Education Law

Educational institutions, like any public agency, are challenged to operate under applicable federal, state and local laws with scarce resources and support. They are set apart, though, from typical government organizations, having the charge to educate and nurture students while complying with strict regulations. From establishment through  day-to-day operations and growth, many of the issues they face require experienced and knowledgeable counsel to resolve.
 
Best Best & Krieger LLP provides comprehensive, cost-effective legal solutions for public and private K-12 schools, school districts, county offices of education, community colleges and universities, special education local plan areas and education foundations. We partner with our educational clients, listening carefully to the issues and working collaboratively to develop practical and legal options and solutions.
 
Whether it be advising on special education, student affairs,  charter schools issues, personnel or construction and facilities matters, BB&K’s Educational Law group is there to help.
 
Comprehensive, Cost-Effective Strategic Counsel
As a full-service firm, our educational clients benefit from our cross-disciplinary approach to service. Our education attorneys work closely with members of our highly regarded real estate, environmental, municipal and telecommunications practices. We regularly provide our clients with a wide variety of services, including:


We assist in drafting policies and procedures, offer customized training programs to help manage risk, and advocate our clients’ interests before governing bodies and in court. We stay current on the latest issues, trends and legal developments, analyzing their implications and strategizing with clients to resolve matters before legal problems ensue.

When litigation proves necessary or is the best course of action, BB&K lawyers vigorously represent clients at the state and federal levels, including in appellate courts. We also represent our school district clients in mediations and settlement conferences.
 
Industry Leaders
BB&K lawyers are active in many education-related professional organizations, including the Coalition of Adequate School Housing, California Association of School Business Officials, California Council of School Attorneys, the California and National school boards associations and the National Organization for Legal Problems in Education. Members of our team regularly present at conferences sponsored by the Association of California School Administrators, the Small School District Association and other education-related organizations.

Election Law Resource Center

Election Law Resource Center

BB&K’s Election Law Resource Center gives California cities the Vote of Confidence they need to ensure legal compliance with all aspects of local elections. This unique service includes:

  • A digital copy of BB&K’s Election Law Toolkit
  • ​Email and telephone hotline

Areas of Focus: Business | Labor & Employment
Areas of Focus: Education Law | Public Finance
Areas of Focus: Business Services & School Facilities | Municipal Law | Public Finance | School Finances, Developer Fees & Mitigation
Areas of Focus: Economic Development, Real Estate & Affordable Housing | Election Law | Government Policy & Public Integrity | Public Contracts & Construction
Areas of Focus: Board Governance & Administration | Business Services & School Facilities | Charter Schools | Education Law | Education Litigation | Special Education
Areas of Focus: Business Services & School Facilities | Municipal Law | Public Agency Litigation | Public Contracts & Construction | Special Districts
Areas of Focus: Environmental Law & Natural Resources | General & Special Counsel | Local Agency Formation Commission (LAFCO) | Municipal Law | Public Contracts & Construction | Special Districts
Areas of Focus: Environmental Law & Natural Resources | Municipal Law | Special Districts | Transportation
Areas of Focus: Fees, Taxes & Assessments | General & Special Counsel | Municipal Law | Public Finance
Areas of Focus: Business Services & School Facilities | California Public Records Act | Education Law | Public Contracts & Construction
Legal Alerts Mar 22, 2021

Are Virtual Public Meetings Here to Stay?

Three New Bills Could Make Permanent Changes to Public Meetings

Legal Alerts Mar 11, 2021

COVID-19 Relief Package Provides Substantial Aid to States, Counties and Cities

$1.9 Trillion COVID-19 Federal Relief Package – American Rescue Plan Act

Free Webinar Feb 18, 2021

2021 Public Records Act Legislative Update

BB&K Free Webinar

Press Releases Feb 10, 2021

BB&K Announces Election Law Practice Expansion and New Client Services

A “Toolkit” and Hotline Among New Offerings

Event Feb 03, 2021

Every Child Counts: The Latest in Student Services and Special Education

2021 Association of California School Administrators' Every Child Counts Symposium

Legal Alerts Feb 03, 2021

Court Provides Guidance in Applying “Racially Polarized Voting” Analysis to a California Voting Rights Act Challenge

