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.

Ridesharing services, such as Uber and Lyft, continue to grow in popularity and use. The services are cost-effective, convenient, and require no exchange of cash. A ride can be ordered remotely for someone else. It is no surprise, then, that parents are turning to such services as a means to transport their children to and from school and various extra-curricular activities. Parents order a ride using a mobile app and the driver picks up and transports the child to the preset destination. Except for specialty services aimed at transporting minors (e.g., HopSkipDrive), most ridesharing services, including Uber and Lyft, have policies prohibiting drivers from transporting minors without an adult present. Nevertheless, in a ratings-driven work environment, ridesharing drivers might disregard such policies to avoid a negative rating.

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.

Given the plummeting cost of digital storage, many educational agencies scan permanent records into electronic format and destroy the hard copy originals. The Education Code and Title 5 of the California Code of Regulations permit educational agencies to destroy paper records in certain circumstances — after their usefulness ceases, after they have been classified as “disposable,” or after they have been copied into an electronic storage medium. But even when the destruction is permitted by law, it may have negative repercussions if the agency knew or should have known the documents would be relevant to current or potential litigation.

On September 18, 2014, Governor Brown signed AB 1581 which amended Education Code sections 17406 and 17407 (the lease leaseback statutes) to expressly provide that the mandatory prequalification requirements apply to the lease-leaseback delivery projects.  The mandatory prequalification requirements set forth in the new Public Contract Code section 20111.6 apply to any school district public works ...

The California Education Code establishes the length of minimum school days for students based on grade levels. The minimum school day for students grades four through twelve is two-hundred and forty (240) minutes or four hours per school day.  Whereas, the minimum school day for grades one through three is two-hundred and thirty (230) minutes or three hours and fifty minutes per school day.  (Ed. Code §§ ...

Existing law requires school districts that have declared property surplus and have passed a resolution of the intent to sell or lease the surplus property to first offer the property to certain entities specified in the Education Code and Government Code, such as cities, counties, recreation departments, special education or child care providers, depending on the type of property. The recent passage of ...