EdLawConnect Blog

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 ...

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 ...

In Renee v. Duncan (Renee III), issued May 10, 2012, the federal 9th Circuit Court of Appeals determined that a Department of Education regulation allowing "intern teachers" to meet the No Child Left Behind ("NCLB") definition of highly qualified continued to violate the text of NCLB, but acknowledged that a 2010 action by Congress amended federal law, at least temporarily, to permit the Department of ...

Since voter approval of Proposition 215 in 1996 (enacting the Compassionate Use Act ("CUA")), school districts have encountered issues regarding the discipline of students and employees who possess medical marijuana cards. Due to the tumultuous nature of the law, when asked how to proceed in such situations the responses have varied widely over the years. In light of the California Supreme Court’s decision in Ross v. RagingWire Telecommunications, Inc. (2008) 42 Cal.4th 920, however, it can be stated with greater confidence that the CUA will not insulate employees or students who happen to be qualified medical marijuana patients from discipline under the Education Code.

We are occasionally asked about the authority and responsibility of a governing board regarding requests for subpoenas in student expulsion cases.  Though the issue does not arise very often, it is important to understand what is required and what options are available.  The rule can be summarized as follows: Governing boards have an obligation to consider subpoena requests – they cannot have a blanket ...

After the initial publicity surrounding Governor Brown’s unexpected veto of the student fee legislation, AB 165, there was a bit of a lull in the media attention paid to the topic. Thankfully, though, the veto and some misinformation reported in the media immediately after − e.g., a blog post headline stating AB 165 was a bill “banning pay-for-play sports fees,” when such fees have been explicitly ...

In Palomar Community College District (2011) PERB Decision No. 2213-E, the Public Employment Relations Board (“Board”) clarified that a side letter of agreement between parties does not automatically expire when the parties reach agreement on a subsequent collective bargaining agreement ("CBA").

On October 9, 2011, Governor Brown signed AB 1156.  The law, similar to AB 9 (also approved by Governor Brown on October 9, 2011, and about which we previously reported), is an anti-bullying measure aimed at giving victims of bullying priority or special consideration for interdistrict transfers.  The law amends Sections 32261 (Interagency School Safety Demonstration Act of 1985), 32282, 32283, 46600, and 48900 of the Education Code.