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 […]
Category: legal
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 […]
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 […]
Public comment open for proposed changes to Title IX rules
In late June, the U.S. Department of Education released a draft version of changes to Title IX rules that would define the concept of “sex” to include gender identity and sexual orientation, as well as extend protections against discrimination on the basis of sex stereotypes, […]
Supreme Court rules in favor of coach in case regarding prayer on school grounds
The case of Kennedy v. Bremerton School District examined coach’s prayer after football games On June 27, the Supreme Court of the United States issued its decision in the case of Kennedy v. Bremerton School District. CSBA is providing this summary analysis as an […]