EdLawConnect Blog

It is not an uncommon practice for unscrupulous and unlicensed contractors to “borrow” a licensed contractor’s license by designating a genuine licensee as a responsible managing employee (“RME”), even though that RME has little to do with supervising the work or managing the company.  Some of our school and community college district clients have suffered from poor work done by contractors ...

The Consolidated Omnibus Budget Reconciliation Act of 1985 – commonly known as “COBRA” – gives certain former employees, their spouses, and dependent children the right to continue health coverage at the employer’s group rates. COBRA generally obligates both public and private employers with 20 or more employees to offer COBRA coverage when coverage is lost due to certain “qualifying events.”

As adopted in 1879, the California Constitution includes a “free school guarantee”: “The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established.”  (Cal. Const. art. IX, § 5.)  The Supreme Court has interpreted Article IX of the California Constitution to mandate education for all students at public expense.  (See Ward v. Flood (1874) 48 Cal. 36, 51.) Section 350 of Title 5 of the California Code of Regulations and Education Code section 49011 prohibit school districts from charging fees unless “otherwise allowed by law.” Exceptions allow fees in certain, specific circumstances, with certain limitations. The California Department of Education’s Fiscal Management Advisory 12-02, dated April 24, 2013, Pupil Fees, Deposits, and Other Charges, describes circumstances when fees may or may not be permitted.