EdLawConnect Blog

Recently the U.S. Supreme Court denied review of a significant Third Circuit Court of Appeals decision involving breast-cancer awareness bracelets worn by middle and high school students around the country. The bracelets bear the message “I ♥ boobies! (KEEP A BREAST),” which some school administrators and teachers consider inappropriate. In B.H. ex rel. Hawk v. Easton Area School District (3d Cir ...

If you did a double-take when you read the title of this post, or re-read it to make sure you saw what you thought you saw, you are probably not alone. But it is accurate: on February 27, 2014 the Ninth Circuit Court of Appeals concluded that high school administrators did not violate the constitutional rights of students when it required them to turn their American flag shirts inside-out or go home for the remainder ...

In September 2012, the California Legislature passed Assembly Bill (“AB”) 2109, requiring additional documentation to exempt a student from vaccination requirements.  AB 2109 amended California Health & Safety Code section 120365, pertaining to immunization exceptions.

The vaccinations required for California K-12 school admission are set forth in Health and Safety Code section 120325 et seq.  ...

The Governor and Legislature kept busy in 2013 enacting new or amended laws that affect employment in California. Most of the new laws provide additional protections for employees. Public and private employers alike should take note of the changes for 2014:

Criminal Background Checks

Assembly Bill 218 applies to government agencies, not private employers. Starting July 1, 2014, it prohibits state and ...

On October 2, 2013, Governor Jerry Brown signed Assembly Bill 652 into to law which clarifies the reporting requirements under the Child Abuse and Neglect Reporting Act.  Specifically the bill states, “the fact that a child is homeless or is classified as an unaccompanied minor…is not, in and of itself, a sufficient basis for reporting child abuse or neglect.”

AB 652 applies the federal definitions of ...

On August 12, 2013, Governor Jerry Brown signed Assembly Bill 1266 into law. AB 1266 provides transgender students have a legal right to access sex-segregated facilities and activities consistent with their gender identity. The bill amends California Education Code section 221.5 to include, at subdivision (f):

A pupil shall be permitted to participate in sex-segregated school programs and activities ...

On March 1, 2013, deep cuts to the federal budget will take effect. These cuts, known as “Sequestration,” will result in $1.2 trillion in federal spending cuts over the next 10 years. Approximately half of the cuts will be made to the Department of Defense and half will be made through cuts in domestic discretionary spending programs. Although some commentators have noted that school districts have more time than other agencies to brace for the impact of Sequestration — because the impact would not occur until July 1, 2013 — we have all become familiar with the reality that potential cuts beginning July 1 require preliminary action in the spring.

On September 27, 2012, Assembly Bill 1844 was signed into law. The bill—now codified in Labor Code section 980—prohibits employers from requiring or requesting an employee or applicant to disclose a personal social media page. The statute defines “social media” as “an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video ...

Earlier this month the U.S. Supreme Court declined to hear two sexual harassment cases of interest to school districts nationwide: (1) a case involving allegations of sexual harassment brought by a student against a teacher, and (2) a case involving allegations of sexual harassment brought by a teacher regarding the harassing conduct of a student.

In Jane Doe v. Willits Unified School District et al., an ...

In another blow to California school employers, a Court of Appeal has ruled that in a certificated dismissal or suspension proceeding, the employee is entitled to an award of expenses and attorney’s fees if the district withdraws its accusation against the employee after deciding to proceed to hearing, but before the hearing starts. The ruling clarifies that where an accusation is withdrawn it necessarily follows that the Commission on Professional Competence rule that the employee “should not be dismissed or suspended” within the meaning of Education Code section 44944(c)(1). Such a ruling entitles the employee to all expenses incurred defending against the accusation, including attorney’s fees.