EdLawConnect Blog

Flying somewhat under the radar (bad pun not intended), the Federal Aviation Administration (“FAA”) approved new rules that went into effect at the end of December 2020 allowing drone operators to fly a broader range of missions without the need to obtain a certificate of authorization (“COA”).  These new regulations will have the force and effect of allowing school and community college districts to expand their existing drone operations.

Within the past month, California courts have issued rulings expanding the types of lawsuits that may be filed against website operators for failing to maintain certain accessibility standards.  Given these rulings and the U.S. Department of Education, Office for Civil Rights’ recent trend towards focusing on website accessibility for local educational agencies (LEA), it is more important than ever to assess whether your websites meet industry standards for accessibility.

While school and community college districts have policies and complaint procedures to address overt unlawful discrimination and harassment in the workplace, there is a more subtle aspect of workplace culture which creates potential liability for employers – microaggressions.

A recent decision of the Fourth Circuit Court of Appeals demonstrates the risks of using “stock” photographs and other images found on the internet without obtaining a license from the copyright holder. (Brammer v. Violent Hues Productions, LLC (4th Cir. 2019) 922 F.3d 255.) Under U.S. copyright law, all “works of authorship” are protected by copyright, regardless of whether they are posted online and regardless of whether they feature a copyright symbol or notice. So-called “stock” images posted online are protected to the same extent as other visual works.

California has taken an important step in protecting students from being subjected to sexual misconduct by teachers. Recently, the California legislature enacted AB 872, which makes all sex offenses that require registration as a sex offender now also result in the immediate suspension of a teacher’s credential. The bill amends Education Code Section 44010 to add Penal Code Section 288.2, which relates ...

Identifying a need “to step up the pace of improvement” within the California Community College (CCC) system, Chancellor Eloy Ortiz Oakley recently announced the CCC Board of Governors’ adoption of a strategic vision, set forth in a new report titled “Vision for Success.” The report articulates various goals and commitments intended to overcome the challenges facing the CCC system to better ...

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 of the institution’s Title IX ...

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 local law enforcement to make ...

Ransomware is a profitable criminal enterprise that continues to expand while targeting the education sector.

Ransomware is a form of damaging software used by hackers to prevent or limit users from accessing the user’s own system, either by locking the system’s screen or by locking the files. It’s called ransomware because the attackers demand to be paid a “ransom” before allowing a victim to ...

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 ...