Law allowing remote teleconferenced meetings through 2026 signed by Governor

On Sept. 13, Gov. Gavin Newsom signed Assembly Bill 2449 (Rubio, D-Baldwin Park), which provides additional options for compliant teleconferencing under the Brown Act beyond those provided in current law. AB 2449 provides a teleconferencing option that will be in effect from Jan. 1, 2023, […]

Appeals court issues preliminary injunction in FCA v. San Jose Unified School District

On Aug. 29, a three-judge panel from the Ninth Circuit Court of Appeals issued a preliminary injunction and ruled in a 2-1 decision that San Jose Unified School District must reinstate the Fellowship of Christian Athletes (FCA) as an Associated Student Body-recognized club at Pioneer […]

Brown Act amendment allows for removal of “disruptive” individuals

On Aug. 22, 2022, Senate Bill 1100, an amendment to the Brown Act, was signed into law giving presiding members of school district boards, county boards of education and other legislative bodies the statutory right to remove a disruptive individual from public meetings. Although federal […]

California Supreme Court holds that Unruh Civil Rights Act does not apply to public school districts

On Aug. 4, in the case of Brennon B. v. Superior Court, the California Supreme Court held that  public school districts are not “business establishments” under the Unruh Civil Rights Act and, thus, the Act does not apply to them. CSBA’s Education Legal Alliance filed […]

Supreme Court rules when public school not offered, public money can be used for religious school tuition

The Supreme Court ruled on June 21 that restricting the limitation of Maine’s tuition assistance program to only “nonsectarian” schools violated the Free Exercise Clause of the United States Constitution. In the case of Carson v. Makin, the Court ruled that parents could not be […]

Attorney General opinion clarifies closed session attendance under the Brown Act

On May 26, 2022, the Attorney General issued an opinion finding that individual legislative staffers of city councilmembers generally may not attend closed sessions of city councils and may not receive confidential information from those closed sessions. (Opinion No. 21-1102 (2022); 2022 WL 1814322.) While […]

Supreme Court decision limits recovery for emotional distress in Title VI and Title IX discrimination claims

In Cummings vs. Premier Rehab Keller PLLC, the Supreme Court held that damages for emotional distress are not available for discrimination claims based in four federal statutes. In the 6-3 opinion, the Court specifically reviewed a claim of disability discrimination under the Rehabilitation Act of […]

Schools should expect state guidance on independent study for students with disabilities

On Feb. 28, 2022, in the litigation action E.E. v. State of California, a judge in the Federal District Court for the Northern District of California issued a preliminary injunction that ordered the California Department of Education to provide guidance to local educational agencies requiring […]