School and College Legal Services of California is a duly established joint powers authority that was formed to provide legal and labor relations services for community colleges, school districts, and county offices of education at a reasonable cost. Operationally, we combine the best features of private law firms and governmental law offices.
The services provided include personnel matters, facilities issues of all kinds, student rights and discipline, contracting and purchasing, Brown Act, administrative hearings, collective bargaining and PERB matters, grievance arbitration, litigation, and real property matters.
We are strongly committed to the practice of preventive law through in-service training and timely newsletters, Legal Advisories and checklists. Recent in-service training programs have covered sexual harassment, employee evaluations, employee discipline, student rights and student discipline.
To: Superintendents, Member K-12 School Districts, County Offices of Education
From: Margaret M. Merchat, General Counsel
Date: January 12, 2010
Given the ongoing economic challenges facing public schools, we anticipate that significant work will need to be done on certificated layoffs in the coming weeks prior to March 15 and on classified layoffs. We therefore want to encourage all clients to contact us as soon as possible if your agency is considering:
1. Certificated layoffs
2. Non reelection of Probationary employees
3. Non reelection of Temporary employees
Below is a response from the California Department of Education (CDE) to Margaret M. Merchat, General Counsel's, letter regarding the effect of Education Code section 60852.3, the recent exemption for students with disabilities and 504 plans from having to pass the California High School Exit Exam as a condition for graduation, for students who were high school seniors prior to 2009-2010.
The Assembly Select Committee on Child/Adolescent Health and Safety will be holding a public hearing in Sacramento likely in Fall 2009, regarding the administration of insulin in schools. The Committee is expected to have three panels 1) Framing the issue; 2) Medical implications; and 3) Legal implications. As many of you are aware, there is a pending bill AB 1430 that would require insulin be administered only by a licensed health care professional. There is also an ongoing California Court of Appeals case brought by the American Nurses Association that seeks to affirm that position. We anticipate that this restriction would be very difficult and expensive for most schools to implement. Therefore, it may be very important for the Assembly Committee to hear from schools on this issue. If you are interested in helping the State develop practical and flexible rules regarding who may administer insulin in educational settings that range from public schools, non-public schools, field trips, charter schools, to alternative educational settings, please contact this office.