EdLawConnect Blog

Earlier this year the Equal Employment Opportunity Commission (EEOC) published an official Final Rule to amend the Regulations and the accompanying Interpretive Guidance implementing Title I of the Americans with Disabilities Act (ADA).  This Final Rule affects all wellness programs that include disability-related inquiries and/or medical examinations and requires that all health programs must be ...

The Affordable Care Act (ACA) of 2010 made unprecedented changes to health benefit plans. The most sweeping ACA provisions took effect in 2014; other provisions have been delayed from their original implementation target dates. The Internal Revenue Service, the agency responsible for enforcing many of the ACA’s tax implications, has issued various regulations under the ACA. The IRS regulations are ...

California’s Gun-Free School Zone Act (Penal Code section 626.9) makes possessing a firearm in a school zone punishable as a crime.  Criminal liability attaches unless the individual (1) has obtained the permission of the school district superintendent or equivalent school authority to carry a firearm or (2) falls within the exemptions under the statute.

The statute does not limit the ability of a school ...

On June 7, 2016, the U.S. Department of Education’s Office for Civil Rights (OCR) provided the public with a “First Look” at the data gathered during its biennial Civil Rights Data Collection (CRDC) for the 2013-2014 school year.

In its accompanying press release, OCR highlighted data points that reveal persistent disparities in educational equity and opportunity for students across several key ...

On April 6, 2016, a California Court of Appeal determined that under the Fair Employment and Housing Act (“FEHA”) an employer has an obligation to provide a reasonable accommodation for an employee’s association with a disabled individual. (Castro-Ramirez v. Dependable Highway Express, Inc. (2016) 246 Cal.App.4th 180.)  To date, no other court has decided that the FEHA requires an employer to ...

At the May 25, 2016, State Allocation Board meeting, the State Allocation Board authorized, for the first time ever, the imposition of Level III Developer Fees.  Developer Fees or school impact fees are paid by property owners and developers to mitigate the impacts of new construction on the school district’s facilities.  There are three levels of Developer Fees, commonly referred to as Level I, II, and III.  ...

On April 26, 2016, the U.S. Supreme Court issued its opinion in Heffernan v. City of Paterson, No. 14–1280, finding that a police officer who was demoted after being seen talking to a mayoral candidate’s campaign team can assert a claim that he was deprived of his constitutionally protected rights under 42 U.S.C. section 1983, even though his employer was mistaken about the fact that he had engaged in ...

California’s public educational entities need to be aware of changes to federal law that will become effective on December 1, 2016.  The U.S. Department of Labor will be publishing its official Final Rule on May 23, 2016, updating the Fair Labor Standards Act (“FLSA”) regulations regarding the executive, administrative and professional exemptions from overtime and minimum-wage requirements.

Under Title 5 of the California Code of Regulations, sections 4600-4687, local educational agencies such as school districts must adopt procedures for resolving certain types of complaints, including allegations of unlawful discrimination, harassment, intimidation, bullying, and noncompliance with certain federal and state program requirements. These policies are known as “Uniform Complaint ...

A decision was issued late yesterday by the Court of Appeal in a case that continues to highlight the political debate about the Education Code’s substantial protections for public school teachers.  Our firm reviewed the trial court’s decision in an Alert, saying the decision in favor of the plaintiffs was likely the first battle in a long war.  The second battle was a victory for the defendants, and the war (in the judicial branch, at least) will likely be decided by the California Supreme Court.