EdLawConnect Blog

The Education Code currently provides that students enrolled in grades K through 3 may not be suspended pursuant to Education Code 48900(k).  Furthermore, no student regardless of grade level may be recommended for expulsion based on a violation of that provision.  Senate Bill (SB) 419, introduced by Sen. Nancy Skinner (D-Berkeley) on February 21, 2019, would expand the existing ban on suspensions for violations of 48900(k) to students enrolled in grades 4 through 8.  In addition, the ban would also extend to students enrolled in grades 9 through 12, but this provision is scheduled to sunset on January 1, 2025.  The proposed bill also applies the ban to charter schools.

Title 5 of the California Code of Regulations, section 55220 has long provided community college districts with immunity from claims for injuries sustained on field trips and excursions, including travel related to interscholastic athletic events.  While California courts have recognized that the immunity provision allows districts to enhance the educational experience by reducing exposure to injury claims and thereby lessening costs (Sanchez v. San Diego County Office of Education (2010) 182 Cal.App.4th 1580, 1584), a California Court of Appeal recently clarified the extent of this protection.

On September 21, 2015, the U.S. Departments of Education and Justice (collectively, the “Departments”) released an English Learner Tool Kit—a resource to assist state and local educational agencies meet their legal obligations to English Learners (ELs) and ensure ELs have access to a quality public education.  The release of the EL Tool Kit comes at a time when over five million students (one-tenth of ...