- Who We Are
- Our Team
- What We Do
Student Health & Safety and Discipline Related Legislative Changes
This update of student health & safety and discipline related legislative changes is issued by Kronick as part of a series of Legal Alerts about new education related laws from this latest 2014 legislative session. All laws are effective January 1, 2015, unless otherwise stated.
Child Abuse and Neglect Mandated Reporter Training Will Be Mandatory Starting January 1, 2015
Effective January 1, 2015, AB 1432 requires school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools to provide annual training to all employees and persons working on their behalf, who are mandated reporters, as defined in Section 11165.7 of the Penal Code.
Reminder About Proposition 39 Charter School Facilities Process Deadlines
The deadline for a charter school to submit its request for Proposition 39 ("Prop. 39") charter facilities from a school district for 2015-2016 was November 1, 2014. If you timely received a Prop. 39 request from a charter school eligible to request facilities from your district, then the following process and deadlines are triggered.
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.