School Districts

News & Analysis as of

The California Public Employment Relations Board Broadly Construes Protected Activity Under Educational Employment Relations Act

The Public Employment Relations Board ("PERB") in Crowell v. Berkeley Unified School District found the anti-retaliation provisions contained in the Educational Employment Relations Act ("EERA"), Cal. Gov. Code § 3540, et...more

ERISA: Sometimes A Government Employee’s Benefits Could Be Governed By ERISA?

You already know that employee benefit plans established by governmental entities are exempt from ERISA. But ERISA might apply if the employee benefit for the government employee is established through an association....more

Common Core Redux: Is There a Solution To The “Opt Out” Debate?

Almost exactly a year ago, my colleagues Michael P. McKeon and Zachary D. Schurin penned a piece on this blog that explored the deceptively simple question of whether parents could “legally” opt their children out of the...more

School District Gets Expensive Lesson on Prompt Payment Law. But Did the Court Get it Right?

My kids don’t like riding in my car. I urge them to look outside the window (I don’t have DVD), suggest that they roll down their windows to get some fresh air (rather than have me turn on the A/C) and persist on...more

Ex-Dallas ISD Employees Say HR Department Operated Through Fear, Retaliation

Shortly after Chrystal Thierry refused to approve some extremely high pay raises for several top administrators within the Dallas Independent School District, she says she became the victim of retaliation. As the compensation...more

Declaratory Ruling Permits School Districts to Use Electronic Signs to Post Time, Date and Location of Referendum

The Connecticut State Elections Enforcement Commission [“SEEC”] has issued its first ruling interpreting the 2013 amendment to Connecticut General Statutes Section 9-369b, the state law that prohibits the use of public funds...more

It Takes More Than a Village: Protecting Student Privacy in the Age of Big Data

High-profile data breaches and cyber-attacks on well-known brands and businesses have dominated the news cycle for more than a year. Yet during the same time, less visible, but no less important efforts have been made to...more

Illinois Supreme Court Agrees To Decide If School Districts are Subject to Local Zoning

In the closing days of its January term, the Illinois Supreme Court agreed to decide a question involving the potential collision of several different aspects of Illinois constitutional law: are school districts subject to...more

Measles Outbreak in Illinois

The current measles cluster in the Chicago area has school districts on heightened alert. Following is a short summary of preventative steps and guidance issued by the Illinois Department of Public Health. This alert is...more

Construction Alert: School District Flunks Public Contract Code Exam on Withholding Retention

On January 27, 2015, the Court of Appeal, Second Appellate District, affirmed, in part, a hefty trial judgment against the Rio School District for improperly withholding retention funds in the case of FTR International, Inc....more

Illinois Supreme Court Will Review “Bleacher” Case

Last September in this Alert, we discussed an opinion in which the Second District Appellate Court ruled that Community High School District 155 was subject to the zoning regulations of the City of Crystal Lake, a home rule...more

CDC Issues Guidance on School Ebola Risk Assessment and Response

Many will recall the recent incident where a Connecticut school district barred a student, who had recently returned from Lagos, Nigeria, from school for twenty-one days due to Ebola concerns. While the propriety of the...more

School Teacher With Breast Cancer Could Proceed With Disability Discrimination Lawsuit

Lauralyn Swanson was a teacher for the Yucca Valley Elementary School who was diagnosed with breast cancer and underwent a mastectomy. After the district’s board of education voted not to renew Swanson’s contract, Swanson...more

2015 Property Tax Levies Will Be Limited to 0.8% Growth

Last week the U.S. Bureau of Labor Statistics released the Consumer Price Index (CPI) for All Urban Consumers that will be used in the PTELL limiting rate calculations for 2015 property tax levies collected in 2016. The 2015...more

Sometimes it Depends on “Whose” Hand is in the Cookie Jar

In a lengthy and somewhat detailed decision, the California Court of Appeal for First District, in Pittsburg Unified School District v. S.J. Amoroso Construction Company, Inc., Case No. A138825 (December 22, 2014), held that...more

New student data privacy laws: top points for school contractors and K-12 education sites, apps and online services

According to the Data Quality Campaign, 36 states considered 110 student data privacy bills in 2014, and 20 states enacted 28 such bills into law. At least eight of these new laws may have significant implications for...more

Board Member Term Limits: Are They Legal?

Some cities and towns in Connecticut limit the terms of office for board of education members and other elected officials. This may come in the form of limiting a board member to two consecutive terms. At least one town in...more

School District Advisory: The Pure and Simple Truth - The Truth is Rarely Plain and Never Simple

In the recent case of J.P. v. Carlsbad Unified School District, the California Court of Appeal barred a public entity from enforcing the six-month government tort claim requirement when it prevents the claimant from filing a...more

California Employment Law Notes - January 2015

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award - State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc). Angela Aguilar who worked in a copper mine...more

School Districts: Immediate Action Required for Student Residency Determinations (1/15)

School districts must take immediate action to respond to significant changes to Commissioner’s regulations governing student enrollment determinations. On December 10, 2014, the State Education Department issued new...more

New student data privacy laws: top points for school contractors and K-12 education sites, apps and online services

According to the Data Quality Campaign, 36 states considered 110 student data privacy bills this year, and 20 states enacted 28 such bills into law. At least eight of these new laws may have significant implications for...more

The Whole Is the Sum of Its Parts: Illinois Supreme Court Upholds Service in Bettis

According to the Election Code, anyone wishing to get judicial review of a decision of an electoral board must “serve a copy of the petition upon the electoral board and other parties to the proceeding . . .”...more

School District Case Clarifies PRA Copying Charges

A Government Agency Must Allow the Public to Inspect Records at No Cost, Judge Rules - A judge has ruled that a California school district’s charging policy for viewing public documents violates the Public Records Act....more

California Court Revisits Employer’s Duty to Reasonably Accommodate Disabled Employee Under FEHA

Swanson v. Morongo Unified School District, No. G050290 (November 26, 2014): In a recent unpublished decision, a California Court of Appeal held that a teacher, whose request to teach a particular grade as an accommodation...more

Food and Beverage News and Trends

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Congress compromises on school lunch changes. Congress reached a...more

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