Court of Appeal Decision in Yumori-Kaku et al. v. City of Santa Clara

Authored Articles & Publications Feb 01, 2021

Frequently Asked Questions About New Social Media and Open Meeting Laws

BB&K’s HongDao Nguyen and Albert Maldonado Answer Public Officials’ Questions on AB 992 on the CSDA Blog

Press Releases Jan 28, 2021

ARC: Advanced Records Center’s Christine Wood Named a Top Minority Attorney by L.A. Business Journal

A Trusted Advisor in the Business of Public Service

Legal Alerts Jan 25, 2021

Redistricting in California

What Public Agencies Must Know Ahead of the U.S. Census Bureau’s Data Release

Authored Articles & Publications Jan 20, 2021

Public Record Costs

Director of PRA Services and e-Discovery Counsel Christine Wood Discusses National Lawyers Guild v. City of Hayward in Sacramento Magazine

Legal Alerts Jan 19, 2021

Elected Officials Entitled to Some, Not All, Public Agency Records

Access Depends on if Record Request is from “Elected Official” or “Member of the Public”

Legal Alerts Jan 14, 2021

Wage & Hour, Leave and Other New Laws for California Employers

Part 2: New Labor & Employment Laws for Businesses and Public Agencies in 2021

Legal Alerts Jan 13, 2021

COVID-19 Laws Impacting California Employers

Part 1: New Labor & Employment Laws for Businesses and Public Agencies in 2021

Legal Alerts Jan 07, 2021

California Public Records Act Update

New CPRA Case Law and Legislation for 2021

Legal Alerts Jan 06, 2021

Court Confirms FPPC's Authority to Punish Public Agencies That Spend Undisclosed Public Money to Influence Voters at Elections

California Trial Court Rules on Campaign-Related Public Spending

Legal Alerts Jan 06, 2021

New Laws for 2021

Bills and Court Decisions Impacting Public Agencies and Businesses in the New Year

Legal Alerts Jan 05, 2021

New Public Agency Laws on Safety, Finance, Contracting and More

Part 1: New Laws Impacting California Public Agencies for 2021

Legal Alerts Dec 17, 2020

Taxpayer Actions Can be Used to Challenge Government Contracts Even After Contract Completion

California Court of Appeal Decision in School District Case Applies to Public Agencies

Legal Alerts Dec 16, 2020

New Surplus Land Act Requirements to Take Effect Jan. 1

California Public Agencies Impacted by AB 1486 Mandates

BB&K Webinar Nov 18, 2020

Comments, Likes and Emojis, Oh My! An Update on Evolving Social Media Law for Public Officials and Agencies

BB&K Free Webinar

Legal Alerts Nov 16, 2020

CPRA Requesters Could Pay Agency Costs to Store Emails

Requesters Must Post an Undertaking if Public Agency Will Suffer Certain Damages During Injunction Proceedings

Authored Articles & Publications Oct 20, 2020

Public Officials' New Social Media Open Meeting Law

California's AB 992 Analyzed in PublicCEO by BB&K's HongDao Nguyen and Albert Maldonado

BB&K Webinar Sep 30, 2020

Disclosure Obligations of Issuers in Public Offerings

BB&K Free Webinar

Legal Alerts Sep 30, 2020

DOL Clarified the Federal Family First Coronavirus Response Act

New Rules and a Court Decision Followed the FFCRA’s Passage

Press Releases Sep 28, 2020

Partner John E. Brown Receives James H. Krieger Meritorious Service Award

Riverside County Bar Association Honors Long-Term Community Service

Legal Alerts Sep 21, 2020

AB 992: Open Meeting Laws and Social Media

New California Law Addresses Prohibition on Serial Meetings on Social Media

Press Releases Sep 15, 2020

BB&K Receives High Ranks for Law Firm Diversity

Firm Leadership Renews Commitment to Supporting Diversity, Equity and Inclusion

Legal Alerts Sep 10, 2020

Critical Habitat Designation Regulation Change Proposed

U.S. Fish and Wildlife Services Proposes New Rule Regarding Exclusion of Lands from Critical Habitat for Federally Listed Species

