Higher Education

Private University Professor Was Properly Fired For Exhibiting Frightening Behavior

September 15, 2014 | Bulletin No. 1143118.1

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.

DSA Announces New Project Certification Process for Community College and K-12 Projects

August 4, 2014 | Bulletin No. 1133279.1

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.

Update on Recent Education Legislation

New Law Restricts Ability of School Districts to Issue Capital Appreciation Bonds

March 13, 2014 | Bulletin No. 1038975.1

KMTG continues our series of updates on new legislation signed by Governor Brown.  All laws became effective January 1, 2014, unless otherwise stated.

Update on Recent Education Legislation

Juvenile Court Schools, Reporting Allegations of Misconduct Against Certificated School Employees, and Bidding Practices under the Subletting and Subcontracting Fair Practices Act

March 13, 2014 | Bulletin No. 1037585.2

KMTG will be issuing a series of updates on new legislation signed by Governor Brown.  All laws became effective January 1, 2014, unless otherwise stated.

Professor’s Public Criticism of University Department “Direction and Focus” Was a Protected Matter of Public Concern

September 18, 2013 | Bulletin No. 1037796.1

A university professor’s “broad proposals to change the direction and focus” of the university’s School of Communications were matters of public concern protected by the First Amendment.  Despite the professor’s public criticism of his employer, the Ninth Circuit held that an employee whose job included “teaching and academic writing” was entitled to broader protection.  Given the novelty of the constitutional issue, the university officials were entitled to qualified immunity from damages. (Demers v. Austin (9th Cir. 2013) __ F.3d ___.)

CALIFORNIA ASSEMBLY BILL 1266

September 10, 2013 | Bulletin No. 1037177.1

Since the Governor signed AB 1266, school districts and other education agencies have been inundated with questions from the media, parents, and students about what the new law means to the schools.  This Legal Alert is intended to provide the background behind AB 1266 as well as practical guidance on implementing the requirements of the law which take effect January 1, 2014.

Update on Recent Education Legislation

Obscene Matters Depicting Minors, Financial Literacy Instruction, Surplus Property to Charter Schools, Proposition 39 Implementation, and Digital Format For Instructional Materials

September 4, 2013 | Bulletin No. 1036608.1

KMTG will be issuing a series of updates on new legislation signed by Governor Brown.  All laws are effective January 1, 2014, unless otherwise stated.

Legislature Passes Education Legislation

Workweek of School Police Departments, Confidentiality of Student Records, Sex-Segregated School Programs and Activities, Termination Hearings for Education Employees, Bond Accountability for School Bonds, and Sexual Harassment

August 23, 2013 | Bulletin No. 1035734.2

KMTG will be issuing a series of updates on new legislation signed by Governor Brown.  All laws are effective January 1, 2014, unless otherwise stated.

Substantial Evidence Test Applies In Administrative Appeal From University Of California’s Decision To Terminate Employee

July 15, 2013 | Bulletin No. 1031450.1

A University of California employee sought review of the University’s decision to terminate his employment because he violated the policy against workplace violence or threats.  The employee asserted that an independent judgment standard of review should apply to the University’s decision.  The court of appeal held that the trial court properly applied the substantial evidence review standard and affirmed the trial court’s decision that there was no basis for setting aside the University’s decision.  (Do v. The Regents of the University of California (216 Cal.App.4th 1474, Cal.App. 4 Dist., May 13, 2013).

SCA 3 Proposes Constitutional Amendment To Lower Voter Approval Requirement For Parcel Taxes From Two-Thirds To 55 Percent For School Districts

March 18, 2013 | Bulletin No. 1018469.1

SCA 3 seeks to amend the California Constitution relating to taxation by amending Section 4 of Article XIIIA, adding Section 4.5 to Article XIIIA, amending Section 2 of Article XIIIC, and amending Section 3 of Article XIIID, and would reduce the voted approval needed for parcel taxes from the current two-thirds to 55 percent.  The Constitutional amendment would help school districts that have been subjected to funding cuts.  SCA 3 is a legislative response to the recent restrictive court of appeals decision Borikas v. Alameda Unified School District (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., March 6, 2013), which held that a parcel tax that levies different assessments on commercial and residential property violates Government Code section 50079 and is therefore invalid.

Note

For the most current discussion of the referenced Borikas case, please see our Legal Alert entitled, “UPDATE:  After Rehearing, Court Of Appeal Upholds Its Previous Parcel Tax Ruling”, March 18, 2013.

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