EdLawConnect Blog

On July 16, 2015, Governor Brown approved an amendment to Government Code section 12940 prohibiting an employer or other covered entity from retaliating, or otherwise discriminating, against a person for requesting accommodation of his or her disability or religious beliefs, regardless of whether the accommodation request was granted.

The legislation stems from the Court of Appeal’s decision in Rope ...

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 ...

On September 2, 2015, the Governor signed Assembly Bill 215, which imposes new requirements on school superintendents’ employment contracts entered into on or after January 1, 2016.

Current law requires all employment contracts between an employee and a local agency employer (such as a school district) to include a limitation on the amount of a cash settlement if the contract is terminated ...

As discussed in our May 29, 2015 entry, “Website Accessibility Under the ADA,” the U.S. Department of Justice (DOJ), in the absence of regulations, recognized certain industry principles as guiding public accommodations when making websites accessible under the Americans with Disabilities Act (ADA). Relying on such guidelines, businesses and public agencies reasonably believed providing ...

During the 2015-2016 school year, many school districts will be studying changes to their teacher evaluation instruments and proposing changes to teacher evaluation procedures at the bargaining table.  High profile litigation filed recently in Contra Costa County, alleging unlawful collective bargaining agreement language in thirteen districts across the state, has highlighted the issue during the ...

One of the most difficult areas of Title IX compliance is coordinating Title IX investigations with local law enforcement agencies.  If coordination is handled correctly, local law enforcement can provide vital assistance to colleges in their efforts to comply with Title IX, and the Clery Act by sharing information and resources.  However, violations of Title IX often occur when colleges allow police ...

Current law requires that school age children receive vaccines for certain infectious diseases before admission to a public or private school or day care, unless an exemption applies. “Day care” includes child care center, day nursery, nursery school, family day care home or development center.  In certain circumstances, students may be conditionally admitted, after which the school or day care must ...

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) — ...

Newly introduced AB 219 seeks to amend Labor Code section 1720.3, relating to the definition of "public works."  Existing law defines "public works," for purposes of requirements regarding the payment of prevailing wages for public works projects, to include, among other things, the hauling of refuse from a public works site to an outside disposal location with respect to contracts involving any state ...

Last month a California Court of Appeal held that while electronic signatures are valid on employment arbitration agreements in California, if an employee disputes an electronic signature, the employer bears the burden of proving the employee electronically signed the document. (Ruiz v. Moss Brothers Auto Group (2014) 2014 WL 7335221.) This decision can guide K-12 school districts and community college ...