Legal Alerts Archive

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Legal Alerts Index

Bargaining Unit Issues

Court denies right of personnel commission to sue
CTA v. GOULD settlement
Depublication of F.T.R. v. City of Pasadena
Nonrenewal of probationary teachers
PERB enforces management rights clause
PERB ruling on union's failure to demand arbitration
Procedural protection for probationary teachers
Reasonable accommodation under the Americans with Disabilities Act does not require violation of a collectively bargained seniority system
School district bound by collective bargaining agreement
Teacher who claims program understaffed protected by False Claims Act
Union's duty to represent employees
Use of internal system by union for distributing campaign material

Facilities Issues

Affirmative action rules in school construction contracts repealed
Barring contractors from bidding on projects after finding of nonresponsibility
Developer fee increase
Insufficient description of conflict of interest voids adoption of resolution of necessity
Joint ventures authorized for school construction
Liability for dangerous condition of public property during construction
Non-profit college required to pay developer fees
Private religious university must pay developer fees
Seeking extra-statutory developer fees
Selection of bid alternatives must be blind selection
School facilities fees: Assembly Bill 3081
Supplemental environmental impact report

Human Resources Issues

Accommodating employees' religious beliefs
Accommodating employees' work schedules
Accommodations for employees with physical limitations
Age discrimination
Age discrimination in employment

Board May Consider Non-Reelection Of Probationary Employee
Brown Act Does Not Require 24-Hour Notice to Employees
Chronically absent employee may be required to submit fitness-for-duty examination
Co-worker immune from suit by terminated employee
Decision not ro re-employ based on evaluation is not consideration
of complaint or charge under brown act

Delayed pre-employment drug test doesn't preclude employee termination
Discharging or disciplining employees who collectively refuse to work
Disclipinary memorandum held to be unfair labor practice
Disclosure of medical information prohibited
District may not employ spouse of board member as substitute teacher
District may not summarily dismiss a teacher whose credential has been suspended
District may prohibit employees from wearing political buttons
District Not Obligated to Modify Essential Job Duties to Accommodate Disability
District obligated to provide exclusive representative with information of unit members

