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Proposed Bill Seeks to Remove Limits on Classroom Recording

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 Code section 51512, which prohibits the unauthorized recording and use of electronic listening devices in the […]

Reporting of Suspected Child Abuse in Community Colleges – Training Not Mandated but “Notice” is Still Required

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 come into contact with college employees.  The […]

New Legislation Impacts California School Suspensions, Lunch Shaming, and Start Times

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 sixth through eighth grade students for five years, until July 1, 2025. “Willful defiance” […]

School Districts Must Seek Confidentiality Agreement When Releasing Pupil Records Pursuant to Court Order or Subpoena

Education Code section 49077 concerning release of pupil information in response to a court order or subpoena has been amended effective January 1, 2019. (AB 2234, Stats. 2018, ch. 996.) Section 49077 previously only required a reasonable effort to notify a pupil and their parent or guardian prior to compliance with the subpoena or court […]

Department of Education Rescinds Policy for Investigating Campus Sexual Assault under Title IX

On September 22, 2017, Education Secretary Betsy DeVos announced the end of existing guidelines regarding campus sexual assault, replacing them with interim rules that allow colleges and universities to use a heightened standard of proof in sexual misconduct determinations. The new interim rules allow for a “clear and convincing” evidentiary standard when claims of sexual […]

Ninth Circuit Rules That Partially Implemented, Multi-Stage IEP, As A Whole, Is Student’s Then-Current Special Education Placement

On November 17, 2016, the Ninth Circuit Court of Appeals decided N.E. v. Seattle School District, in which it considered how to identify a student’s “then-current”/“stay-put” special education placement when a parent brings a due process complaint. The facts are somewhat convoluted:  Student is disabled and exhibited serious behavioral problems.  District A provided Student with […]

School Districts Must Initiate Due Process Hearing After Impasse

CALIFORNIA EDUCATION CODE SECTION 56346(f) COMPELS A SCHOOL DISTRICT TO INITIATE A DUE PROCESS HEARING WHEN THE SCHOOL DISTRICT AND THE PARENTS REACH AN IMPASSE In a decision by the Ninth Circuit Court of Appeals, the panel concluded that a school district did not initiate a due process hearing within a reasonable time after a child’s parents failed […]

Title IX Enforced to Level the Playing Field for Female Student Athletes

In Ollier v. Sweetwater Union High Sch. Dist., 2014 U.S. App. LEXIS 18020 (9th Cir. Cal. Sept. 19, 2014) U.S.C.A. 9th, DAR p. 12983, the 9th Circuit Court of Appeals held that a high school failed to provide or expand equal participation to female athletes in accordance with Title IX. Female student athletes at Castle […]

School Districts’ Enforceable Duty to Protect Students Against Bullying

Click here to access Parker & Covert LLP’s legal guidance on the duty of school districts to protect students against bullying following the case of Hector F. v. El Centro Elementary School District, et al.

Search of Different Student’s Locker Did Not Violate the Fourth Amendment

In In re J.D. (2014) 225 Cal.App.4th 709 [170 Cal.Rptr.3d 464], the Court of Appeal held that a school’s search of lockers in an area frequented by a student suspected of an off-campus shooting was reasonable under the Fourth Amendment.While on duty at the school, a Richmond High School campus security officer (CSO) was informed […]

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