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U.S. Supreme Court Rules Rescission of DACA Invalid

In Department of Homeland Security v. Regents of the University of California, 591 U.S. ___ (June 18, 2020), the United States Supreme Court held that the Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals, known as DACA, program was invalid. Chief Justice John Roberts, writing the majority opinion, found that […]

U.S. Supreme Court Rules to Protect Gay and Transgender Rights in the Workplace

On June 15, 2020, the United States Supreme Court issued a landmark decision in Bostock v. Clayton County, holding that Title VII of the Civil Rights Act of 1964 protects gay and transgender rights in the workplace.  Title VII makes it “unlawful…for an employer…to fail or refuse to hire or to discharge any individual, or […]

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 Academy’s appeal, and the California State Board of Education […]

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 agricultural worker housing complex […]

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 approximately $10 million. The District also laid off faculty […]

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 individual apartment units, such as interior hallways, storage rooms, mechanical rooms, fitness […]

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 disabled and exhibited serious behavioral problems.  District A provided Student with […]

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 Government Code § 54954.2, subd. (a).) The […]

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 disabling conditions did not require special education services because of […]

Friends of the College v. San Mateo Community College District: A Major CEQA Victory for District

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, considering changes to a previously approved project that required environmental review. Friends of […]

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