Fresno, CA asked in Education Law for California

Q: Does the California Board of Nurses curriculum requirements supersede the brown act laws?

Where would one find reference to this information?

The brown act and or 10+1 say that you cannot make a student retake a class they have taken. If two separate classes run concurrently, and one is passed and one is failed. The Board of nurses say that both have to be paid for and repeated.

Related Topics:
2 Lawyer Answers
James R. Dickinson
James R. Dickinson
  • San Bernardino, CA
  • Licensed in California

A: Licensing agencies have their respective requirements that must be met. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: No, the California Board of Registered Nursing's curriculum requirements do not supersede the state's open meeting laws like the Brown Act. These are separate issues governed by different laws.

The Brown Act (California Government Code 54950-54963) governs open meetings for local government bodies in California. It requires transparency and public access to meetings of boards like the BRN. But it does not relate to nursing curriculum requirements.

The BRN establishes standards for nursing education programs under the authority granted by the Nursing Practice Act. These standards include requirements for nursing courses and qualifications to sit for licensure exams. The BRN's oversight of nursing program curricula operates independently of open meeting laws.

As for repeating classes, the BRN may require students to repeat certain failed nursing courses before progressing or graduating, regardless of other non-nursing classes passed. But nursing programs must still follow laws prohibiting discrimination against students.

The connection between the Brown Act open meeting laws and the BRN's curriculum rules for nursing students is very limited. They govern different areas with separate legal foundations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.