Legal Updates

Legal Update Memo No. 21-2021- CDPH Updates Its K-12 Schools Guidance (K-12)

In response to the Center for Disease Control’s (“CDC”) July 9 updated K-12 schools’ recommendations, the California Department of Public Health (“CDPH”) issued updated K-12 Schools Guidance on July 12, 2021, which generally required masking indoors. In response to backlash, on July 12, the CDPH issued a notification on Twitter that “California’s school guidance will be clarified regarding masking enforcement”. Pending that clarification, the remaining guidance is effective immediately.

Legal Update Memo No. 20-2021- Education Budget Bill AB 130 Enacted (K-12)

This Legal Update summarizes important changes made by Assembly Bill 130 (“AB 130”), signed into law on July 9, 2021. “Including federal funding, the California Department of Finance is estimating per-pupil spending will average about $21,000 per student in 2020-21. That will likely place California above the national average for the first time in decades[.] For districts with high concentrations of low-income students, who qualify for extra Local Control Funding Formula [“LCFF”] and federal Title I money. . . .funding could approach that of top-spending states like Massachusetts.” For the most part, this Legal Update does not address specifics regarding fiscal allocation, just substantive changes in the law.

Legal Update Memo No. 19-2021- U.S. Supreme Court Issues Decision on On-Line and Off-Campus Student Speech (K-12)

On June 23, 2021, the United States Supreme Court issued a decision in Mahanoy Area School District v. B.L. This case focused on the authority of a school district to suspend a cheerleader from her cheerleading squad based on her use of profanity in a social media post that was critical of the school district and the cheerleading team, which she posted off-campus on a Saturday, while not engaged in a school-related activity.

Legal Update Memo No. 18-2021- Assembly Bill 104: Pupil Retention, Pass/No Pass Option, and Reduced Graduation Requirements for the 2020-2021 School Year (K-12)

Assembly Bill (“AB”) 104, signed into law by Governor Newsom on July 1, 2021, became effective on signature. AB 104 is intended to address concerns regarding retention, grades, and graduation requirements deemed necessary because of the COVID-19 pandemic’s impact on education. AB 104 has three main components, each of which apply to all school districts, county offices of education, and charter schools:

Legal Update Memo No. 12-2021(CC) – Cal/OSHA Guidance Harmonized with Other State Laws, Orders and Regulations (CCD)

While the Governor and the State of California’s Department of Public Health (“CDPH”) loosened restrictions related to protections from COVID-19 due to reduced cases and vaccinations, Cal/OSHA regulations, which were stricter than other guidance received from the State, remained out-of-sync. On June 17, 2021, Cal/OSHA revised its regulations related to emergency temporary standards for COVID-19 Prevention to conform with the new CDPH guidance.

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