EdLawConnect Blog

On February 21, 2013, Senate President pro Tem Darrell Steinberg and Assembly Member Cristina Garcia introduced Senate Bill (“SB”) 520 to promote an online student access platform for students of California’s Community Colleges, the California State University, and the University of California. Proponents of the bill state SB 520 would provide for increased availability of online ...

When educational institutions first embraced technology, a boilerplate Acceptable Use Policy (“AUP”) was generally sufficient to address many concerns about inappropriate behaviors, user expectations, system ownership, and electronic communications. In order to secure funding and grants, most institutions timely implemented an AUP and moved onto other more pressing issues. As technology ...

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 ...

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.

In California, employers are required to have workplace postings regarding employee rights and responsibilities under the Fair Employment and Housing Act which are produced by the Department of Fair Employment and Housing (“DFEH”). California recently updated three of these mandatory DFEH posters as a result of revisions to state law that went into effect on January 1, 2013.

Specifically, the DFEH ...

We are often asked by clients how to respond when an employee at work is suspected to be under the influence of an intoxicant or controlled substance. The protections that most public employees enjoy from drug and alcohol testing principally derive from the prohibitions against: (1) "unreasonable searches and seizures" and (2) "unwarranted invasion of personal privacy." Your response is partly determined ...

A California university recently notified students that a 2.75% processing fee would be imposed upon students paying tuition and boarding costs with a credit card. The Director of Student financial services told the LA Times that by shifting the card companies’ cost of processing from the university to the students, the university will save approximately $6.5 million.

Is this processing fee legal? Can my ...

Complaints alleging violation of the Fair Employment and Housing Act (“FEHA”) will be handled differently by the Department of Fair Employment and Housing (“DFEH”) beginning January 1, 2013.

On June 27, 2012, Governor Brown signed Assembly Bill 1464, the Budget Act of 2012 (“Budget Act”), and the Education Finance Budget Trailer Bill, Senate Bill 1016 (“Trailer Bill”). The Budget Act included a suspension of mandates concerning a body of law that is near and dear to the heart of public agencies, the Brown Act.

The Brown Act requires legislative bodies to prepare and post an agenda ...

A number of bills pending in the California Legislature reflect action by student advocates to reform approaches to student discipline that many believe lack common sense and fairness.

This push for “educational equity” and a more “thoughtful response to student misconduct” stems from studies indicating that exclusionary discipline is largely ineffective at increasing school safety or ...