On May 21, the U.S. Department of Education (ED) published, “Proposed Priorities and Definitions-Secretary’s Supplemental Priorities and Definitions on Evidence-Based Literacy, Education Choice, and Returning Education to the States” in the Federal Register. The proposed rule is part of the federal rulemaking process used by […]
Author: Dana Scott
Ninth Circuit Court once again finds trustee violated constituents First Amendment right
On May 14, the Ninth Circuit issued a decision in Garnier v. O’Connor-Ratcliff, a case that relates to public officials’ use of social media, and which the U.S. Supreme Court remanded for reconsideration under a newly created standard. CSBA’s Education Legal Alliance (ELA) filed an […]
Ninth Circuit overturns district court’s dismissal of parental notification case and orders reconsideration
On April 4, the Ninth Circuit Court of Appeals issued a decision in Regino v. Staley, a case about parental notification and student privacy rights. The court’s decision vacated the District Court’s decision to dismiss the case with prejudice and remanded the case back for further proceedings with guidance on how the lower court should move forward in its considerations of Regino’s claims.
Legal update: Federal FERPA letter explained
The Student Privacy Policy Office (SPPO) is a division of the U.S. Department of Education tasked with, among other things, the administration of federal laws related to student privacy in local educational agencies that receive federal funds. Each year, two laws — the Family Educational […]
U.S. Department of Education releases FAQs regarding stance on racial discrimination
On Feb. 28, the U.S. Department of Education released a “Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act” (FAQ) document in an effort to answer questions about a dear colleague letter released on Feb. 14. The “Dear […]
Legal update: 2024 Title IX regulations have been vacated
As explained in a previous issue of California School News, in April 2024 the Biden Administration issued new Title IX regulations effective Aug. 1, 2024. Among other things, these regulations made significant changes to Title IX sexual harassment procedures — such as those governing the […]
Election season primer: Senate Bill 1439
With election season in full swing, elected board members, especially those running for re-election, should be aware of laws that affect campaign activities and contributions, including the pay-to-play provisions of Senate Bill 1439 (2022). Specifically, SB 1439 widened the scope of Government Code Section 84308, […]
U.S. Supreme Court reinforces First Amendment rights of school board members in O’Connor-Ratcliff v. Garnier
In a resounding victory for school board members on March 15, the United States Supreme Court developed a new and more restrictive test for determining when public officials can be held liable for First Amendment violations related to management of their social media accounts. The […]
Appeals court backs student in case challenging appropriate IEP
On Feb. 15, 2024, the Court of Appeals for the Ninth Circuit issued a decision in Los Angeles Unified School District v. A.O., a case that involves a 3-year-old deaf and hard of hearing student with cochlear implants, who sought special education services from the […]
Southern California charter schools challenge State Board’s denial in court
On Nov. 1, 2023, Vista Charter Public Schools (Vista) filed a lawsuit against the State Board of Education (SBE) challenging its decision to affirm the denial of its charter petition by Los Angeles Unified School District (LAUSD) and the Los Angeles County Board of Education […]