About Us

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.

SCLS NEWS

Advisory to Clients Regarding Summer Layoffs

by Kristen Quilty | Tue, 06/16/2009 - 10:47am

To: All K-12 Clients
From: Margaret M. Merchat, General Counsel
Date: June 16, 2009
Subject: Advisory to Clients Regarding Summer Layoffs

SUMMER LAYOFFS SUPPLEMENTAL INFORMATION

by marko | Thu, 06/04/2009 - 2:50pm

To: All K-12 Clients

From: Margaret M. Merchat, General Counsel

Date: June 3, 2009

Subject:SUMMER LAYOFFS SUPPLEMENTAL INFORMATION
____________________________________________
This memo supplements the information that was sent out on May 29, 2009, regarding summer layoffs. Yesterday, the Office of Administrative Hearings (“OAH”), the agency that conducts the layoff hearings, issued a supplemental procedure statement which is attached for your information. A critical component of this release is that the OAH is requiring school districts/county superintendents to notify them no later than June 15, 2009, if they are anticipating the need for a summer layoff. As part of this notification process, schools are required to submit a copy of their Schedule of Notice and Hearing that they have adopted pursuant to Education Code section 44955.5. This does not mean that the resolution to reduce services has to be adopted by June 15, 2009, but it does require that the schedule be adopted by that date. [Please note that the school attorneys are in contact with OAH regarding this date and it may change.]

STATE BUDGET SHORT-FALL LAYOFF PROCESS - "SUMMER LAYOFFS"

by marko | Wed, 06/03/2009 - 2:03pm

To: Superintendents, Member School Districts (K-12)

From: Margaret M. Merchat, General Counsel

Date: May 29, 2009

Subject: STATE BUDGET SHORT-FALL LAYOFF PROCESS -
“SUMMER LAYOFFS”

________________________________________

As of 1983, the Education Code has provided a means by which school agencies could do a certificated layoff in the summer as a result of a short-fall in funding. Given the current State economy and the fact that the 2009-10 Budget Act was enacted and signed into law in February, school districts will be able to use the short-fall budget layoff process this summer (a.k.a. summer layoffs) as set forth in Education Code section 44955.5 to further reduce certificated staff if necessary. The authority to act is conditioned on (1) districts being able to prove that their total revenue limit per unit of ADA has not increased by at least two percent (2 %) and (2) the legislature does not adopt any law eliminating/changing application of Section 44955.5 as has occurred in some prior years. Also, the fact that the Legislature and Governor are now in the process of revising the 2009-10 State budget does not prevent districts from proceeding at this point.

PROCESS