EdLawConnect Blog

When educational institutions first embraced technology, a boilerplate Acceptable Use Policy (“AUP”) was generally sufficient to address many concerns about inappropriate behaviors, user expectations, system ownership, and electronic communications. In order to secure funding and grants, most institutions timely implemented an AUP and moved onto other more pressing issues. As technology ...

When Governor Jerry Brown signed SB 1404 into law on September 29, 2012, the Civic Center Act (Education Code section 38130 et seq.) was amended to expand the definition of direct costs that a school district governing board may charge for use of its school facilities or grounds. The amendment also removed language that limited the requirement to allow use to “when an alternate location is not available.” ...

The United States Citizenship and Immigration Services (“USCIS”) introduced a new Form I-9 on March 8, 2013, for immediate use. The new form, which is identified with “version (Rev. 03/08/13)” in the lower left corner, features several new revisions:

• Expands the form from one page to two pages. The first page is to be completed by the employee, the second by the employer.

• Asks for employee ...

California community colleges are required to admit any California resident with a high school diploma.  But what if an applicant has been expelled or faces expulsion proceedings from another district for violent acts? Could such an applicant simply re-enroll in a neighboring district?  A new law, effective January 1, 2013, allows a district to deny admission, after holding a hearing to determine whether the ...

On Wednesday, February 20, 2013 the United States Third Circuit Court of Appeals heard oral argument in a case concerning whether or not the Easton Area School District may ban middle school students from wearing bracelets with the slogan “I ♥ Boobies! (Keep a Breast)” and similar statements.

Relying on the Supreme Court cases outlining students’ First Amendment rights to freedom of speech in ...

Over the past decade there has been a marked increase in the use of technology in education.  From the “early” days when schools began incorporating desk-top computers into the classroom, to the prevalence of laptop use by students and teachers, to the emergence of a variety of mobile devices in school contexts, the expansion of equipment and software adapted for educational purposes has been dramatic.

On ...

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.

Proposition 39, which passed on the November 2012 ballot, has garnered a lot of interest for its provision to funnel about $500,000,000 a year into energy conservation projects for public education over each of the next five years.  Unfortunately, the enthusiasm has gotten a little ahead of implementation – which looks like it will take a while.

Prop 39 essentially applies to out-of-state businesses the ...

A new year often presents a suitable opportunity to review important employment policies. Although policies concerning the “acceptable use of electronic resources” were a novelty only a decade ago, they have now become so common that employers may neglect to review them from time to time to be sure they are still current. A policy written in 2005 could be out of date if it does not accommodate advances in ...

Legal challenges of affirmative action, and of affirmative action bans, in public higher education continue to occupy the courts.  In 2012, the federal courts gave conflicting rulings on the constitutionality of affirmative action bans enacted by California and Michigan, and the Supreme Court has been asked to give the final say.

Proposition 209, approved by California voters November 1996, added Article ...