Legal Updates

Legal Update Memo No. 32-2020(CC) – Youth Under Eighteen Entitled to Legal Consultation Prior to Custodial Interrogation by Law Enforcement Officer (CCD)

Effective January 1, 2021, Senate Bill (“SB”) 203, will require that prior to custodial interrogation by a law enforcement officer (including a school resource officer) and prior to a waiver of any Miranda rights, a student under eighteen years of age must be allowed to consult with legal counsel (which can be in person, by telephone, or by video conference) and the consultation may not be waived.

Legal Update Memo No. 62-2020 – Youth Under Eighteen Entitled to Legal Consultation Prior to Custodial Interrogation by Law Enforcement Officer (K-12)

Effective January 1, 2021, Senate Bill (“SB”) 203, will require that prior to custodial interrogation by a law enforcement officer (including a school resource officer) and prior to a waiver of any Miranda rights, a student under eighteen years of age must be allowed to consult with legal counsel (which can be in person, by telephone, or by video conference) and the consultation may not be waived.

Legal Update Memo No. 61-2020 – Court of Appeal Upholds Certificated Employee’s Dismissal over Facebook Comments (K-12)

On August 11, 2020, the Court of Appeal upheld a certificated employee’s dismissal for Facebook comments considered derogatory to students of color and immigrants, which were deemed “immoral,” rendering her “unfit to teach.” (Crawford v. Commission on Professional Competence of the Jurupa Unified School District (2020) 53 Cal.App.5th 327.)

Legal Update Memo No. 60-2020 – New Special Education Guidance (K-12)

On September 30, 2020, the California Department of Education (“CDE”) released new guidance (“Guidance”) related to the provision of supports and services to students with disabilities during the COVID-19 pandemic. While the Guidance addressed cohorts, distance learning, assessments, drafting emergency conditions offers in IEPs, and the social emotional wellness of students, this brief legal update highlights some of the more informative components of the Guidance.

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