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School District Labor and Employment Related Legislative and Regulatory Changes

This update of school district labor and employment related legislative changes is issued by Kronick as part of a series of Legal Alerts about new education related laws from this latest 2014 legislative session. All laws...more

12/15/2014 - Education Reform Hiring & Firing Legislative Agendas School Districts

Public Records Act Did Not Require School District To Produce Student Academic Growth Over Time Scores That Identified Individual...

The California Court of Appeal in Los Angeles Unified School District v.The Superior Court of Los Angeles County (July 23, 2014) 2014 WL 3615855, --- Cal.App.4th ---, recently held that unredacted academic growth over time...more

8/5/2014 - Public Records Public Records Act Student Records

L.A. Superior Court Rules Key Teacher Tenure, Dismissal, and Layoff Statutes Unconstitutional

In a much anticipated and well-publicized tentative ruling, the Los Angeles Superior Court (“trial court”) issued a tentative ruling on June 6, 2014 in Vergara v. State of California, Case. No. BC484642. Plaintiffs in the...more

6/12/2014 - Equal Protection Hiring & Firing Public Schools Teachers Tenure Termination Vergara v State of California

Communications by Public Officials Using Private Cell Phone or E-Mail Accounts are Not Public Records

The California Public Records Act (“CPRA”) requires the disclosure of “public records” on request, unless such records are exempt from disclosure. In City of San Jose v. Superior Court (March 27, 2014, H039498) ---...more

4/2/2014 - Cell Phones CPRA Email Mobile Devices Public Records Text Messages

Juvenile Court Schools, Reporting Allegations of Misconduct Against Certificated School Employees, and Bidding Practices under the...

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. Juvenile Court Schools—AB 631 - AB 631 amends Education...more

3/21/2014 - Juveniles Public Schools Subcontracts Subletting Teachers

The Constitutional Rights of Students Wearing American Flag Shirts on Cinco de Mayo Were Not Violated When They Were Required to...

On Cinco de Mayo 2010, when school officials at a California high school became aware of a potential altercation between two groups of students, they asked the students wearing shirts bearing images of the American flag to...more

3/7/2014 - Due Process First Amendment Free Speech Public Schools Students

Classified Management Employee’s Misconduct Justified School District’s Termination of Employment, Despite Protected Speech

A school district classified management employee sought to overturn his dismissal from employment, which he alleged was in retaliation for engaging in protected speech. A California court of appeal held that, given the...more

2/13/2014 - Free Speech Hiring & Firing Managers Protected Concerted Activity Public Employees Sexual Harassment Termination

Brown Act Amendment Now Requires Recordation of Actions Taken During Open Sessions

Senate Bill 751 amends Government Code section 54953 to require the legislative body of a local agency to publicly report any action taken and the vote or abstention on that action of each member present for the action. This...more

1/29/2014 - Public Schools School Districts

CalSTRS Extends Time to Elect to have Service Count Toward CalSTRS Retirement

CalSTRS recently issued new guidance that applies when a CalSTRS member changes to a new position that may not be eligible for participation in the retirement system. The guidance, found in Employer Information Circular,...more

1/13/2014 - CalSTRS Defined Benefit Plans Eligibility ERISA Human Resources Professionals Pensions Retirement Plan State Teachers Retirement System Unions

Professor’s Public Criticism of University Department “Direction and Focus” Was a Protected Matter of Public Concern

A university professor’s “broad proposals to change the direction and focus” of the university’s School of Communications were matters of public concern protected by the First Amendment. Despite the professor’s public...more

9/19/2013 - Damages First Amendment Free Speech Professors Qualified Immunity Universities

A School District Employee's "Hours" Worked During a Leave May Not Be Converted to "Days" Worked for the Purpose of Earning...

In Cox v. Los Angeles Unified School District (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., July 23, 2013), a California court of appeal considered whether a school district employee could apply hours of credit she claimed to have...more

9/6/2013 - Full-Time Employees Paid Leave School Districts Wage and Hour

Community College District Required To Negotiate With Union Over The Effects Of Its Decision To Install Security Surveillance...

In California School Employees Association & Its Chapter 417 v. Rio Hondo Community College District (PERB Decision No. 2313, March 21, 2013), the PERB considered whether a community college district violated the EERA when it...more

5/21/2013 - Community Colleges Negotiations Security Cameras Surveillance Unions

AB 1344 Addresses Employment Contracts, Open Meetings Notice, and Penalties for Misuse of Public Office

Assembly Bill 1344 (“AB 1344”), signed by the Governor on October 9, 2011, made several changes to laws involving local governance. The bill was introduced in response to the City of Bell controversy. The provisions of AB...more

2/5/2013 - City Charters Elections Code Employment Contract Local Governance Misuse of Public Office Notice Requirements Open Meetings Act Ralph M. Brown Act

2012-13 Education Legislation Summarized By KMTG

In order to have the new 2012-13 education legislation handy, we have combined our series on the subject into one easy to reference location. Here you will find a recap of all the legislation we summarized, along with a link...more

1/15/2013 - Bids Bullying Charter Schools Child Abuse Civic Center Act Discrimination Foster Children Immunization Exemptions Layoff Notices Passwords Public Contracts Religious Discrimination Retirement Social Media

Legislative Update: SB 1404 Expands Scope Of Costs That A School District Can Charge for Civic Center Use of Facilities

KMTG is continuing our series reviewing new legislation. Unless noted otherwise, the new laws take effect January 1, 2013. Senate Bill 1404 amends Education Code section 38134, known as the Civic Center Act, which...more

1/14/2013 - Civic Center Act School Districts

Court of Appeal Grants Re-Hearing for School District’s Parcel Tax Case

Below is a summary of the court of appeal’s initial decision in Borikas v. Alameda Unified School District, which was filed on December 6, 2012. However, please note that the appellate court has subsequently granted a...more

1/10/2013 - Appeals Property Tax Severability Doctrine Special Tax Taxing Power Uniformity

Legislative Update: Education-Related Topics Including Economic Impact Aid, Campus-Based Mandatory Fees For California State...

SB 754 adds section 54029 to the Education Code to address the conditions for receipt of economic impact aid. Economic impact aid is provided to school districts based on the number of English learners and economically...more

12/24/2012 - Charter Schools Child Abuse Economic Impact Aid Reporting Requirements

Legislative Update: Legislature Addresses Gifted And Talented Program, Indirect Cost Rates, Educational Placement Of Foster...

KMTG is continuing our series reviewing new legislation. Unless noted otherwise, the new laws take effect January 1, 2013. Gifted & Talented Program — AB 2491 - Current law evidences the Legislature’s intent to...more

12/12/2012 - Foster Children GATE Programs Leave of Absence Special Education Unions

Governor Brown Signs Bills Adding Protection for Religious Practices

Governor Brown recently signed two bills that are designed to combat religious discrimination. The Workplace Religious Freedom Act, AB 1964, amends the Government Code and will protect workers who wear turbans, hijabs, and...more

11/26/2012 - The Workplace Religious Freedom Act

Legislative Update: New Laws Address Immunization Exemptions, Math Standards, Long-term English Learners, Organ and Tissue...

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws become effective January 1, 2013, unless otherwise stated. Immunization Exemption—AB 2109 - Current law requires a...more

11/15/2012

Legislative Update: Governor Signs Education-Related Bills That Address Principal Evaluations, Public Contract Bidding...

KMTG is continuing our series reviewing new legislation. Unless noted otherwise, the new laws take effect January 1, 2013. Evaluations of Principals—SB 1292 - The Legislature declared in passing SB 1292 that...more

11/15/2012

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