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...
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 ...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 ...
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...
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 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.
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...
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...
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...
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...
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) ...
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...
The California Supreme Court handed down its latest California Environmental Quality Act (CEQA) decision, Friends of the College v. San Mateo Community College District, on September 19, 2016. The decision is a major victory for agencies, including K-12 and community college districts, consideri...
On May 25, 2016 the State Allocation Board (“SAB”) voted to authorize Level III Developer Fees, consistent with Government Code section 65995.7. Shortly thereafter the California Building Industry Association (“CBIA”) filed a lawsuit in the Sacramento Superior Court challenging the action of the ...
Parker and Covert LLP, through its Northern and Southern California offices, provides comprehensive legal representation to school districts, community colleges, and other educational clients in communities throughout the state of California.