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 […]

California school board members don’t have surety bonds: a new CPRA request explained

Multiple school districts and county offices of education have recently received California Public Records Act or Freedom of Information Act requests for copies of board members’ “surety bonds.” The request may claim that all public officials, including elected board members, are required to obtain a […]

Charter school employees prohibited from serving on county boards of education in counties where employing schools are

On Nov. 2, 2021, California Attorney General Rob Bonta issued an advisory opinion (No. 20-102) concluding that executive directors and other charter school employees — like employees of traditional public schools — may not serve as members of the county board of education in the […]