1. July 23, 2014

    Two Appellate Decisions Suggest Major Battle Brewing for the Affordable Care Act

    BY: Todd M. Robbins, Tony DeMarco

    On July 22, 2014, two opinions concerning the Affordable Care Act were issued from two different United States Circuit Courts of Appeals. Both opinions analyzed the same lawsuit filed in two different courts. Both opinions reached conclusions that were diametrically opposed to one another. The first opinion, Halbig v. Burwell, which was decided by a […] more

  2. July 7, 2014

    Proposition 42 and the Death of Mandated Cost Reimbursement

    BY: Cathie Fields, Warren Kinsler

    In 1979, California voters added section 6 to Article 13B of the State Constitution, which specifies that if the state imposes any “new program or higher level of service” on any local government (including a school district), the state must reimburse the locality for the costs of the program or increased level of service. (Clovis […] more

  3. July 2, 2014

    Charter Schools’ Obligations-Federal Civil Rights Laws Uphold Non-Discriminatory Admissions Practices

    BY: Joanne Kim, Adam Newman

    As new charter schools are developed and continue to grow as an educational option for parents and students, more and more people are seeking answers to the question of what obligations charter schools have under the Federal civil rights laws.  In a nutshell, the same Federal civil rights laws, regulations, and guidance that apply to […] more

  4. June 30, 2014

    Amendments to the CTC Reporting Regulation Take Effect July 1

    BY: Cathie Fields, Mark Bresee

    Title 5 of the California Code of Regulations, section 80303, requires a report to the Commission on Teacher Credentialing within 30 days of certain employment actions. Amendments to section 80303 have been approved by the State Board of Education and take effect July 1, 2014. The amendments clarify some reporting requirements and the procedures by […] more

  5. June 26, 2014

    Governor Signs AB 215 – The Teacher Termination Reform Bill

    BY: Mark Thompson, Cathie Fields

    In a not-so-unexpected move, Governor Brown signed AB 215 (Buchanan) on June 25, 2014. Ostensibly for the purpose of “streamlining” and speeding up the teacher dismissal process and reducing associated costs, the bill makes extensive changes and additions to the already complex statutory process for terminating certificated employees. The bill found its primary support from […] more

  6. June 23, 2014

    Guidance for Districts Implementing Safety Tip Lines

    BY: Jessica Armijo, Cathie Fields

    To enhance school safety, some school districts have established “tip” lines where students may send emails or text messages to the district about bullying, drugs, alcohol use, fights, or anything else that may adversely impact the health, safety, or welfare of students.  A legal issue that arises from these programs is whether the information in […] more

  7. June 19, 2014

    When May Teachers Use Reasonable Force?

    BY: Scot Yarnell

    A client recently contacted us with the following situation and questions:  “A teacher broke up a ‘fight’ at school yesterday.  In doing so, he put his hand on one boy’s neck/shoulder to separate him from hitting the other student.  Today, Dad comes on campus and reports to the principal that the teacher put his hands […] more

  8. June 13, 2014

    Are Educational Institutions Adequately Protecting Student Email Addresses?

    BY: Lisa Allred, Penelope Glover

    With advances in education technology and the prevalence of technology use in general, instructors, system administrators, online service providers, and others are commonly requesting that students and parents supply their email addresses in order to facilitate communications and learning.  Under current California law applicable to K-12 public educational institutions, student email addresses may be classified […] more

  9. June 11, 2014

    Don’t Make a Legal Wrong Turn: Requirements of Door-to-Door Transportation

    BY: Jennifer Baldassari, Adam Newman

    Whether or not door-to-door transportation is needed for a student with disabilities is an IEP team-based decision. To determine whether this type of transportation is required under the IDEA, courts have considered factors including the student’s needs, age, the nature of the student’s disability, the condition of the route to be traveled to the bus […] more

  10. June 10, 2014

    Judge Rules in Favor of Students in Vergara v. California

    BY: Mark Bresee

    In a Tentative Decision announced earlier today, Los Angeles Superior Court Judge Rolf M. Treu ruled in favor of the Plaintiffs in Vergara v. California, concluding that five provisions of the California Education Code are unconstitutional — Education Code section 44929.21 (two year probationary period); Education Code sections 44934, 44938(b)(1)-(2) and 44944 (dismissal of permanent […] more

Upcoming AALRR Events

Save the Date for the 2014 Education Law Conference

The dates have been announced for the 2014 Education Law Conference. Mark your calendar today and look for the invitation to arrive soon.

November 13, 2014: Cerritos, CA

November 18, 2014: Stockton, CA