EEOC issues guidelines for investigating claims of unlawful employer retaliation
Employee denied reemployment may sue
Employee free speech rules applicable to filing of lawsuit
Employee must inform employer of specific mental disability
Employee who terminates totally disabled employee does not violate ADA
Employee required to take physical exam
Employee's public revelation of potential conflict of interest and First Amendment
Employer guilty of age discrimination may limit liability
Employer is vicariously liable for actions of supervisor unless...
Employer liable for sexual harassment by supervisor
Employer liability for sexual harassment despite absence of adverse employment consequences
Employer's duty regarding ending sexual harassment
Excessive force by administrator violates student's rights
Extension of 60-day period for commencement of termination hearing
Fair labor standards not lost when exempt employee is improperly suspended
Federal Appellate Court Upholds CBEST
Fees against employee who pursued frivolous sexual harassment claim
FEHA requires employer to help disabled employee find alternative employment
Handling termination notices given to assistant superintendents
Hiring of coaches
HIV positive individuals protected by Americans with Disabilities Act
Incompatible offices may not be held
Job abandonment not protected by ADA
Knowing waiver by employee required if ADA claims made subject to arbitration
Law protects employers who divulge derogatory information about employees
Layoff procedures not required for slight reduction of hours
Legislation Authorizes Fingerprinting of Volunteers
Loyalty, obligations, and incompatible offices
Layoff voided, then upheld
Letter critical of a Commissioner not protected by First Amendment
Merit system district required to provide hearing prior to placing employee on unpaid leave due to physical disability
Notice of layoff to classified employees
Notice of non-re-election requirements
Notice requirements for releasing administrative employees
Notice requirements when considering non-re-election of probationary teachers
Notification as applied to non-re-election or lateral transfer
Oral and written communications following employee resignation are privileged
Post-termination employer comments
Preferential treatment of paramour does not support discrimination claim
Prohibiting public criticism of employees
Psychiatric disabilities under the ADA
Public employee may be disciplined for lying to investigators
Public employees' free speech rights not violated in demotion
Punitive Damages For Gender Discrimination
Qualified teachers have preference for athletic coaching vacancies
Reasonable investigation in wrongful termination
Recommending employees without disclosing prior acts of sexual misconduct
Reduction of teachers' hours without hearings
Release of probationary employees
Release precludes defamation action
Release Precludes Imposition Of Liability For False Or Misleading References
Religious activities in the workplace
Repetitive motion injury regulations applicable to employers of more than ten
Replacing certificated employees with independent contractors
Reversal of sex conviction may entitle terminated teacher to hearing
School Board Member And City Comm'ty Dev. Dir. Offices Not Incompatible
School districts may be liable for recommendation without disclosure of misconduct
Service Of Notice On An Employee And His/Her Attorney
Sexual harassment
Sexual harassment of other workers may be relevant in trial...
Sexual harassment termination upheld
Sheriff's Defamatory Statements to New Employer About Former Employee Not Covered By Release
Standards for policing sexual harassment
State revises prevailing wage laws
Subcontracting certain services to non-employees
Supervisor may be personally liable for sexual harassment but not discrimination
Supreme Court opinion permits Title I public employees to teach at religious school
Teacher who holds full-time positions in two districts
Timeliness of tort claim for damages for child molestation by teacher is question of fact
Twenty-five pound lifting restriction not a disability under the ADA
Unconstitutional sexual harassment policy
Unpaid Medical Leave May Be A Reasonable Accommodation
"Unsatisfactory performance" replaces "incompetency" as cause for discharge
Urgency legislation enacted: employment and the class size reduction program
Vague sexual harassment policy is unenforceable
Waiver should be obtained for individually negotiated early retirement agreements
Worker claiming age discrimination
Workers' compensation not exclusive remedy for injured workers
Wrongful demotion
Charter School Employees Subject To Collective Bargaining
Termination Of Employee Based On Salary May Constitute Age Discrimination
California Preliminary Credential
Temporary Certificates
California Civil Rights Amendments Of 1999
Commission To Notify Districts Concerning Emergency Permits And Credential Waivers
Procedure for Temporary Waiver Of Credential Requirements Revised
Financial Aid to New Teachers
Financial Aid to New Teachers (2)
Fingerprinting Bus Drivers
Leaves Of Absence
Minimum Salaries for Teachers
Retaliation for Off-Duty Conduct Prohibited
Peer Assistance and Review
Employees: Performance Bonuses
Effective Date of Employee Resignations
Employment of Retired Teachers for Class Size Reduction
Enhanced Retirement Benefits for Classified Employees
STRS Retirement Benefits For Surviving Spouses
Safety Violations
Sexual Orientation Discrimination
Sick Leave
Teacher Evaluation Guidelines
Timely Salary Payments

