1. December 18, 2014

    Governor Brown Veto of AB 1550 Preserves Employer Option to Unilaterally Implement its Last, Best, and Final Offer After Impasse

    BY: Mark Bresee, Jessica Armijo

    Recently Governor Brown vetoed Assembly Bill 1550, which would have added 30 days to the already rigorous impasse procedures under the Educational Employee Relations Act (Government Code §§ 3540, et. seq.; “EERA”) impairing the ability of public employers to unilaterally implement a last, best, and final offer after completion of the statutory impasse process. EERA […] more

  2. December 15, 2014

    Public Entities Can Limit Exposure to Monetary Claims by Modifying Board Policies

    BY: A. Christopher Duran, Cathie Fields

    In these strained economic times, where governmental budgets can be stretched to their limits, public entities are often faced with unexpected financial exposure to claims and litigation.  Public entities can limit the scope of their exposure to monetary claims by simply adopting policies that shorten the time for presenting claims to a fraction of what […] more

  3. December 5, 2014

    Funding Educational Technology Through the Use of Ed-Tech Bonds

    BY: Jessica Armijo, Cathie Fields

    California has adopted the Smarter Balanced Assessment System designed by the Smarter Balanced Assessment Consortium, an organization formed to create assessments aligned to the Common Core academic content standards. This transition to the Common Core State Standards Initiative was initiated by Assembly Bill 484, signed by Governor Jerry Brown on October 2, 2013. The Smarter […] more

  4. December 1, 2014

    School Sports and Interscholastic Programs in Full Swing: Recognizing when Section 504 Applies

    BY: Jennifer Baldassari, Karen Gilyard

    Section 504 of the Rehabilitation Act of 1973 (“Section 504”), through its implementing regulations in Subpart D, requires that students with disabilities have the opportunity to equally participate in extracurricular activities, including afterschool sports and interscholastic programs. The Section 504 regulations specifically outline a school district’s obligation to provide extracurricular activities in “such a manner […] more

  5. November 21, 2014

    Bullying & Harassment in Special Education

    BY: Adam Newman, Kristin Myers

    School districts (and county offices of education and charter schools) can be liable for failing to address the bullying or harassment of a student with a disability.  Are you properly addressing and responding to complaints of bullying and harassment? Bullying and Harassment Defined Bullying is defined as aggression used within a relationship where the aggressor […] more

  6. November 19, 2014

    New Legislation Protects Student Data from Misuse by Third Parties

    BY: Cathie Fields, Jessica Armijo

    On September 29, 2014, Governor Brown approved a series of bills to protect against misuse or unauthorized release of students’ personal information. Assembly Bills 1442 and 1584 add privacy requirements to the Education Code for school districts using a program or third-party provider to gather or store personal student information. Senate Bill 1177 adds restrictions […] more

  7. October 3, 2014

    Clarification ~ Mandatory Prequalification Requirements Now Apply to Lease-Leaseback Agreements

    BY: Martin A. Hom, Hugh Lee

    The new law becomes operative on January 1, 2015.  Therefore, any lease leaseback project that is awarded after January 1, 2015, involves a projected expenditure of $1,000,000 or more, and uses any money from the Leroy F. Greene School Facilities Act of 1998 or any future state school construction bond must comply with the mandatory […] more

  8. October 2, 2014

    Mandatory Prequalification Requirements Now Apply to Lease-Leaseback Agreements

    BY: Martin A. Hom, Hugh Lee

    On September 18, 2014, Governor Brown signed AB 1581 which amended Education Code sections 17406 and 17407 (the lease leaseback statutes) to expressly provide that the mandatory prequalification requirements apply to the lease-leaseback delivery projects.  The mandatory prequalification requirements set forth in the new Public Contract Code section 20111.6 apply to any school district public […] more

  9. September 15, 2014

    How Should School Employers Respond to Employees Who Engage in Misconduct that Could Indicate a Mental Problem?

    BY: Marleen Sacks, Tony DeMarco

    On September 2, 2014, a California appellate court upheld an order requiring a college math professor to undergo a “fitness for duty examination” (“FFD”) based on behavior that his colleagues considered erratic and threatening in nature.  The court also rebuffed the efforts of the professor’s attorneys to interject themselves into the workplace dispute by placing […] more

  10. September 10, 2014

    Workplace Bullying Legislation Imposes New Training Requirements for Supervisors

    BY: Mary Beth de Goede, Peter Schaffert

    Almost all school districts have been faced with the problem of workplace bullying, but until recently workplace bullying has received little attention compared to bullying prevention efforts for minors and students.  Just as national attention on student and minor cyberbullying prompted legislation by many states, now workplace bullying is also receiving attention and has now […] more