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New Law Authorizes School Staff to Administer Emergency Anti-Seizure Medication

Current law allows for the administration of prescription medication to students at school, and specifically authorizes local educational agencies (LEAs) to use trained, non-medical school personnel to administer or assist with the administration of emergency epinephrine autoinjectors, emergency naloxone hydrochloride or another opioid antagonist, glucagon, and inhaled asthma medication.

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New Legislation Provides Assistance to High Mobility High School Students

On September 30, 2022, Senate Bill (SB) 532 was enacted with the purpose of improving educational outcomes for certain "high mobility" high school students who transfer between schools.

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Legislative Update: Changes in DOJ Background Checks and Expansion of the Statewide Immunization Database

Two important bills, Senate Bill (SB) 731 and Assembly Bill (AB) 1797, were enacted in September, impacting the information available to school districts conducting background checks, and expanding the use of a Statewide immunization database.

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Ninth Circuit Requires Exhaustion of Administrative Remedies in Sprawling Distance Learning Lawsuit

In a highly anticipated decision, the Ninth Circuit Court of Appeals in Martinez v. Newsom (9th Cir. 2022) 46 F.4th 965, recently determined that a class action lawsuit brought by four students and their parents against all school districts in California lacked jurisdiction to be heard in federal district court, was moot in some respects in light of the return to in-person instruction, and that re

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AB 2508: Reimagining Mental Health and Substance Abuse Services in Schools

The COVID-19 pandemic certainly exacerbated, and in some ways highlighted, the challenges posed by student mental health issues.

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Ninth Circuit Backs Fellowship of Christian Athletes Over Non-Discrimination Policy

In a recently decided case, Fellowship of Christian Athletes v. San Jose Unified School District Board of Education (9th Cir. Aug. 29, 2022, No. 22-15827), the Ninth Circuit Court of Appeals reversed a federal district court and determined that the San Jose Unified School District’s use of its non-discrimination policy against the Fellowship of Christian Athletes (FCA) likely violat

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California Supreme Court Affirms Public School Districts Cannot be Sued Under Unruh Civil Rights Act for Disability Discrimination

The California Supreme Court recently upheld a lower court ruling that a public school district is not a “business establishment” and therefore cannot be liable for disability discrimination under California’s Unruh Civil Rights Act (Unruh Act or Act).

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New Pathway to Diploma and Other AB 181 Impacts on Special Education

Assembly Bill (AB) 181, signed into law June 30, 2022, makes a number of changes to California special education laws impacting students, families, and local educational agencies (LEAs).

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U.S. Department of Education Releases Guidance on Disciplining Students with Disabilities

The U.S. Department of Education’s Office for Civil Rights (OCR) issued guidance reinforcing the obligations of public elementary and secondary schools to provide the services, supports, interventions, strategies, and modifications to policies, all to address disability-based behavior of students with disabilities, including behavior that could lead to discipline.

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