EdLawConnect Blog

In another blow to California school employers, a Court of Appeal has ruled that in a certificated dismissal or suspension proceeding, the employee is entitled to an award of expenses and attorney’s fees if the district withdraws its accusation against the employee after deciding to proceed to hearing, but before the hearing starts. The ruling clarifies that where an accusation is withdrawn it necessarily follows that the Commission on Professional Competence rule that the employee “should not be dismissed or suspended” within the meaning of Education Code section 44944(c)(1). Such a ruling entitles the employee to all expenses incurred defending against the accusation, including attorney’s fees.

In Knox v. Service Employees International Union, Local 1000 the United States Supreme Court held that California unions must receive "opt-in" consent of non-members before charging special fees for political purposes expenses, instead of the regular "opt out" practice. The Supreme Court also held that unions must provide an additional "Hudson notice" (a notice to service fee payers of the "fair share ...

Public colleges and universities across the country are frequently faced with issues involving free speech activities on their campuses. Some campuses permit students and non-students to engage in free speech activities (such as gathering signatures on petitions or speaking with students about religious, political or social issues of interest) anywhere on campus without restriction. More often, campuses set limitations that apply to everyone or at least to non-students, such as requiring that speakers engage in speech activities in a designated free speech area or zone and to give prior notice of their intent to use the area.

As an attorney who frequently conducts personnel investigations for clients, I often encounter situations where all that I have is a "he said, she said" situation without any other witnesses. This hurdle does not mean that I do not investigate the matter thoroughly. It is fairly well known that all investigations need to be prompt, thorough and effective. Personnel investigations may be eventually reviewed ...

Background
On January 6, 2009, a California Superior Court judge ruled that licensed nurses (i.e. credentialed school nurses, registered nurses or licensed vocational nurses) must be used to administer insulin to students. In so doing, the judge rejected the California Department of Education’s ("CDE") position that trained classroom staff (non-nurses) can be used to administer insulin. The judge's decision left school districts, SELPAs, and county offices of education throughout California wondering if they were now required to hire more nurses to administer insulin and perhaps other medications like Diastat.

As a LEED accredited attorney, I thought it was time to address a question that seems to cross many of our clients' minds: Should we aim for LEED certification (whether on a specific project, or as a matter of general policy)?

Although the law regarding student fees has not and will not change − the scope of the constitutional “free school guarantee” is not in question − the ACLU’s effort to address the issue of compliance has taken multiple twists and turns. It started when the ACLU filed a lawsuit against the State in September, 2010, followed by a quick settlement which fizzled after Governor Brown took office ...

Although July 1, 2012 is less than one month away, there is still time to confirm whether your educational institution is in compliance with the Federal Communications Commission's (FCC) Report and Order, released August 11, 2011. Pursuant to the FCC Report and Order, "Beginning July 1, 2012, schools’ Internet safety policies must provide for educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response."

In the wake of the sexual abuse scandal that rocked Los Angeles Unified School District in February of 2012, legislators introduced several bills to streamline the dismissal and suspension procedures for certificated public school employees, particularly for incidents involving sexual misconduct. The allegations of sexual assaults against elementary students at Miramonte Elementary School in South ...

In the wake of the sexual abuse scandal that rocked Los Angeles Unified School District in February of 2012, legislators introduced several bills to streamline the dismissal and suspension procedures for certificated public school employees, particularly for incidents involving sexual misconduct. The allegations of sexual assaults against elementary students at Miramonte Elementary School in South Los Angeles sparked public outcry over the certificated employee dismissal process when one of the alleged molesters, a third grade teacher, settled the teacher dismissal proceeding against him for $40,000. The settlement highlighted the difficulties school districts face in conducting dismissal proceedings, even in cases involving egregious allegations.