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 […]
Category: legal
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 […]
Late start goes into effect July 1. Are you ready?
Senate Bill 328 (2019), also known as the late start bill goes into effect July 1, 2022. The bill, which was codified in Education Code 46148, mandates that the school day cannot begin before 8 a.m. for middle schools, and 8:30 a.m. for high schools. […]
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 […]
March 15 layoff notices: What boards should know
As a member of a school board governance team, few situations are more sensitive than a district delivering March 15 layoff notices. The March 15 notice is a formal, written announcement from a school district to employees informing them that they may be released for […]
Judge dismisses lawsuit challenging school mask mandate
A San Diego Superior Court judge has ordered the complete dismissal of the lawsuit initiated against Gov. Gavin Newsom, the California Department of Public Health and other state health officials by two parent groups (Let Them Breathe and Reopen California Schools) over the requirements of […]
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 […]
Pros and cons of Project Labor Agreements
By Bode Owoyele, CSBA associate general counsel Project Labor Agreements (PLA) are a type of agreement between a project owner or developer and building trade unions, designed to govern the employer–employee relations of the general contractor and all subcontractors in connection with a particular construction […]