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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.

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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.

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NCAA Requires Member Schools to Collect Discipline Records from Athlete's Prior Schools

At the beginning of the 2022-23 school year, the National Collegiate Athletic Association (NCAA) Board of Governors' Policy on Campus Sexual Violence (Policy) went into effect.

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Ninth Circuit Clarifies How to Analyze Academic Benefit for "Least Restrictive Environment" Purposes Under the IDEA

A recent decision from the Ninth Circuit Court of Appeals held that a school district's proposed individualized education program (IEP) violated the Individuals with Disabilities Education Act (IDEA) because it required a student to spend over half of his day in a special education classroom, when his parents believed he should spend most of his day in general education.

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New Excused Absence for Student Participation in Political or Civic Event and Other School Calendar Updates

There have been several recent updates regarding authorized student absences and school calendars.

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Legislative Update: New Requirements for COVID-19 Testing Plans and New Rules for Supplemental Vision Services for Students

Two important bills, Senate Bill (SB) 1479 and Assembly Bill (AB) 2329, signed by Governor Newsom in September 2022, require school districts, county offices of education, and charter schools to have a plan for COVID-19 testing in schools and authorize local educational agencies (LEAs) to provide supplemental vision services for students, in addition to those already required by law.

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District Court Rules College Policy Prohibiting "Inappropriate or Offensive" Student Postings May Violate Students' Free Speech Rights

The United States District Court for the Eastern District of California issued a preliminary injunction preventing a community college from enforcing a policy that prohibited student posted material that was "inappropriate" or "offensive."

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Ninth Circuit Upholds Student Discipline for Social Media Posts

In Chen v. Albany Unified School District (9th Cir. 2022) 56 F.4th 708, a panel of Ninth Circuit judges agreed with a lower court ruling that the school district's decision to discipline students who created and commented on racist social media posts attacking classmates and school staff did not violate those students' free speech rights when those off-campus posts circulated among other

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Ninth Circuit Holds Four-Month Delay in Autism Assessment Plan was not a Violation of IDEA

In its recent opinion in D.O. v. Escondido Union School District (9th Cir. Jan. 31, 2023, No. 21-55498), the Ninth Circuit Court of Appeals reversed a federal district court and determined a four-month delay in proposing to assess a student for autism was neither a procedural nor substantive violation of the federal Individuals with Disabilities Education Act (IDEA).

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