CHALLENGE TO CALIFORNIA’S K-12 MASK MANDATE DISMISSED
On November 12, 2021, San Diego Superior Court Judge Cynthia A. Freeland dismissed a lawsuit brought by two parent groups, Let Them Breathe and Reopen California Schools (“Plaintiffs”), challenging California's K-12 mask mandate. The dismissed lawsuit challenged the mask mandate contained...
OSHA Issues Emergency Temporary Standard on Vaccination and Testing
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) regarding employee COVID-19 vaccination and testing. The ETS applies to all employers that employ 100 or more employees, both private and public employers (with limited e...
National School Lunch Week
The National School Lunch Program (NSLP) serves low-cost or free lunches to nearly 30 million children every school day. The NSLP was established by President Harry Truman in 1946. President John F. Kennedy created National School Lunch Week (NSLW) in 1962 to promote the importance of a health...
GOVERNOR NEWSOM SIGNS SB 169 AND ESTABLISHES THE HIGHER EDUCATION STUDENT HOUSING GRANT PROGRAM
On September 23, 2021, Governor Newsom signed SB 169, the higher education budget trailer bill. SB 169 includes the creation of a new, three-year state student housing program – the Higher Education Student Housing Grant Program (“Program”) – designed to provide one-time grants for the const...
California Becomes the First State to Mandate COVID-19 Vaccines for Kids 12 and Up
On October 1, 2021, Gov. Gavin Newsom announced a COVID-19 vaccine mandate for students ages 12 and older. This makes California the first state in the nation to require students to be fully vaccinated against COVID-19 for in-person instruction. Similar mandates from the state's largest dist...
Under the Ralph M. Brown Act a memorandum placed in the county clerk’s office is not “available for public inspection” at a time when the clerk’s office is closed for business.
The California Court of Appeal in Sierra Watch v. Placer County, et. al (Aug. 24, 2021, No. C087892) recently held that under the Ralph M. Brown Act, a memorandum placed in the county clerk's office is not “available for public inspection” at a time when the clerk's office is closed. In Sierra W...
Fall Welcomes New Changes
Fall Welcomes New Changes As most schools are back in person for the fall, this year will bring continued and additional changes for many of our clients. Parker & Covert welcomes many changes this fall as well. Attorney Stacy L. Toledo has been promoted to partner. Stacy will continu...
Funding Applications for CA Schools Healthy Air, Plumbing, and Efficiency Program (CalSHAPE)
Assembly Bill 841 authorized the California Energy Commission to design, administer, and implement the California Schools Healthy Air, Plumbing, and Efficiency Program (CalSHAPE). The CalSHAPE Plumbing Program provides grants to local educational agencies to replace noncompliant plumbing fixtures...
U.S. DEPARTMENT OF EDUCATION EMPHASIZES IMPORTANCE OF IDEA DURING PANDEMIC AND ISSUES NEW Q&As REGARDING CHILD FIND OBLIGATIONS
On August 24, 2021, the United States Department of Education's (“Department”) Office of Special Education and Rehabilitative Services (“OSERS”) issued a letter acknowledging that children with disabilities and their families have been disproportionately affected by the pandemic compared to the...
Mandatory COVID-19 Vaccination Policies Gain Support
As schools and colleges prepare to open their campuses for the coming school and academic year, mandatory COVID-19 vaccination policies are being implemented with increasing frequency. These policies are prompted not only by an increase in COVID-19 cases across California, specifically due to the...
OCR CLARIFIES THAT TITLE IX PROTECTS STUDENTS FROM DISCRIMINATION BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY
The United States Education Department's Office for Civil Rights (“OCR”) issued a Notice of Interpretation on June 16, 2021 to make clear that the Department interprets Title IX to prohibit discrimination based on sexual orientation and gender identity. Title IX prohibits discrimination on the...
Three Main Practices to Establish When Responding to a Public Records Act Request
Because of the breadth of records that can be requested and the right of the public to inspect records, PRA requests can be challenging to respond to in an organized and efficient manner. Included in this post are three tips to make the process more straightforward, organized, and efficient, producing a better result for both the requester and the public entity.