Press Releases Sep 09, 2020

Rio Plaza Elementary Students Received Donated Backpacks Filled with Supplies

BB&K’s Annual Operation Backpack Help Students Learn at Home

Client Successes Aug 13, 2020

BB&K Wins Dismissal of Contaminant Exposure Lawsuit

Summary Judgment Granted to Public Agency Landlord

Press Releases Jul 31, 2020

San Diego Business Journal Top Law Firm 2020

BB&K Remains in the Top 25 of the Annual Ranking

Authored Articles & Publications Jul 27, 2020

The CCPA's Impact on Public Agencies

BB&K's Gregg Kettles Writes About the California Consumer Privacy Act in PublicCEO

Legal Alerts Jun 24, 2020

Coronavirus Relief Funds Can Be Used for FEMA Public Assistance Cost Share

Public Agencies Should Be Aware of Requirements

Press Releases May 20, 2020

Partner Joseph Sanchez Named a San Diego Top Attorney

Labor & Employment and Education Law Attorney Recognized by SD Metro Magazine

Legal Alerts May 12, 2020

California Applicant’s Briefings for COVID-19 FEMA Public Assistance Scheduled

Cal OES Providing Information via Live Webinars

BB&K Webinar Apr 22, 2020

Stormwater Permitting at Schools and Community Colleges

BB&K Free Webinar

Legal Alerts Mar 27, 2020

Third Federal Funding Bill Provides $2.2 Trillion for COVID-19 Impacts

The Legislation’s Key Provisions for Public Agencies and Local Governments

Event Feb 05, 2020

ACSA's 2020 Every Child Counts Symposium

Association of California School Administrators

Legal Alerts Jan 22, 2020

New Education Laws

Part 1: California Laws Impacting Schools and School Districts for 2020

BB&K In the News Dec 03, 2019

Illinois Bribery Scandal Draws Comparisons to Calif. Ethics Rules

BB&K's Gary Schons Interviewed by The Associated Press

Legal Alerts Dec 03, 2019

Single Contractor Not Precluded from Providing Both Design and Construction Services

Case Provides Valuable Guidance for Public Agencies Wanting One Contractor for Two Phases

Legal Alerts Oct 31, 2019

Reminder: New Federal 911 Law Goes Into Effect in February

Kari’s Law Sets New Requirements for Multi-Line Telephone Systems

Legal Alerts Oct 24, 2019

When Public Opinion Surveys Become Reportable Expenditures Under the Political Reform Act

FPPC Advises When Public Agencies Can Survey Voters and Disseminate Results

Legal Alerts Oct 15, 2019

Surplus Land Act Requirements Expand for Local Agencies

Part 2: New California Housing Laws

Press Releases Jul 08, 2019

BB&K Ranked No. 202 on NLJ Largest Law Firms

Growth Attributed to a Niche Public Law Focus and Great Results

Press Releases Jul 03, 2019

Partner Appointed to Calif. Judicial Selection Advisory Committee

Jack Clarke Will Advise Governor on Judicial Appointments

Press Releases May 28, 2019

BB&K Remains a Top 25 San Diego Law Firm

San Diego Business Journal’s 2019 Ranking

Press Releases May 13, 2019

BB&K One of 200 Largest Law Firms in the U.S.

Law360 Annual Ranking Reflects Firm’s Continued Recent Growth

Press Releases Mar 27, 2019

A Top Orange County Law Firm

BB&K Makes Top 40 on Orange County Business Journal List

BB&K In the News Feb 27, 2019

American Lawyer Discusses BB&K Growth Last Year

Firm Expands to Meet Client Demand

Event Feb 13, 2019

ACSA's 2019 Every Child Counts Symposium

Association of California School Administrators

Press Releases Oct 16, 2018

Best Best & Krieger Marks 25 Years in San Diego

Proud to Serve, and Grow With, Its Community

Jun 26, 2018

[WEBINAR] Do You Know the Way [After] San Jose?