Miscellaneous Issues

Additive and deductive alternates from the base bid
Affirmative action rules in school construction contracts repealed
Applicability of Brown Act to board committee clarified
Attorney General Clarifies School District Under Megan's Law
Authority of schools to regulate on-campus press activities clarified
Board members attending meeting of a committee of which they are not a member may not participate
Board members may not publicly disclose information received in closed section
Boy scouts need not accept as volunteer or grant membership to homosexual individuals
Brown act as applied to subcommittees
"Catchall" exemption to public records act
Charter Schools Act Does Not Violate California Constitution
Charter schools exempt from earthquake safety provisions
Citizen committee appointed by school board may interview in closed session
Contracting out of community college bookstore
County can levy a 1/2 percent sales tax for support of public, elementary, secondary, and community college education
District May Bar Religious Sign From Baseball Field Fence
District may not convert vacant 8-hour food services positions into 3.5-hour positions
E-Rate Program Upheld
Eleventh amendment immunity for COE's
Inability To Perform Particular Job Does Not Confer ADA Eligibility
Independent contractor may not be terminated for excercise of free speech rights
Interest due on back pay
Lawyer Not Licensed In California May Not Collect Fees
Legislature Restrict Charter School Activities
Limiting costly litigation
Manager may be personally liable for violation of Family Medical Leave Act
Maximum Tax Sheltered Annuity contribution increased to $10,000 per year
Megan's law in California: child molester/sexual predator notification
Minority/Women Contractor Provisions Unconstitutional
Notice, agenda & reporting requirements on certain personnel matters
Offering of adult education courses by community college districts
Permanent Teacher May Not be Required to Pay Half of Dismissal Hearing Cost
Probationary teacher may not be reemployed if spouse is elected to school board
Protection from meritless litigation
Public employers may require pre-employment drug and alcohol testing
Religious displays violate establishment clause
Religious freedom restoration act ruled unconstitutional
Religious Sign On School Baseball Field Fence Violates Constitution
School district is not required to use trash hauler
Shortened timelines for dealing with tentative map applications
Special education update
State Board Of Education Lacks Authority To Grant Proposition 227 Waivers
Supreme Court Narrows Scope Of Americans With Disabilities Act
Supreme Court strikes down Internet "Decency" Law
Teachers' rights to wear political buttons
Teacher who claims program understaffed protected by False Claims Act
Ten commandments advertisement can't be rejected
Termination Of Unrepresented Substitute Teacher Who Complained To Employer
Test claim opens door to potential reimbursement of mandated costs
Tort claim rejection letter may waive federal statute of limitations
Unilateral Selection Of Hearing Officer Is Unconstitutional
Women and minority contract award preferences held unconstitutional
New!
Commercial Names and Logos in Instructional Materials
New! Disruption on School Grounds
New! School Safety Plans
New! Bond Elections
New! Bond Elections and Sales
New! Carbonated Beverages and Advertising to Students
New! Electronic Business Transactions
New! Deferred Maintenance
New! Exemptions from Developers' Fees
New! Field Act Waivers
New! Allocation of Funding for New School Construction
New! Definition of Responsible Bidder
New! School Bus Passenger Restraint Systems
New! School Buses

Student Issues

1996 changes to student discipline laws
Amendments to FERPA reduce burden on districts
Attorney general holds zero tolerance student discipline policies are unlawful
Attorney General opinions address student expulsion issues
Charging nonindigent parents and guardians for transporting their children
Charging parents for unexcused absences
Child protective agencies interviewing children at school
County challenges placement hearing findings
Deaf child need not be mainstreamed
District high school counselor immune from liability for erroneous advice
District liability for student injuries caused by another student
District Liable For Deliberate Indifference To Known Acts Of Sexual Harassment
District may not prohibit Bible study club
District not liable to injury to cheerleader
District Not Liable for Injury to Students During an Excursion
District violated free speech rights of high school student
Federal trial court establishes standard for student-to-student sexual harassment
Group search of students held to be reasonable
Handling threats made by students
Homosexual student who was harassed may sue for discrimination
Important reminders for student expulsion hearings
Instructor liability for injuries
Media access to school campuses
Metal detector searches of students upheld
New IDEA Regulations Effective May 11, 1999
Oregon district drug testing policy for student athletes upheld as constitutional
Parents denied attorney fees for placement dispute
Parents may be responsible for damages up to a maximum of $10,000
Peer vs. peer sexual harassment ruling
Possession of a firearm
Procedural safeguards applicable to special education testing
Public disclosure of name of expelled student is prohibited
Reauthorized IDEA
Recovery of damages for sexual harassment
School officials may search student lockers without a warrant
Schools and confidential information from the courts
SED eligibility
Settlement agreement with student who was sexually assaulted is public record
Student expulsion
Student participating in football assumes risk of injury
Suit to ban novels by Twain and Faulkner rejected
Supreme Court Defines Services Required To Be Provided To Special Education Students
Suspending an expulsion and disclosure of expelled student's name
Tort claim filed on behalf of a student must be disclosed under the public records act
Transferring students out of attendance zones
Two-year statute of limitations for classified employee dismissal
Update on district liability for student injury
Urgency legislation regarding expulsion for firearms
Use of Dogs to Sniff Students for Drugs
Use of public school classroom by religious group


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