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Labor Code Legislation Mandating Equal Pay for “Substantially Similar

Labor Code Section 1197.5 has been amended by SB 358 and will become effective on January 1, 2016. The law prohibits employers, including school and community college districts, from paying an employee wage rates less than rates paid to the opposite sex for “substantially similar work.” The work is to be reviewed as a composite […]

SB 532 Amends Education Code § 35012 Regarding Student Board Members

Effective January 1, 2016, Education Code section 35012 regarding student representation on governing boards maintaining one or more high schools is amended to provide: 1. The governing board has 60 days after receipt of a petition for pupil representation to include the nonvoting student within the membership of the governing board. The board may include […]

Use of Lease-Leaseback Contracting Method in light of Davis v. Fresno Unified School District

For the past several years, school districts throughout the State of California have increasingly utilized the lease-leaseback contracting method to complete their new construction and modernization projects. Since 1957, the Legislature has provided an exemption to the normal design-bid-build competitive bidding process under Education Code section 17406(a)(1) which permits a lease-leaseback structure for builder-financed construction. […]

OSEP Expands Parents’ Right to an IEE to an Area Not Previously Assessed by the School District’s Evaluation

In a letter dated February 23, 2015, the United States Department of Education’s Office of Special Education and Rehabilitative Services (“OSEP) stated that when a parent disagrees with a school district evaluation because a child was not assessed in a particular area, the parent has the right to request an Independent Educational Evaluation (“IEE”) to […]

Title IX Enforced to Level the Playing Field for Female Student Athletes

In Ollier v. Sweetwater Union High Sch. Dist., 2014 U.S. App. LEXIS 18020 (9th Cir. Cal. Sept. 19, 2014) U.S.C.A. 9th, DAR p. 12983, the 9th Circuit Court of Appeals held that a high school failed to provide or expand equal participation to female athletes in accordance with Title IX. Female student athletes at Castle […]

Court of Appeal Clarifies Impact of Other Laws on Fitness for Duty Examinations

When an employer determines that an employee may not be able to do his or her job due to a physical or mental condition, a fitness for duty (FFD) examination is the remedy. But what happens when the employee asserts rights under the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), or […]

Suspension of Level 3 Developer Fees Expires

On June 27, 2012, the Governor signed Senate Bill (SB) 1016, which in part amended Government Code section 65995.7 to make the authorization for “Level 3” developer fees inoperative through December 31, 2014, regardless of the status of state funding, except under two circumstances. With the Legislature failing by August 31, 2014, to place a […]

School Districts’ Enforceable Duty to Protect Students Against Bullying

Click here to access Parker & Covert LLP’s legal guidance on the duty of school districts to protect students against bullying following the case of Hector F. v. El Centro Elementary School District, et al.

New Legislation on Public Works Contractor Labor Compliance Registration Program

SB 854 (Chapter 28, Statutes of 2014) was signed into law and became effective immediately on June 20, 2014. SB 854 establishes a new public works contractor registration program. These changes are at Labor Code sections 1725.5 – 1776. All contractors and subcontractors intending to be qualified to bid or be listed in a bid, […]

Affordable Care Act: Transition Rules for Educational Organizations

Click here to access Parker & Covert LLP’s June 4, 2014 guidance on the Affordable Care Act: Transition Rules for Educational Organizations.

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