BB&K Webinar

Press Releases Mar 30, 2018

BB&K Irvine Office Climbs Higher on Top Law Firms List

Firm Ranks No. 37 on Orange County Business Journal Annual List

Legal Alerts Dec 20, 2017

Dispute Over Lead Testing in School Drinking Water Continues

State Water Resources Control Board Says It Will Enforce Permit Amendment

Legal Alerts Nov 06, 2017

California Water Providers Must Test for Lead in Local Schools’ Water by Mid-2019

AB 746 Imposes Requirements for Water Providers and School Districts

Authored Articles & Publications Sep 28, 2017

Suicide Prevention in Schools

New Law Requires Schools to Adopt Suicide Prevention Policies, BB&K Attorney Dorothy McLaughlin Writes in Riverside Lawyer Magazine

BB&K In the News Jul 20, 2017

Advocates Say Schools Can Help Alleviate Students’ Fears of Parent Deportation

Partner Dina Harris Discusses Legalities with Title1Admin.com

Legal Alerts Jul 12, 2017

New Federal Regulations for Schools

Clarifies Language and Requirements Related to Special Education

Authored Articles & Publications Jul 12, 2017

Tracking Trump’s Appointments

By John Freshman and Ana Schwab

Legal Alerts Jul 11, 2017

Independent Contractors & Consultants Can be Subject to Conflict of Interest Laws

California Supreme Court Sets New Precedent for GC Section 1090

Legal Alerts Jul 11, 2017

Schools Must Have Suicide Prevention Policies in Place for 2017-18 School Year

Model Youth Suicide Prevention Policy Now Online

Legal Alerts Jul 06, 2017

Supreme Court Rules Trademarks are Protected by First Amendment's Free Speech Clause

Trademarks Not Government Speech

Legal Alerts Jul 05, 2017

Surcharge on Utility Users Imposed Under a Franchise Agreement is Not a Tax

California Supreme Court Holds Surcharge for Franchise Rights Not Subject to Voter Approval if Reasonably Related to Value of Franchise

Legal Alerts Jun 02, 2017

School District Can’t Stop Transgender Student from Using Restroom of Choice

Federal Appeals Court Upholds Temporary Injunction Against District

Legal Alerts May 31, 2017

U.S. Supreme Court Declines to Review a Legal Challenge to Mello-Roos Special Taxes

Funding Mechanism for “Additional Services” for New Development Remains

Client Successes Apr 05, 2017

School District Prevails in Special Education Placement Case

Partner Karen Van Dijk Earns Victory Before the Ninth Circuit

Legal Alerts Mar 24, 2017

New Standard for FAPE

Program Must Allow Child to Make Progress “Appropriate in Light of Child’s Circumstances”

Legal Alerts Mar 09, 2017

Civil Discovery Act Applies to Public Records Act Proceedings, California Appellate Court Concludes

May Impose Increased Burdens on Public Agencies

Mar 08, 2017

[WEBINAR] Do You Know the Way from San Jose: The Public Records Act and Private Emails

BB&K Webinar on California Supreme Court Decision

Legal Alerts Mar 02, 2017

E-Communications on Private Accounts May Be Subject to Disclosure Under the California Public Records Act

State Supreme Court Opinion Impacts Public Agencies

Legal Alerts Feb 23, 2017

California to Require Domestic Water Suppliers to Test School Drinking Water for Lead

State Water Resources Control Board Amends Domestic Water Supply Permit

Event Feb 01, 2017

Every Child Counts Symposium: Making School the Happiest Place for Students

Association of California School Administrators

Event Jan 27, 2017

Discipline/Behavior Issues

ACSA Special Education Academy

Event Jan 24, 2017

Doing Business with Government Agencies

CAPPO Conference and Supplier Exposition

Legal Alerts Dec 29, 2016

Legal Invoices to Public Agencies in California May Be Exempt from Disclosure

The California Supreme Court Tackles Public Records vs. Attorney-Client Privilege

Legal Alerts Dec 09, 2016

Are Private E-mails & Text Messages “Public Records?”

