EdLawConnect Blog

On April 7, 2014, the State Allocation Board (SAB) released priority funds totaling $372,200,000 for school districts that submitted requests during the current round of priority funding.  SAB designated this release for 105 projects in 43 school districts.

In order to obtain funding apportioned to a specific project, school districts must submit a Fund Release Authorization Form to SAB by July 7, 2014.  The ...

Article 11, Section 10 of the California Constitution prohibits public agencies from granting extra compensation to officers or employees after service has been rendered.  Employee salaries subject to collective bargaining are often not determined until later into the fiscal year. When an increase in employee salaries is negotiated during the school year, retroactive pay at the increased rate (or a ...

In recent years we’ve been asked what aspects of LEA programming are administrative and court litigation targets.  The four top areas remain (1) preschool-early primary grade autism programs, (2) elementary and middle school reading programs, (3) post-AB 3632 school based mental health programs and (4) ages 16-22 transition programs. Transition programs are addressed in that section of an IEP commonly ...

Many school districts purchase electronic devices such as tablets and laptops for students as they enter high school.  To protect their investment, school districts often contract with companies to insure against future damage and repair costs.  These agreements are called extended service contracts and are governed by the California Song-Beverly Consumer Warranty Act (SBCWA), the California ...

Recently the U.S. Supreme Court denied review of a significant Third Circuit Court of Appeals decision involving breast-cancer awareness bracelets worn by middle and high school students around the country. The bracelets bear the message “I ♥ boobies! (KEEP A BREAST),” which some school administrators and teachers consider inappropriate. In B.H. ex rel. Hawk v. Easton Area School District (3d Cir ...

State Senator Lou Correa (D-Santa Ana), with the support of the California School Boards Association (“CSBA”), has drafted a bill that would streamline the teacher dismissal process and specify additional types of conduct that can be charged by school districts. Senate Bill 843 would also make teacher dismissal procedures fairer for school districts, make it easier to remove teachers charged with ...

Under the California Public Records Act (Government Code § 6250 et seq. (“PRA”)), a public agency must make public records available, upon request, in any electronic format in which the agency maintains the information. If a specific format is requested, the agency must produce the records in that format if the agency has used the format to create copies for its own use or to provide to other agencies ...

Under the Civic Center Act (Education Code Section 38130 et seq.), every public school facility is considered a civic center where citizens, school-community councils, and clubs, as well as senior, recreation, education, political, artistic, and other organizations may meet. A school district may grant use of school facilities and grounds upon certain terms and conditions deemed proper by the governing ...

If you did a double-take when you read the title of this post, or re-read it to make sure you saw what you thought you saw, you are probably not alone. But it is accurate: on February 27, 2014 the Ninth Circuit Court of Appeals concluded that high school administrators did not violate the constitutional rights of students when it required them to turn their American flag shirts inside-out or go home for the remainder ...

Imagine the unpleasant surprise one superintendent got recently when he received a warning letter from the Commission on Teacher Credentialing for failing to report that a teacher had been let go following allegations that she had pulled a child’s ear. Of course, most school administrators are aware that Title 5 of the California Code of Regulations, Section 80303, requires notification to the CTC whenever a certificated employee’s employment status changes as a result of allegations of misconduct. But here, the employee was a substitute teacher. And the superintendent knew nothing about the decision not to use the substitute in the future.