"If you think education is expensive--- try ignorance."
Marko H. Fong
On January 25, 2013, the United States Department of Education’s Office for Civil Rights (OCR) released guidance that significantly expands expectations for students with disabilities about participating in extracurricular sports. OCR is taking the position that, under Section 504 of the 1973 Rehabilitation Act (Section 504), schools not only must provide students with disabilities any needed aids and services to participate in existing district-sponsored extracurricular sports, it is also calling for districts to develop additional extracurricular activities for students with disabilities who are unable to participate in existing extracurricular sports. The guidance applies to all school-sponsored extracurricular sports at all age levels and all levels of competition or participation.
Carl D. Corbin
A number of legislative bills (including SB 1568, AB 1712, and AB 1909) regarding foster children/students were signed into law by the Governor and became effective on January 1, 2013. This Legal Update will summarize the new legislation.
Carl D. Corbin
A number of legislative bills were proposed in the last legislative term regarding student discipline, some of which the Governor vetoed and some of which were signed into law. This Legal Update summarizes the two most important student discipline bills approved by the Governor on September 21, 2012 – Assembly Bill (“AB”) 1729 and AB 2537. The changes in both AB 1729 and AB 2537 become effective on January 1, 2013.
Kristina Jansen or Loren Soukup
It has recently come to our attention that the ACLU of California (ACLU) has issued a report regarding students’ rights in the context of cell phone confiscation and searches. (Attached) The ACLU presents their opinion of the issue as well as a thorough discussion of the issue of cell phones and anecdotes of times when students’ cell phone privacy was not respected. The ACLU also provides sample cell phone policies for school districts to adopt. We have been asked by several districts to review this information packet and provide a response.
Kristina Jansen & Carl Corbin
On December 29, 2011, the Office of the Attorney General (“AG”) issued an opinion in regards to the disclosure requirements and liability for School Counselors, and the employing District, in dealing with pregnancy and abortion related information. This is vital information for School Counselors, as the AG is attempting to clarify an issue that is not only of an intensely personal and sensitive nature, but also gives direction in an area where the law was not clear. In fact, your attorneys here at School and College Legal Services of California provided input to the AG as part of the development of the AG’s opinion. AG opinions are not given the full force of law, but the courts will consider the AG’s opinion if and when these issues arise in the court system. This Legal Update will summarize this issue through a question and answer format.
Carl D. Corbin, Assistant General Counsel, firstname.lastname@example.org
Our office is regularly asked questions about the responsibility of a school district to provide accommodations/services, such as a 1:1 aide, to a student with a disability in an after-school program (such as child care, homework club, sports, etc.). Districts must address the following three questions in order to determine a district's responsibility to provide accommodations/services in an after-school program or activity.