EdLawConnect Blog

State Senator Lou Correa (D-Santa Ana), with the support of the California School Boards Association (“CSBA”), has drafted a bill that would streamline the teacher dismissal process and specify additional types of conduct that can be charged by school districts. Senate Bill 843 would also make teacher dismissal procedures fairer for school districts, make it easier to remove teachers charged with ...

Under the California Public Records Act (Government Code § 6250 et seq. (“PRA”)), a public agency must make public records available, upon request, in any electronic format in which the agency maintains the information. If a specific format is requested, the agency must produce the records in that format if the agency has used the format to create copies for its own use or to provide to other agencies ...

Under the Civic Center Act (Education Code Section 38130 et seq.), every public school facility is considered a civic center where citizens, school-community councils, and clubs, as well as senior, recreation, education, political, artistic, and other organizations may meet. A school district may grant use of school facilities and grounds upon certain terms and conditions deemed proper by the governing ...

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 ...

Imagine the unpleasant surprise one superintendent got recently when he received a warning letter from the Commission on Teacher Credentialing for failing to report that a teacher had been let go following allegations that she had pulled a child’s ear. Of course, most school administrators are aware that Title 5 of the California Code of Regulations, Section 80303, requires notification to the CTC whenever a certificated employee’s employment status changes as a result of allegations of misconduct. But here, the employee was a substitute teacher. And the superintendent knew nothing about the decision not to use the substitute in the future.

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 ...

A growing trend among school districts across California is to allow staff and students to Bring Your Own Device (“BYOD”) to the school campus.  Staffs have, and many already use, their own personal devices, such as smartphones and iPad for instruction and administration due to the efficiency and capabilities of these devices.  BYOD can boost staff performance because it eliminates limitations as to ...

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.  ...

The Governor and Legislature kept busy in 2013 enacting new or amended laws that affect employment in California. Most of the new laws provide additional protections for employees. Public and private employers alike should take note of the changes for 2014:

Criminal Background Checks

Assembly Bill 218 applies to government agencies, not private employers. Starting July 1, 2014, it prohibits state and ...

Under current law, postsecondary education institutions, including California Community Colleges, the University of California, and the California State University, are required to follow competitive bidding procedures to procure contracts for goods and services above a certain value.  With respect to California Community Colleges, Public Contract Code section 20651 requires competitive bidding ...