Decision Expected Soon from California Supreme Court

Legal Alerts Dec 02, 2016

Claims Resolution Procedure Changes

Public Works Contract Disputes Impacted by New California Law

Videos Nov 18, 2016

Kimberly A. Byrens Video Bio

Partner

Legal Alerts Oct 24, 2016

Financing Increased Demand On Pre-Existing Services Constitutes “Additional Services”

California Court Decision Rules on Mello-Roos Community Facilities Act of 1982

Event Oct 05, 2016

LCC Annual Conference

League of California Cities

Legal Alerts Sep 27, 2016

Lease-Leaseback Legislation Signed Into Law

California School District Construction Projects Will be Impacted

Legal Alerts Sep 26, 2016

New Legislation Seeks to Expedite CEQA Administrative Record Process

Provides Opportunity to Streamline Litigation

Legal Alerts Sep 22, 2016

New Legislation Impacts Special Parcel Taxes, Community Facilities Districts, and Notices for Property-Related Fees

Public Agencies Must Comply Beginning Jan. 1

Legal Alerts Sep 21, 2016

CEQA Allows Developers to Recover Administrative Record Costs when Reimbursing Agency

Appellate Victory for Developers and Public Agencies

Legal Alerts Sep 20, 2016

California Supreme Court Clarifies CEQA’s Subsequent Review Rules and Standard of Review

Decision Issued After Years of Uncertainty

Legal Alerts Sep 14, 2016

Legislation Establishes New Reporting Requirements for State and Local Debt Obligations

Annual Reports Filed with the California Debt and Investment Advisory Commission Must Include Additional Information

Legal Alerts Sep 12, 2016

Bill Addresses Excessive Water Use by Some California Urban Retail Water Purveyors

Tiered Water Rates and Surcharges Among Tools Agencies Can Use During Water Shortages

Press Releases Aug 26, 2016

Hundreds of Elementary School Students in Santa Ana Receive Supply-Filled Backpacks

BB&K Teams Up with the Santa Ana Kiwanis Club to Donate Backpacks Filled with School Supplies

Legal Alerts Aug 18, 2016

Air Quality District’s CEQA Thresholds Limited

California Appellate Court Weighs in Following State Supreme Court Decision

Legal Alerts Aug 11, 2016

Appellate Court “SLAPP”s Residents in Culver City Upset Over Parking Restriction Changes

City Did Not Violate Brown Act

Legal Alerts Aug 10, 2016

California Supreme Court Curbs Responses to Anti-SLAPP Motions

Elected Officials’ Free Speech Rights Analyzed

Legal Alerts Jun 30, 2016

E-Rate Program Proposed Expansion

FCC Looking to Increase Eligibility for Reimbursement

Legal Alerts Jun 21, 2016

California Supreme Court Clarifies Who is Liable for Prosecution for Misuse of Public Funds

Determining If Someone is “Charged” with Fiscal Responsibility is Key

Legal Alerts Jun 03, 2016

City Slapped Down on anti-SLAPP Claim

Details of a Potential NFL Deal for Carson Not of Public Interest, Court Says

Legal Alerts Jun 02, 2016

Court Clarifies the “Cease & Desist” Requirement Prior to Initiating Brown Act Litigation

City’s Loss Illustrates Risks of Litigating Open Meeting Law Violation Claims

Legal Alerts Apr 06, 2016

U.S. Supreme Court Holds States and Localities May Continue to Draw Voting Districts Based on Total Population

Total Population, However, May Not Be the Only Standard Upon Which Voting Areas Can Be Based

Legal Alerts Mar 15, 2016

CSDA Call to Action: SB 885

Legislation Would Limit Design Professionals’ Liability on Public Contracts

Legal Alerts Mar 07, 2016

UPDATE: Judge Modifies Ruling Impacting Disclosure of Student Records by California DOE

April 1 Deadline to Object Still Applies

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