps that can create headaches for parents, teachers, and administrators. Some apps, by design, allow kids to hide images and data, and even the existence of the apps themselves. Many apps cost nothing and require no age verification (or verification via a simple check mark). Depending on ...

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 cost-effective defense against ...

A decision was issued late yesterday by the Court of Appeal in a case that continues to highlight the political debate about the Education Code’s substantial protections for public school teachers.  Our firm reviewed the trial court’s decision in an Alert, saying the decision in favor of the plaintiffs was likely the first battle in a long war.  The second battle was a victory for the defendants, and the war (in the judicial branch, at least) will likely be decided by the California Supreme Court.

In August 2015, the governor signed Assembly Bill (AB) 1101, which as of January 1, 2016 will prohibit school districts from undertaking investigations regarding a student’s residency unless the governing board has adopted a policy establishing protocols and limitations on that investigation process. AB 1101 adds section 48204.2 to the Education Code and requires the policy to: identify ...

As the 2014-2015 school year draws to a close, many school districts are planning their training and professional development calendars for 2015-2016. One new requirement is mandatory Child Abuse Reporting and Detection training. Assembly Bill 1432 became law on January 1, 2015 and requires all local educational agencies — school districts, county offices of education, and charter schools (LEAs) — ...

Despite YouTube’s Popularity with School-Age Youth, Teachers Should Think Twice Before Asking Students to Upload Class Projects to YouTube

In a previous post, we discussed some of the legal issues associated with students uploading coursework on YouTube. This EdLawConnect entry continues that discussion.

Bullying-Related Concerns

Perhaps the most salient concern with students uploading their own ...

Despite YouTube’s Popularity with School-Age Youth, Teachers Should Think Twice Before Asking Students to Upload Class Projects to YouTube

Several studies have reported that YouTube is the most popular social media site among teenagers. Some studies and articles report teens and “tweens” prefer YouTube to both traditional television and other social networking sites.

In light of YouTube’s ...

As adopted in 1879, the California Constitution includes a “free school guarantee”: “The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established.”  (Cal. Const. art. IX, § 5.)  The Supreme Court has interpreted Article IX of the California Constitution to mandate education for all students at public expense.  (See Ward v. Flood (1874) 48 Cal. 36, 51.) Section 350 of Title 5 of the California Code of Regulations and Education Code section 49011 prohibit school districts from charging fees unless “otherwise allowed by law.” Exceptions allow fees in certain, specific circumstances, with certain limitations. The California Department of Education’s Fiscal Management Advisory 12-02, dated April 24, 2013, Pupil Fees, Deposits, and Other Charges, describes circumstances when fees may or may not be permitted.

In September 2012, the California Legislature passed Assembly Bill (“AB”) 2109, requiring additional documentation to exempt a student from vaccination requirements.  AB 2109 amended California Health & Safety Code section 120365, pertaining to immunization exceptions.

The vaccinations required for California K-12 school admission are set forth in Health and Safety Code section 120325 et seq.  ...

On August 12, 2013, Governor Jerry Brown signed Assembly Bill 1266 into law. AB 1266 provides transgender students have a legal right to access sex-segregated facilities and activities consistent with their gender identity. The bill amends California Education Code section 221.5 to include, at subdivision (f):

A pupil shall be permitted to participate in sex-segregated school programs and activities ...