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Court of Appeal Narrowly Reads School Bond Measure Language; Parking Shortfall May Constitute An Environmental Impact Under CEQA
A school district board placed a large bond measure on the city ballot to fund projects at multiple schools in the district, including a project to erect stadium lighting at a high school. An organization of neighborhood residents opposed the project on multiple grounds, including that the project required environmental impact report (“EIR”) preparation under the California Environmental Quality Act (“CEQA”) and that the project violated the Proposition 39 requirement that projects funded by a bond measure be specifically listed in the measure. The trial court ruled against all arguments of the neighborhood organization. On appeal, the district court of appeal upheld part of the trial court ruling, but held that the stadium lighting project was not eligible for funding from the bond measure and did require an EIR. (Taxpayers for Accountable School Bond Spending v. San Diego Unified School Dist. (---Cal.Rptr.3d---, Cal.App. 4 Dist., April 25, 2013).
Court Of Appeal Overturns District’s Dismissal Of Teacher Accused Of Inappropriately Touching A Student
The California Court of Appeal, Fourth Appellate District, recently issued a published decision that overturned a superior court decision in favor of the San Diego Unified School District in a teacher dismissal case. The decision is fact-specific and demonstrates the complexities that can be involved in dismissing a tenured teacher. (San Diego Unified School District v. Commission on Professional Competence (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., March 26, 2013).
Community College District Required To Negotiate With Union Over The Effects Of Its Decision To Install Security Surveillance Cameras
In California School Employees Association & Its Chapter 417 v. Rio Hondo Community College District (PERB Decision No. 2313, March 21, 2013), the PERB considered whether a community college district violated the EERA when it refused to negotiate over the effects of installing new security surveillance cameras. PERB ruled that because the decision had reasonably foreseeable effects on matters within the scope of representation, the district was required to negotiate effects and violated the EERA.
Court of Appeal Narrowly Reads School Bond Measure Language In Siding with Taxpayer Group’s Challenge To High School Stadium Lighting Project
The California Court of Appeal, Fourth Appellate District, recently held that school district bond revenues could not be spent on stadium lighting where the bond proposition did not specifically list field lighting as part of the contemplated projects, in accordance with the requirements of Proposition 39. (Taxpayers for Accountable School Bond Spending v. San Diego Unified School Dist. (---Cal.Rptr.3d---, Cal.App. 4 Dist., April 25, 2013).
Temporary Teacher May Seek Damages For School District's Failure To Provide Her "First Priority" When Filling A Subsequent Vacancy
In Henderson v. Newport-Mesa Unified School District (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., March 13, 2013), a California court of appeal considered whether a temporary teacher employed for more than two years by a school district before being laid off, had a right of "First Priority" when the district subsequently sought to fill vacancies. The court ruled that Education Code section 44918 expressly provides for "First Priority" for such a teacher when subsequent vacancies are filled and the teacher had a right to bring action against the district for failing to provide it.