EdLawConnect Blog

On May 19, 2014, AALRR won a motion dismissing a Complaint filed by a developer against a school district in which the developer sought a refund of parcel taxes previously assessed and paid pursuant to two voter-approved parcel tax measures.

The plaintiff, Golden Gate Hill Development Company (“Golden Gate”) filed the action in Alameda Superior Court against the Albany Unified School District ...

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.

Join AALRR partner David Soldani as he participates in an interactive webinar for Strafford Publication, Inc. The panel discussion will focus on Renewable Energy Projects: Negotiating Power Purchase Agreements - Structuring Terms to Meet State and Federal Renewable Power Standards.

This live 90-minute CLE webinar with interactive Q&A will focus on PPA negotiations including a discussion of the key ...

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 ...