Back to School: Is Your Staff Trained to Deal with Student Emergency Medical Issues?

SB 161 (Education Code section 49414.7), which became effective on January 1, 2012, authorizes non-medical school employees with voluntary emergency medical training to provide, in the absence of a credentialed school or licensed nurse, emergency medical assistance to students with epilepsy who are suffering from seizures.  This law also applies to charter schools.

The California Department of Education ("CDE") was required to post guidelines on the implementation of SB 161 by July 1, 2012, but was unable to fulfill this requirement through the normal rulemaking process.  In the mean time, the CDE has posted Emergency Regulations, which are currently in effect.  Additionally, FAQs regarding SB 161 are posted on the Department of Education's website here.  More information from the CDE on SB 161 and its implementation can be accessed here.

On a related note, Education Code section 49414.5 permits non-medical school employees with voluntary emergency medical training to provide emergency care to students with diabetes who are suffering from severe hypoglycemia.

Meghan Covert Russell

AB 2537: An Assembly Bill aims to tackle California’s high rate of suspension in schools by reducing the number of offenses which warrant automatic suspension

Assemblyman Manuel Perez has introduced AB 2537 to reduce the number of suspensions handed out in Californian schools by removing some categories of automatic suspension. Currently students are automatically suspended for carrying firearms, explosives or knives, sexually assaulting someone or selling drugs. If AB 2537 becomes law then only the carrying of firearms or knives will warrant an automatic suspension. Disciplinary action for the other offenses would be left to the discretion of the school concerned.

The bill will also remove the requirement for school principals to report illegal activities to law enforcement authorities. Furthermore, the bill will prohibit school boards from expelling students unless ‘other means of correction are not feasible or have repeatedly failed to bring about proper conduct.’

The bill is being introduced to tackle the large number of schoolchildren in California who receive a suspension during the school year. In the 2009-2010 school year 7% of all children received at least one suspension.

For the entire text of AB 2537 click here.

Sirenia Jimenez, summer associate

Second Circuit Says Cheerleading Isn’t a Sport

The Second Circuit Court of Appeals has ruled that competitive cheerleading isn’t a sport. In doing so, the federal court of appeals upheld a 2010 lower court decision, Biediger v. Quinnipiac Univ., where a women’s volleyball team of Quinnipiac University sued in an effort to stop the school from dissolving the team. The team alleged Title IX violations, which requires schools to afford equal participation opportunities in varsity sports to female students. Quinnipiac claimed that it made up the loss of the volleyball team with opportunities in other sports, including more than two dozen positions on the school’s cheerleading team. The courts had to decide whether cheerleading qualified as sport under Title IX.  The answer, for now, is no.

The Second Circuit stated in its decision:

"[W]e acknowledge record evidence showing that competitive cheerleading can be physically challenging, requiring competitors to possess “strength, agility, and grace.”  Similarly, we do not foreclose the possibility that the activity, with better organization and defined rules, might some day warrant recognition as a varsity sport. But, like the district court, we conclude that the record evidence shows that that time has not yet arrived."

For the entire opinion click here.

Sirenia Jimenez, summer associate

Physical Fitness = Mental Fitness?

A study recently presented at the American Psychological Association's (APA) 120th Annual Convention points to evidence that physical fitness is correlated with better academic performance.  The study found that cardiorespiratory fitness had an impact on middle school boys' and girls' reading and math test scores.

It wasn't just physical fitness that impacted test scores either.  The study also determined that social support was related to higher reading scores for boys.

As educators are well aware, students' academic performance is affected by all areas of children's lives, ranging from physical fitness to emotional well-being.  Encouraging physical fitness is important in our schools, not only for the physical health of our children, but also for their academic performance 

For more information, please visit the American Psychological Association's briefing here.

Meghan Covert Russell

Brown Act Refresher: Serial Meetings

There are so  many complex ins and outs to the law, that's why we've decided to start posting "Refreshers" on some of the most common laws that school districts encounter, including the Brown Act, the California Public Records Act, conflicts of interest, discipline/dismissals, and leave.  These posts are intended to draw your attention to provisions of the law that might be overlooked or forgotten -- sometimes we just need a little refresher!

Brown Act Mistake: Using email to debate rather than update.

Why This Is A Problem: Using email communication to debate an issue, rather than discussing the issue in open (or closed) session, may constitute a serial meeting.  Serial meetings are a series of communications, each of which individually involves less than a quorum, but when viewed as a whole, involve a majority of the board's members.  Serial meetings can be done in person, over the phone, or via email communication.  Serial meetings violate the Brown Act if they are done for the purpose of developing a concurrence as to action to be taken, including discussing or debating issues.  The intent of the Brown Act is for board deliberation and action to be taken openly, and serial meetings violate this goal of transparency.

Brown Act Solution: Email should be used to update board members, but should never be used to discuss or debate issues.  Discussion meant to develop a concurrence should instead be made in an open meeting (or closed session when legally appropriate).

Meghan Covert Russell

Public Records Act Refresher: Records Requests

There are so  many complex ins and outs to the law, that's why we've decided to start posting "Refreshers" on some of the most common laws that school districts encounter, including the Brown Act, the California Public Records Act, conflicts of interest, discipline/dismissals, and leave.  These posts are intended to draw your attention to provisions of the law that might be overlooked or forgotten -- sometimes we just need a little refresher!

The California Public Records Act ("CPRA") (Government Code section 6250 et seq.) states that the public is entitled to inspect or obtain copies of identifiable public records.  The intent of the CPRA is to provide the public with access to information.  Requests for documents do not have to be made in writing; requests may be made orally.  The public agency is required, to the extent reasonable under the circumstances, to assist the public in making a focused and effective request for identifiable records.  This may include confirming the request in writing in order to clarify the request and eliminate any confusion about what is being requested. 

Meghan Covert Russell

AB 1732: Clarification of Cyberbullying Law

AB 1732, which was chaptered on July 23, 2012, clarifies existing law related to disciplining a student for cyberbullying.  Current law (Education Code 48900) outlines the requirements for suspending or expelling students, including discipline for bullying.  Bullying is defined as "any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, which includes, among other tings, a post on a social network Internet Web site, and including one or more acts, as specified, committed by a pupil or group of pupils, directed toward one or more pupils that has or can be reasonably predicted to have one or more specified effects."  AB 1732 identifies specific conduct that constitutes "a post on a social network Internet Web site," including creating a credible impersonation of a student and/or creating a false profile online (also known as a "burn page").  AB 1732 also notes that an electronic act does not become "pervasive conduct" merely on the basis that it has been transmitted or posted on the Internet.

For the entire text of AB 1732 click here.

Meghan Covert Russell