The spring edition of California Schools magazine included an article detailing the United States Supreme Court’s history on affirmative action and described two then-pending cases that sought to undo 45 years of judicial precedent, and consequently make affirmative action practices illegal in United States colleges’ […]
Category: legal
Superior Court rules State Board of Education abused its authority in overturning local charter denials
In January 2023, CSBA’s Education Legal Alliance (ELA) filed writ of mandate seeking to invalidate the State Board of Education’s (SBE) decision to grant the appeal of the petition for Mayacamas Charter School, which overturned the decisions by both the Napa Valley Unified School District […]
Legal update: ELA to file amicus brief in support of trustees in Garnier v. O’Connor-Ratcliff
In CSBA’s winter 2022 magazine, the Legal Team provided a summary of the Ninth Circuit Court of Appeals decision in Garnier v. O’Connor-Ratcliff, which held that the decision of two school board members to block some constituents from accessing private social media accounts used by […]
Court upholds Political Reform Act amendments under SB 1439
Senate Bill 1439 became effective on Jan. 1, 2023. The bill amended the Political Reform Act (PRA), approved by the voters in 1974, by eliminating an exception to the prohibition on “pay-to play” campaign contribution that applied to local elected officials. Because the exception was […]
Legal update: State officials weigh in on removal of library books and instructional materials from school settings
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. […]
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 […]