New Education Laws for 2023
With a new year comes new California laws impacting education. These laws encompass a wide range of issues such as special education, student health, and pupil safety. Below is a summary of five important new …
Teachers, Service Providers and Others Have a Right to Advocate for Students with Disabilities
California Education Code Section 56046 (“Section 56046”) is a rarely discussed statute with powerful implications. Section 56046 prohibits local educational agencies (LEAs) from intimidating or retaliating against various school employees and contractors for advocating or …
Top Six Back to School Tips for Administrators and Teachers
As the excitement of the 2021-2022 school year fast-approaches, some uncertainty still lingers as teachers and administrators continue to navigate educating students in the face of the COVID-19 pandemic and ever-changing rules and regulations. Here …
Recent Court Rulings Address Applicability of COVID-19 Regulations
On February 25, 2021, a San Francisco Superior Court issued a ruling authorizing Cal/OSHA to continue to enforce its Emergency Temporary Standard Regulations (“ETS Regulations”). This ruling was one of a few such rulings testing …
Governor Newsom Releases Safe Schools for All Plan
On December 30, 2020, Governor Newsom released a framework for bringing students back to school for in-person instruction. According to the Governor, “Developed in partnership with the Legislature, the Administration’s plan focuses on ensuring careful …
Education Omnibus Budget Trailer Bill Makes Changes to Special Education
Summary: Senate Bill (SB) 98, the education omnibus budget trailer bill, which was chaptered on June 29, 2020, makes several changes to the laws governing the provision of special education to children in California in …
Court Grants Extension to Serve Lawsuit on a District Due to COVID-19
Summary: On May 6, 2020, the U.S. District Court, Eastern District of California granted a student’s request for a 60-day extension of time to serve a peer harassment lawsuit on a school district. Facts: On …
Why You Should Care About The Duty of Care
Summary: Although there is no specific statute or case law which explicitly requires school staff to physically intervene to prevent students from harming themselves or others, they may be obligated to do so given the …
State Legislature Makes Changes to Home-Hospital Instruction for Students with Temporary Disabilities
Summary: On January 1, 2019, Assembly Bill 2109 took effect, making several changes to the laws governing home-hospital instruction for students with temporary disabilities. According to the bill’s author “Unfortunately, unclear statutes have led some …