Despite the remarkable efforts school districts have made to meet the legal and practical requirements of educating all students during the COVID-19 pandemic, lawsuits related to distance learning and school closures were inevitable, including lawsuits related to educating students receiving special education services. For some […]
Category: legal
Court declines to invalidate FPPC regulations, but governing boards gain some protection in CSAC and CSBA v. FPPC
After hearing arguments from the parties in California State Association of Counties & California School Boards Association v. Fair Political Practices Commission on Dec. 4, 2020, the superior court denied CSAC and CSBA’s petition for writ of mandate and declaratory relief on Dec. 14, 2020, […]
Ninth Circuit reinstates bar on revised public charge rule for California and several other states
On Dec. 2, 2020, in a victory for immigrant families, as well as for state and local governments and school districts, the United States Court of Appeals for the Ninth Circuit in a combined appeal reinstated the lower court orders barring the Department of Homeland […]
Appellate court finds plaintiff may still recover for violation of public bidding requirements after completion of the school construction contract
On Nov. 24, 2020, a California appellate court held in Davis v. Fresno Unified School District that the plaintiff’s claim that a contract for school construction violated public bidding requirements was not moot after construction was completed, because the plaintiff could still recover by having […]
Federal judge strikes down Ed Dept. order on CARES funds and private schools
On the evening on Sept. 4, a federal judge in the United States District Court for the District of Columbia struck down a U.S. Department of Education order that directed a larger share of Coronavirus Aid, Relief, and Economic Security Act money to private schools […]
Appellate Court rules Santa Monica’s at-large election method did not violate the CVRA
On July 9, 2020, a California Court of Appeal ruled that the City of Santa Monica’s use of an at-large election method did not violate the California Voting Rights Act in Pico Neighborhood Association v. City of Santa Monica. This is the first time a […]
Judge blocks U.S. Department of Education from enforcing CARES Act private school funding rule
On Aug. 21, 2020, a federal judge ruled against the U.S. Department of Education in Washington v. DeVos, a lawsuit over how much coronavirus aid public schools must set aside for private school students. The U.S. Department of Education’s interim final rule issued earlier this […]
Federal court denies request to stop Title IX regulations
On Aug. 12, 2020, in Pennsylvania v. Devos, a federal district court denied a request to stop the Title IX regulations implementation of the published by the U.S. Department of Education last May. The rules contain specific requirements for inclusion in the processes for investigating […]
Court rules in favor of eliminating pension “spiking”
On July 30, 2020, the California Supreme Court unanimously ruled in Alameda County Deputy Sheriff’s Association v. Alameda County Employees Retirement Association that the Legislature was allowed to eliminate pension “spiking,” where employees artificially increased their earnings (and, in turn, their pension) in their last […]
CSBA legal webinar explains latest on distance learning, layoffs, liability
The familiar back-to-school process for the new school year looks much different as governing boards across the state are wading through reopening plans in the face of new legal requirements and amid evolving guidance. To aid board members and local educational agencies, CSBA is holding […]