May 20, 2013 | Bulletin No. 1024993.1

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.

A PDF of the article is posted with the permission of the Small School Districts' Association (2013). To view the full article, click "print PDF" in the upper right corner.

May 17, 2013 | Bulletin No. 1027298.2

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).

March 28, 2013 | Bulletin No. 1024344.1

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.

Current as of: 2/14/13

February 20, 2013 | Bulletin No. 1021535.1

Summary of Proposition 39

In November 2012, Proposition 39 was approved by the voters of California.  Prior to Proposition 39, corporations were given two options to calculate their state tax liability under California law.  Proposition 39 eliminated one of these two options, and as a result corporation tax revenue is expected to increase by roughly $1 billion per year.

February 13, 2013 | Bulletin No. 1020672.1

A federal district court found in favor of a school district in a lawsuit filed by a student’s parent under the Individuals with Disabilities Act (“IDEA”) to appeal a decision of an Administrative Law Judge (“ALJ”).  The district court found that the school district was entitled to attorneys’ fees because the parent’s action was frivolous and brought for an improper purpose.  The district court ordered the parent and the attorney representing parent on appeal to pay over $94,600 in attorney fees and costs.  (C.W. v. Capistrano Unified School District, (Not Reported in F.Supp.2d, C.D.Cal., December 5, 2012).

January 18, 2013 | Bulletin No. 1018962.1

A charter schools association brought a lawsuit against a school district and alleged the district violated Proposition 39 by using norming ratios to assign classroom space to charter schools.   The court of appeal held that the school district’s “use of norming ratios is consistent with the intent of Proposition 39.”  (California Charter Schools Association v. Los Angeles Unified School District (--- Cal.Rptr.3d ----,  Cal.App. 2 Dist., December 5, 2012).

January 14, 2013 | Bulletin No. 1018832.2

In order to have the new 2012-13 education legislation handy, we have combined our series on the subject into one easy to reference location.  Here you will find a recap of all the legislation we summarized, along with a link to the actual Legal Alert, as well as the bill itself.

January 11, 2013 | Bulletin No. 1018468.1

KMTG is continuing our series reviewing new legislation.  Unless noted otherwise, the new laws take effect January 1, 2013.

Senate Bill 1404 amends Education Code section 38134, known as the Civic Center Act, which allows the governing board of a school district to authorize the use of school facilities or grounds under the district’s control to certain organizations or clubs.  In making these changes to the Civic Center Act, the Legislature declared that it intended to “encourage all school districts to maximize opportunities to make available and accessible public school facilities and grounds to their communities as civic centers.”