The TV ads and yard signs are beginning to pop up, which can only mean one thing: election season is right around the corner. In fact, Election Day, November 3, 2020, is less than 60 days away! What should school officials remember during election season? Educate, don't advocate. In general, a ...
The 2020-2021 school year has presented historical challenges for school districts across the nation. One challenge specific to California school districts is the reconciliation of new State-mandated distance learning requirements contained in Assembly Bill (“AB”) 77 with California Education Co...
Legislation that shielded schools from liability because of transmission of COVID-19 cases at school died in the Senate Judiciary Committee at the end of last month. The legislature adjourned before Assembly Bill 1384 (“AB 1384”) was considered by the Senate Judiciary Committee. As a result, scho...
On June 29, 2020 Senate Bill 98 (“SB 98”) was signed into law by Governor Newsom. While SB 98 is a budget bill and outlines school funding throughout the state of California for the 2020-2021 school year, it also provides distance learning standards for local educational agencies (“LEA”) to imple...
On May 6, 2020, the U.S. Department of Education published its newly updated Title IX regulations prohibiting sex discrimination at federally funded institutions. The new regulations, which apply to all federally funded institutions, including public K-12 school districts, require significant ch...
As local educational agencies (LEAs) throughout the state continue to plan for the complicated transition back to school in the fall, the question of liability from COVID-19 related harm looms large. AB 1384, recently introduced by Assemblymember Patrick O'Donnell (D- Long Beach), aims to address...
While the majority of Community College students are over the age of 18, many community colleges around the state offer dual enrollment classes for high school students, as well as elective courses for minors. As a result, children may be present on community college campuses, and may regularly ...
In Department of Homeland Security v. Regents of the University of California, 591 U.S. ___ (June 18, 2020), the United States Supreme Court held that the Department of Homeland Security's decision to rescind the Deferred Action for Childhood Arrivals, known as DACA, program was invalid. Chief Ju...
On June 15, 2020, the United States Supreme Court issued a landmark decision in Bostock v. Clayton County, holding that Title VII of the Civil Rights Act of 1964 protects gay and transgender rights in the workplace. Title VII makes it “unlawful…for an employer…to fail or refuse to hire or to di...
School districts planning capital improvement projects this summer or planning for the reopening of schools (consistent with the recent guidance from the California Department of Public Health and the California Department of Education (https://bit.ly/37luy7S)) are reminded that it is important t...
Please join Addison Covert and a panel of experts this Thursday 6/18 at 10am for a CASH webinar discussing FEMA disaster assistance to address local impacts from COVID-19. Attendees will hear from experts in pursuing, receiving, spending and accounting for such federal funding. Additionally, the ...
On June 5, 2020, the California Department of Public Health released interim “Industry Guidance” for the reopening of schools and school-based programs. The guidance contains very broad recommendations and considerations for the restart of school programs and services. Implementation of this gu...
In T-Mobile USA, Inc. and Communications Workers of America, AFL–CIO (May 27, 2020), the NLRB recently held that the employer did not violate the law when it announced new workplace rules that employees could not send certain emails to other employees' work email addresses. In T-Mobile, an employ...
Employers Must Meet and Confer with Union Before Providing Redacted Investigation Report. In City & County of San Francisco (2020) PERB Decision No. 2698-M, PERB held that the City & County unlawfully refused to provide the union with a timely and minimally redacted version of an investigation re...
On May 6, 2020, the U.S. Department of Education published its final Title IX regulations prohibiting sex discrimination at federally funded institutions. The new regulations, which apply to all federally funded institutions including public school districts, colleges, and universities in Califor...
Recently, the National Labor Relations Board upheld its decision in Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019), wherein the Board reversed precedent, holding that investigative confidentiality rules that by their terms apply only for the duration of any investigation are...
Based upon the Centers for Disease Control (“CDC”) Guidance for Administrators of U.S. Childcare Programs and K-12 Schools to Plan, Prepare, and Respond to Coronavirus Disease 2019, most recently updated March 19, 2020, the U.S. Department of Education developed a document entitled, Providing Ser...
During the Covid-19 pandemic, the role of schools in the community has been drastically changed to meet the needs of students and adjust to the crisis. Amongst the areas of school district operations put in question is the status of school construction projects. The actions taken by the state off...
The National Labor Relations Board (the “NLRB”) published an opinion that reversed earlier precedent and held that confidentiality provisions during workplace investigations are presumptively lawful. This holding represents a significant shift from the employee-favored precedent established in p...
Educational institutions, like private employers, have an obligation to provide a safe and healthy workplace. To this end, when a district learns that an employee has been diagnosed with Coronavirus (“COVID-19”), the district must notify fellow employees of the potential exposure. But how does ...
To all those we serve, Parker & Covert will continue to act as a resource through the uncertain times brought to our schools, colleges, and communities by COVID-19. Our attorneys are prepared and ready to work with you in meeting any challenge, whether great or small. Our offices remain open and...
Since the October 13, 2019 deadline, Governor Gavin Newsom completed final action on more than 1,000 bills for the 2019 legislative year. Below are some of the newer ones that affect Community Colleges in California. All of the new laws listed below will take effect on January 1, 2020. AB 51: Emp...
New Ban on Suspending Students for Willful Defiance California recently enacted SB 419, which amends Education Code section 48900, and now permanently prohibits public and charter schools from suspending fourth and fifth grade students for “willful defiance” and prohibits such suspensions for si...
Effective January 1, 2020, the Labor Code has been amended to enhance the provisions pertaining to lactation accommodation. The legislation will require an employer to provide a lactation room or location that includes prescribed features and to provide access to a sink and refrigerator, all near...
Parker and Covert LLP, through its Northern and Southern California offices, provides comprehensive legal representation to school districts, community colleges, and other educational clients in communities throughout the state of California.