EdLawConnect Blog

As new charter schools are developed and continue to grow as an educational option for parents and students, more and more people are seeking answers to the question of what obligations charter schools have under the Federal civil rights laws.  In a nutshell, the same Federal civil rights laws, regulations, and guidance that apply to traditional public schools apply to charter schools in all of facets of ...

To enhance school safety, some school districts have established “tip” lines where students may send emails or text messages to the district about bullying, drugs, alcohol use, fights, or anything else that may adversely impact the health, safety, or welfare of students.  A legal issue that arises from these programs is whether the information in the emails and text messages must be disclosed under the ...

A client recently contacted us with the following situation and questions:  “A teacher broke up a ‘fight’ at school yesterday.  In doing so, he put his hand on one boy’s neck/shoulder to separate him from hitting the other student.  Today, Dad comes on campus and reports to the principal that the teacher put his hands on his son’s neck and that he was going to file a complaint through the sheriff’s ...

With advances in education technology and the prevalence of technology use in general, instructors, system administrators, online service providers, and others are commonly requesting that students and parents supply their email addresses in order to facilitate communications and learning.  Under current California law applicable to K-12 public educational institutions, student email addresses ...

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.

Many school districts purchase electronic devices such as tablets and laptops for students as they enter high school.  To protect their investment, school districts often contract with companies to insure against future damage and repair costs.  These agreements are called extended service contracts and are governed by the California Song-Beverly Consumer Warranty Act (SBCWA), the California ...

Recently the U.S. Supreme Court denied review of a significant Third Circuit Court of Appeals decision involving breast-cancer awareness bracelets worn by middle and high school students around the country. The bracelets bear the message “I ♥ boobies! (KEEP A BREAST),” which some school administrators and teachers consider inappropriate. In B.H. ex rel. Hawk v. Easton Area School District (3d Cir ...

If you did a double-take when you read the title of this post, or re-read it to make sure you saw what you thought you saw, you are probably not alone. But it is accurate: on February 27, 2014 the Ninth Circuit Court of Appeals concluded that high school administrators did not violate the constitutional rights of students when it required them to turn their American flag shirts inside-out or go home for the remainder ...

Nothing illustrates how public schools have become lightning rods for social issues like Assembly Bill (“AB”) 1266, which amended Education Code section 221.5 as of January 1, 2014.

According to the Legislative Digest, AB 1266 “would require that a pupil be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities ...

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.  ...