California Expands Lactation Accommodation Rights for Employees
Effective January 1, 2020, the Labor Code has been amended to enhance the provisions pertaining to lactation accommodation. The legislation will require an employer to provide a lactation room or location that includes prescribed features and to provide access to a sink and refrigerator, all near...
AB 695 Makes Significant Changes to Community College District Design-Build and Facilities Use Law
On October 3, 2019, Governor Gavin Newsom signed into law Assembly Bill 695 (“AB 695”). AB 695 extends the authorization for community college districts to use design-build by another ten years, until January 1, 2030. AB 695 also includes a skilled and trained workforce requirement for communit...
DISTRICT’S DENIAL OF CHARTER SCHOOL RENEWAL PETITION IS QUASI-JUDICIAL, “EXTREMELY DEFERENTIAL” COURT REVIEW DOES NOT APPLY
On July 11, 2019, the California Court of Appeal decidedOxford Preparatory Academy v. Chino Valley Unified School District. The case involved a renewal petition for an existing charter school that was denied by the District. The San Bernardino County Board of Education declined to consider the ...
New Mandatory Federal Reporting Requirements Under Borrower Defense Rule
On March 15, 2019, following the implementation of the Borrower Defense Rule, the Department of Education issued guidance on the reporting obligations of institutions of higher education. These regulations seek to ensure the fiscal responsibility of both private and public institutions for the p...
Court Issues Guidance on Requirements for Justifying Level 2 Fees with a School Facilities Needs Analysis
In Tanimura & Antle Fresh Foods, Inc. v. Salinas Union High School District (Apr. 26, 2019) the Sixth District Court of Appeal ruled in favor of the Salinas Union High School District in a case challenging the collection of Level 2 residential fees on an unusual project consisting of a 100-unit a...
Come see us at the 2019 Annual Conference on School Facilities!
School Districts Must Seek Confidentiality Agreement When Releasing Pupil Records Pursuant to Court Order or Subpoena
Education Code section 49077 concerning release of pupil information in response to a court order or subpoena has been amended effective January 1, 2019. (AB 2234, Stats. 2018, ch. 996.) Section 49077 previously only required a reasonable effort to notify a pupil and their parent or guardian prio...
Office Of Public School Construction Adds Submission Requirements For Applications For School Facilities Program Funding
On September 12, 2018 the Office of Public School Construction (OPSC) changed its submission requirements for Applications for Funding (Form SAB 50-04) for the School Facility Program (SFP) New Construction Program. OPSC changed its procedures due to receipt of recent requests for funding that ex...
Court Of Appeal Upholds Post Layoff Assignments At Long Beach Community College
In Long Beach Council of Classified Employees, Local 6108 v. Long Beach Community College District (Filed 6/19/18), the District laid off 37 classified employees and reduced the work hours for 79 other classified employees in July 2012 due to a significant reduction in state funding by approximat...
Court Of Appeal Ruling Means More Money For School Districts With New Residential Housing Projects
The California Court of Appeal's recent decision in 1901 First Street Owner v. Tustin Unified School District (Cal.App., 2018 DJDAR 2993) means more money for school districts in developer fees when new residential housing is constructed within a school district. Interior space outside individua...
State Allocation Board Increases Residential and Commercial-Industrial School Facility Fees
On January 24, 2018, the State Allocation Board approved substantial increases in residential and commercial-industrial school facility fees (“developer fees”) to $3.79 and $0.61 per square foot, respectively, from the current rates of $3.48 and $0.56, respectively. School districts may now adop...
Join the attorneys of Parker & Covert at the CASH Conference February 27-28
We invite you to join the attorneys of Parker & Covert LLP at the 39th Annual CASH Conference on School Facilities, next week in Sacramento! The firm's attorneys will be providing valuable information to attendees at CASH. Addison Covert will be leading a discussion on energy and water conservat...
Lease-Leaseback and Design-Build Construction Method
Introduction The areas of lease-leaseback and design-build construction methods for schools are complicated. This blog provides a general overview of the laws surrounding each method and a guide to help your district decide which method is better suited for the work to be done. California law gen...
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Department of Education Rescinds Policy for Investigating Campus Sexual Assault under Title IX
On September 22, 2017, Education Secretary Betsy DeVos announced the end of existing guidelines regarding campus sexual assault, replacing them with interim rules that allow colleges and universities to use a heightened standard of proof in sexual misconduct determinations. The new interim rules ...
Assembly Bill Adds 6 Weeks Paid Leave for School and College Employees
UPDATE: Governor Brown vetoed Assembly Bill 568 on October 15, 2017. Governor Brown encouraged districts to consider participating in the State Disability Insurance program to provide employees with additional paid leave and expressed his belief that decisions regarding maternity leave pay are be...
New Law Imposes Significant Changes to Public Works Contractor Registration and Prevailing Wage Reporting
On June 27, 2017 Governor Brown signed SB 96 which is effective immediately and will be implemented by the Department of Industrial Relations starting July 1, 2017. SB 96 makes significant changes to the contractor registration and prevailing wage monitoring program. Some of these changes may be ...
Parker & Covert LLP Featured in Orange County Attorney Journal
Parker & Covert LLP was recently featured in the Orange County Attorney Journal. See page 16 of the issue below. A pdf of the article is also available here.
Ninth Circuit Rules That Partially Implemented, Multi-Stage IEP, As A Whole, Is Student’s Then-Current Special Education Placement
On November 17, 2016, the Ninth Circuit Court of Appeals decided N.E. v. Seattle School District, in which it considered how to identify a student's “then-current”/“stay-put” special education placement when a parent brings a due process complaint. The facts are somewhat convoluted: Student is d...
How Specific Must A Local Legislative Body’s Agenda Be In Order To Comply With The Ralph M. Brown Act?
On October 25, 2016, the California Court of Appeal decided San Diegans for Open Government v. City of Oceanside. At issue was whether the City of Oceanside (“City”) had complied with the Ralph M. Brown Act's requirements regarding the contents of a local legislative body's published agenda. (See...
Student With Qualifying Disabilities Entitled to Special Education Services in Spite of Satisfactory Academic Performance
In a recent decision, the three-judge panel of the Ninth Circuit Court of Appeals reversed the federal district court's summary judgment in favor of a defendant school district, disagreeing with the district court's and the state Administrative Law Judge's ruling that a student with three disabli...
New Law Imposes Additional Requirements On School Districts That Engage In Financings
Under current law, school districts issuing general obligation bonds, certificates of participation (“COPs”), or other forms of debt must submit timely reports to the California Debt and Investment Advisory Commission (“CDlAC”) of the proposed issuance and final sale. SB 1029 provides that comme...
New Law Revises Lease-Leaseback Procedures For School Districts
September 30, 2016 Assembly Bill 2316 Assembly Bill 2316 (“AB 2316”) has now been signed into law by the Governor in an effort to address uncertainty in the area of lease-leaseback construction projects. Previously, the Court of Appeal decisions in Davis v. Fresno Unified School District (2015) ...
Attorney Meghan Covert Russell to present at ‘Yes on Prop 51’ Event
On Tuesday, October 4th, 2016, Parker & Covert LLP attorney Meghan Covert Russell will be presenting a roundtable discussion on hot topics surrounding athletic facilities, including health and safety issues. The informational event, including attorneys and architects discussing issues related to...