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Search of Different Student’s Locker Did Not Violate the Fourth Amendment

In In re J.D. (2014) 225 Cal.App.4th 709 [170 Cal.Rptr.3d 464], the Court of Appeal held that a school’s search of lockers in an area frequented by a student suspected of an off-campus shooting was reasonable under the Fourth Amendment. While on duty at the school, a Richmond High School campus security officer (CSO) was […]

Student May Be Transferred To Continuation High School Following Hearing Without Exhausting All Other Means Of Correction

In Nathan G. v. Clovis Unified School District, the California Court of Appeal recently held that a school district can involuntarily transfer a student to continuation high school, without having to exhaust all other means of correction. Education Code section 48432.5 states in pertinent part: “A decision to transfer the pupil involuntarily shall be based […]

Communications Between Public Officials Using Private Cell Phones And Email Accounts Are Not Public Records Under The California Public Records Act

The California Court of Appeal recently held that the California Public Records Act (“Act”) does not require access to communications between public officials using exclusively private cell phones or e-mail accounts. These private communications sent or received by public officials and employees on their private electronic devices using their private accounts, i.e., communications that are […]

Affordable Care Act Guidance for Educational Organizations

Click here to access Parker & Covert LLP’s Legal Guidance Letter from March 18, 2014.

Demers v. Austin: Ninth U.S. Circuit Court Of Appeals Concludes University Professor’s Public Comments On Department Reorganization Plan Constitute Matters Of Public Interest Requiring First Amendment Analysis

The 9th Circuit Court of Appeals recently determined that a university professor’s writings and comments on proposed department reorganization required an analysis under the First Amendment. By so concluding, the appellate court reversed the lower court’s decision that the professor’s speech did not address matters of public concern. Demers v. Austin, 2014 DJDAR 1190 (Jan. […]

State Allocation Board Approves Biennial Developer Fee Increase

The State Allocation Board, at its January 22, 2014 meeting, approved an increase in “level 1” developer fees from $3.20 to $3.36 per square foot on new residential development and residential additions of over 500 square feet, and from $0.51 to $0.54 per square foot on new commercial and industrial development. School districts may implement […]

New Civic Center Act Fee Regulations Issued

The State Board of Education on January 15, 2014 issued new regulations to implement S.B. 1404 from 2012, authorizing school districts to impose Civic Center Act user fees that include costs of maintenance, repair, restoration, and refurbishment of school facilities or grounds in proportion to their use. These regulations are at Title 5, California Code […]

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