On June 1, 2023, Gov. Gavin Newsom, Attorney General Rob Bonta and State Superintendent of Public Instruction Tony Thurmond issued a joint letter related to book bans and the legal standards that guide decisions related to limiting instructional materials and resources available in school libraries. […]
Category: legal
Governor, AG and SPI weigh in on book bans with a joint letter
On June 1, 2023, Gov. Gavin Newsom, Attorney General Rob Bonta and Superintendent of Public Instruction Tony Thurmond sent a joint letter to California superintendents and school principals under the heading, “Educational Rights and Requests to Remove Instructional Materials Statewide.” The joint letter advised county and […]
Biden Administration issues new proposed Title IX rule related to transgender students in sports
On April 6, the Biden Administration issued a notice of proposed rulemaking to Title IX applicable to the “narrow category of athletic eligibility criteria.” Specifically, the rule, which covers 115 pages, aims to regulate sex-related eligibility criteria that affects a student’s ability to play on […]
Supreme Court rules in favor of student seeking monetary compensation under the Americans with Disabilities Act
On March 21, 2023, the U.S. Supreme Court issued a unanimous opinion, holding that students receiving special education services who file suit under the Americans with Disabilities Act (ADA) seeking monetary compensation do not first have to exhaust administrative procedures under the Individuals with Disabilities […]
San Mateo COE suit alleges social media platforms negatively impact student mental health
On March 13, 2023, the San Mateo County Board of Education and county superintendent filed suit against YouTube, Snap (formerly Snapchat) and TikTok in the federal district court for the Northern District, alleging that these social media companies designed their platforms and/or applications to intentionally […]
CSBA sues State Board of Education for violations of the charter appeal process
Earlier this week, the CSBA’s Education Legal Alliance, which represents nearly 1,000 school districts and county offices of education throughout California, filed a lawsuit against the California State Board of Education (SBE). CSBA’s lawsuit supports the Napa Valley Unified School District’s (NVUSD) position in its […]
Legal update: Recent developments regarding school districts and parcel taxes
By Bode Owoyele, CSBA Associate General Counsel Parcel taxes have long been an essential part of school financing in California. Under the state Constitution, a school district may impose a special tax when a ballot measure proposing the tax is supported by two-thirds of qualified […]
New law amends Brown Act requirements regarding public inspections of records
Under the Brown Act, if records relating to an agenda item for a regular meeting are distributed to all or to a majority of board members fewer than 72 hours before the meeting, the local educational agency must make those records available for inspection by […]
Legal: Board members now subject to “pay-to-play” campaign contribution restrictions (UPDATED)
Update: On Nov. 17, the Fair Political Practices Commission (FPPC) discussed the application of amendments to Government Code Section 84308 more fully described in the blog below. The FPPC’s staff attorneys had proposed the commission issue an opinion advising that Government Code Section 84308, as […]
Attorney General issues opinion regarding school board vacancies
On Oct. 27, 2022, the California Attorney General issued an opinion addressing the question posed by Assemblymember Marc Berman of “how to fill a [board] vacancy when the incumbent was elected under an old districting system, but a new districting system will apply to the […]