Standard Post with Image

Superior Court Reverses State Board of Education's Action Overturning Charter Denials; Clarifies Review Standard for Appeals

A recent California Superior Court ruling reinforces the deference granted to local educational agencies under Assembly Bill (AB) 1505 in determining whether to grant or deny charter petitions.

Read More
Standard Post with Image

California Supreme Court Clarifies What Constitutes a "Protected Disclosure" for Whistleblower Claims Under Labor Code Section 1102.5

On May 22, 2023, the California Supreme Court issued an opinion further delineating the analysis for retaliation claims under Labor Code section 1102.5.

Read More
Standard Post with Image

PERB to Employers: "Bargaining Costs Are Now on the Table as a Remedy"

On April 26, 2023, the California Public Employment Relations Board (PERB) issued a decision awarding a remedy against an employer that had, up to that point, been largely theoretical: recovery for increased costs incurred from bargaining and other acts of representation related to an employer's alleged unlawful conduct (bargaining costs).

Read More
Standard Post with Image

The State Board of Education Updates Assessment Criteria for Charter Schools

At its May 2023, meeting, the State Board of Education (SBE) adopted updated assessment criteria for charter school petitions, including amended criteria for defining verified data, procedures for using verified data, and new academic progress indicators within the SBE's verified data list.

Read More
Standard Post with Image

Department of Education Releases Proposed Title IX Rule for Transgender Athletes

On April 6, 2023, the United States Department of Education (Department) published a Notice of Proposed Rulemaking regarding Title IX of the Education Amendments of 1972, specifically focusing on sex-related eligibility for athletic teams.

Read More
Standard Post with Image

Ninth Circuit Contemplates Whether an ADA Claim Arising from Alleged Denial of FAPE Requires Exhaustion of Administrative Process

Back in November of 2021, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc in deciding D.D. v. Los Angeles Unified School District (9th Cir. 2021) 18 F.4th 1043, addressed the issue of whether a plaintiff asserting a claim in federal court under the Americans with Disabilities Act (ADA) must first pursue available administrative remedies under the Individuals with Disabilities Educ

Read More
Standard Post with Image

Exhaustion of IDEA Administrative Remedies Is Not Required to Pursue Non-IDEA Remedies, Such as Compensatory Damages Under the ADA

The U.S. Supreme Court, in Perez v. Sturgis Pub. Sch. (2023) ___U.S.___ [143 S.Ct. 859], unanimously ruled that a student who settled an administrative proceeding for relief under the Individuals with Disabilities Education Act (IDEA) may thereafter seek relief in federal court under the Americans with Disabilities Act (ADA) because his lawsuit sought compensatory damages—a type of

Read More
Standard Post with Image

2023 Updates: Annual Notice of Parental Rights and Responsibilities

As a reminder, school districts and county offices of education should update their parental annual notices (Annual Notices) for the upcoming 2023-2024 school year.

Read More
Standard Post with Image

California Equal Pay Act: New Rules on Pay Transparency, Record-Keeping, and Pay Data Reporting

On September 27, 2022, Governor Newsom signed Senate Bill (SB) 1162 into law. SB 1162, effective January 1, 2023, imposes new record-keeping, disclosure, and data reporting requirements for job pay scales and pay data.

Read More