EdLawConnect Blog

In a decision of first impression, the Fourth District Court of Appeal has held that a public school employee is not immune from a lawsuit for disclosing a Suspected Child Abuse Report (“SCAR”) to anyone other than those specifically listed in the Child Abuse and Neglect Reporting Act (Penal Code §§ 11164, et seq.; “CANRA”). Additionally, public school employers may be liable for an employee’s negligent disclosure of a SCAR.

On October 2, 2013, Governor Jerry Brown signed Assembly Bill 652 into to law which clarifies the reporting requirements under the Child Abuse and Neglect Reporting Act.  Specifically the bill states, “the fact that a child is homeless or is classified as an unaccompanied minor…is not, in and of itself, a sufficient basis for reporting child abuse or neglect.”

AB 652 applies the federal definitions of ...

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 ...

Concerned about an instructor’s behavior and teaching methodologies, a student complains through email to a college.  Is the instructor entitled to a copy of the student’s email in its entirety?  A county office of education deletes emails during the course of routine network maintenance.  Is a parent entitled to electronic copies of emails regarding a student?  These are just two of many scenarios that ...

A previous blog touched upon recent trends in student discipline and summarized certain legislation pending at that time, which signaled a policy move toward reducing the exclusion of students from school as a result of suspensions and expulsions and, instead, implementing alternative means of discipline.

Of the four main bills introduced last year – SB 1235, AB 1729, AB 2537, and AB 2242 – only two were ...

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 ...

California community colleges are required to admit any California resident with a high school diploma.  But what if an applicant has been expelled or faces expulsion proceedings from another district for violent acts? Could such an applicant simply re-enroll in a neighboring district?  A new law, effective January 1, 2013, allows a district to deny admission, after holding a hearing to determine whether the ...

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 ...

On March 1, 2013, deep cuts to the federal budget will take effect. These cuts, known as “Sequestration,” will result in $1.2 trillion in federal spending cuts over the next 10 years. Approximately half of the cuts will be made to the Department of Defense and half will be made through cuts in domestic discretionary spending programs. Although some commentators have noted that school districts have more time than other agencies to brace for the impact of Sequestration — because the impact would not occur until July 1, 2013 — we have all become familiar with the reality that potential cuts beginning July 1 require preliminary action in the spring.

A new year often presents a suitable opportunity to review important employment policies. Although policies concerning the “acceptable use of electronic resources” were a novelty only a decade ago, they have now become so common that employers may neglect to review them from time to time to be sure they are still current. A policy written in 2005 could be out of date if it does not accommodate advances in ...