EdLawConnect Blog

Several school districts across the country have recently been forced to confront negative uses of “deepfakes,”[1] a new and concerning type of generative AI technology.  Deepfakes are hyper-realistic video or audio clips of individuals that can depict individuals as saying or doing things that they never actually said or did.  Although the process is complex, the online interface and software is quite accessible to anyone who wishes to create a deepfake. https://www.reuters.com/legal/legalindustry/manipulating-reality-intersection-deepfakes-law-2024-02-01.  Someone who wants to create a deepfake only needs to input video or audio clips of an individual and direct an AI program to synthesize artificial video or audio of that individual that by all measures appears real, even if the individual never actually engaged in the depicted activity.  These manipulations have the ability to spread misinformation, undermine individuals’ credibility, and sow distrust on a very large scale.

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.

A federal district court in Massachusetts recently ruled against Harvard University in an ongoing lawsuit filed on behalf of disabled individuals challenging the accessibility of online video content on the university’s websites. (National Association of the Deaf v. Harvard University (D. Mass. March 28, 2019) 2019 WL 1409302, No. 3:15-cv-30023-KAR.) On the same day, the court issued a similar ruling in a companion lawsuit against the Massachusetts Institute of Technology, relying on the rationale from the Harvard University decision. (National Association of the Deaf v. Massachusetts Institute of Technology (D. Mass. March 28, 2019) 2019 WL 1409301, No. 3:15-cv-30024-KAR.)

California’s Gun-Free School Zone Act (Penal Code section 626.9) makes possessing a firearm in a school zone punishable as a crime.  Criminal liability attaches unless the individual (1) has obtained the permission of the school district superintendent or equivalent school authority to carry a firearm or (2) falls within the exemptions under the statute.

The statute does not limit the ability of a school ...

Almost all school districts have been faced with the problem of workplace bullying, but until recently workplace bullying has received little attention compared to bullying prevention efforts for minors and students.  Just as national attention on student and minor cyberbullying prompted legislation by many states, now workplace bullying is also receiving attention and has now received legislative action.  Spurred by studies regarding the damaging effects of workplace bullying on employees, including reduced productivity, morale, higher absenteeism rates, and frequent employee turnover, California Assembly Member Lorena Gonzalez proposed AB 2053, with the goal of addressing the issue of workplace bullying.  Governor Brown signed the legislation yesterday, September 9, 2014.

Article 11, Section 10 of the California Constitution prohibits public agencies from granting extra compensation to officers or employees after service has been rendered.  Employee salaries subject to collective bargaining are often not determined until later into the fiscal year. When an increase in employee salaries is negotiated during the school year, retroactive pay at the increased rate (or a ...

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 ...

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 ...

Pursuant to the Individuals with Disabilities in Education Act (“IDEA”), Title 34 Code of Federal Regulations (“C.F.R.”) Section 300.502(b)(5), a student is entitled to an independent educational evaluation (“IEE”) at public expense when the public agency has conducted an evaluation with which the parent disagrees. The IDEA identifies two choices for a local education agency ...

A number of bills pending in the California Legislature reflect action by student advocates to reform approaches to student discipline that many believe lack common sense and fairness.

This push for “educational equity” and a more “thoughtful response to student misconduct” stems from studies indicating that exclusionary discipline is largely ineffective at increasing school safety or ...