PUBLISHED October 2015
CSBA's Education Legal Alliance has filed an amicus letter with the California Supreme Court, opposing the petition for review in Newark Unified School District v. Superior Court (Brazil). In response to a Public Records Act request, the district disclosed numerous documents including inadvertently disclosing some that were covered by the attorney-client privilege. Within hours of realizing its mistake, the district asked the Superior Court to prevent the review and dissemination of the privileged documents. On appeal, the court ruled for the district and found that the inadvertent disclosure of privileged documents did not waive the privilege under the PRA. The ELA's amicus letter analyzed the relevant provisions of the PRA, provided information related to the effect of a contrary decision on California school districts and county offices of education, and urged the Supreme Court to allow the appellate court's ruling to stand. Read the letter.