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Private University Professor Was Properly Fired For Exhibiting Frightening Behavior
The University of San Francisco terminated a tenured professor after the employee exhibited angry and frightening behavior with other employees over a substantial period of time. In Kao v. University of San Francisco (August 4, 2014, A135750) ___ Cal.App.4th ___, the Court of Appeal held the professor's supervisor had a reasonable basis to request a fitness for duty examination and the employee's refusal to submit to the examination made his erratic behavior grounds for termination.
Student Can Be Eligible For Special Education With Both A Specific Learning Disability And Other Health Impairment At The Same Time; But District Reasonably Found Neither Category Applied
In E. M. v. Pajaro Valley Unified School District (July 15, 2014) No. 12-15743, the Ninth Circuit recently held that a student with an auditory processing disorder could be eligible for special education and related services on the basis of a "specific learning disability" (SLD) or as being "other health impaired" (OHI) at the same time. However, the original denial of eligibility by the district was in 2005, the student had already graduated, and the Court of Appeals held that the district's denial of eligibility based on lack of a "severe discrepancy" and failure to consider OHI based on "limited alertness" was reasonable at the time.
DSA Announces New Project Certification Process for Community College and K-12 Projects
If you’re a design professional, project inspector, or public entity involved in the design or construction of K-12 or community college facilities then you’ll be interested in the following announcement from the California Division of the State Architect (“DSA”) regarding its new project certification process which took effect August 1, 2014.
Public Records Act Did Not Require School District To Produce Student Academic Growth Over Time Scores That Identified Individual Teacher Names Tied To Those Scores
The California Court of Appeal in Los Angeles Unified School District v.The Superior Court of Los Angeles County (July 23, 2014) 2014 WL 3615855, --- Cal.App.4th ---, recently held that unredacted academic growth over time scores revealing the names of individual teachers tied to those scores were exempt from disclosure under the "catch-all" exemption to the California Public Records Act because the public interest in non-disclosure of teachers' names under the particular circumstances clearly outweighed the public interest served by their disclosure.
Program Accessibility Under the ADA: An Exception for Public Owners
Public owners, as well as private owners and tenants of commercial and retail properties, are at risk of lawsuits brought under the Americans with Disabilities Act of 1990 (“ADA”) and related state law alleging that their facilities are not accessible by those with disabilities.