Celebrating Teacher Appreciation Week: Attorney Precious D. Edem Pays Tribute to two Amazing Teachers.
The summer before the fourth grade, I went on a family trip and became very sick. This required me to miss the first three months of the fourth grade. My parents were very concerned about my health. I, on the other hand, cared more about the possibility of repeating the fourth grade. Thankfully, ...
Celebrating Teacher Appreciation Week: Attorney Maryela Martinez Pays Tribute to an Unforgettable Teacher
I did not speak a word of English when I arrived in the United States from Cuba in November 1980. I was eight years old, in the fourth grade, and completely frustrated by my inability to communicate. School had always been very important to me and something I really loved, but no longer. Thing...
U.S. Department of Education Announces Funding Opportunity for Community Colleges
The U.S. Department of Education announced a new funding opportunity for Community Colleges. The Supplemental Assistance to Institutions of Higher Education (SAIHE) program supports institutions of higher education (IHEs) with unmet needs related to recovery from disruptions in the finances, da...
Meet the Attorneys of Parker & Covert LLP at the CASBO Annual Conference - April 7 and 8
We look forward to seeing you this week at California Association of School Business Officials (CASBO) Annual Conference, to be held online from April 7 to 8, 2021. Attorneys from Parker & Covert LLP will be available to meet with you live on Zoom during the Group 3 School Business Expo on Wedne...
California Adopts CDC-Advised Physical Distancing Requirements in K-12 Schools
On Saturday, March 20, 2021, the California Department of Public Health (“CDPH”) adopted the federal guidelines of the Center for Disease Control and Prevention (“CDC”) regarding physical distancing in K-12 schools. Students in California classrooms can sit 3 feet apart instead of 6 under ne...
CDC Updates Physical Distancing Requirement in K-12 Schools to 3 Feet in Classroom Settings
On Friday, March 19, 2021, the Centers for Disease Control and Prevention (“CDC”) announced updated guidance regarding physical distancing requirements in K-12 school districts. The CDC now recommends a minimum of 3 feet physical distancing in classroom settings for all elementary school stude...
Senate Bill 95 Provides Extension of COVID-19 Sick Leave
On Friday, March 19, 2021, Governor Newsom signed into law Senate Bill 95 (“SB 95”), which provides up to 80 hours of paid sick leave to employees who are unable to work for reasons related to COVID-19. SB 95 will become effective on March 30, 2021 and will apply retroactively from January 1...
Recent Court of Appeal Decision Clarifies the Scope of Reasonable Accommodation and Interactive Process Claims under the Fair Employment and Housing Act
On November 30, 2020, the California Court of Appeal in Shirvanyan vs. Los Angeles Community College District (2020) 59 Cal. App. 5th 82 [Shirvanyan] held that to succeed on a claim for failure to engage in an interactive process under the Fair Employment and Housing Ac ("FEHA"), an employee is r...
Visit the Parker & Covert LLP Virtual Booth at the CASBO Annual Conference - April 7 and 8
Registration is now open for this year's California Association of School Business Officials (CASBO) Annual Conference, to be held online from April 7 to 8, 2021. Don't forget to check out the School Business Expo during the Conference and visit Parker & Covert's virtual booth! More details on ...
California Court of Appeal Upholds Enforceability of Job Order Contracts for Certain School Districts
California Public Contract Code sections 20919.20 through 20919.33 provide that certain school districts may utilize job order contracts (“JOC”), an alternative and optional project delivery method, to carry out their public works projects. Only school districts that have entered into a project ...
President Biden's Executive Orders to Coincide with International Women’s Day
On March 8, 2021, President Biden issued two Executive Orders to coincide with International Women's Day. In a statement, President Biden said: “In our nation, as in all nations, women have fought for justice, shattered barriers, built and sustained economies, carried communities through tim...
California Assembly Bill 84: Proposed Expansion of COVID-19 Sick Leave
The California Legislature is considering reinstating and extending the Federal COVID-19 Supplemental Paid Sick Leave policies that expired on December 31, 2020. Last year the Federal Families First Coronavirus Response Act (“FFCRA”) created two leave policies specific to COVID-19 related absenc...