Berle
by butterfi | Sun, 11/02/2008 - 9:56am"When I was in school, one of my teachers was crazy about me. I once heard her tell another teacher, 'I wish he were my kid for just one day.'"
Legal Updates & Reminders
Activity Supervisor Clearance Certificate Guidance (08-2010)
The Commission on Teacher Credentialing (CTC) recently issued guidance on the Activity Supervisor Clearance Certificate (ASCC), which becomes mandatory on July 1, 2010, for non-certificated individuals who supervise, direct or coach a pupil activity program that is sponsored by, or affiliated with a school district or county office of education.
Download the full document as a pdf.
Contact: Marko Fong, Assistant General Counsel mfong@sclscal.org
Problematic Amendment to Clinical Nursing Faculty Code Section (07-2010)(CC)
Education Code section 87482 authorizes the hiring of temporary faculty as leave replacements or to address an increase in enrollment.
Download the full document as a pdf.
Contact: Virginia A. Riegel, Senior Associate General Counsel vriegel@sclscal.org
Mandated Reporting of Student Offenses to Local Law Enforcement
On October 11, 2009, the Governor signed into law AB 1390, which expanded the types of student offenses under Education Code section 48902 that school principals or principal designees are required to report to local law enforcement.
Download the full document as a pdf.
Contact: Loren Soukup, Schools Legal Counsel lsoukup@sclscal.org
Failure to Properly Identify a Student's Primary Disablities has Legal Significance Even if a "FAPE" Has Been Provided 06-2010
The Ninth Circuit Court of Appeals recently held that when a parent of a special education student prevails on an eligibility category determination, this changes the legal relationship between the parties and entitles the parent to "prevailing party" status under the Individuals with Disabilities Education Act ("IDEA") and the right to recover attorney's fees notwithstanding the school district's provision of a Free Appropriate Public Education ("FAPE").
Download the full document as a pdf.
Contact: Carl D. Corbin, Assistant General Counsel
No Increase in School Facilities Fees
Normally, around this time each year our office sends out a Legal Update informing districts of the State Allocation Board's ("SAB") increase in Level 1 school facilities fees and teh required process to increase the district's fees.
Download the full document as a pdf.
Contact: Loren Soukup, Schools Legal Counsel
Update Regarding Common Questions That Arise in Connection With Construction Projects 06-2010(CC)
Selection of Consultants: While bidding is not required for the retention of professional consultants, state law does mandate that a fair and competitive selection process be utilized by the district when selecting architects, engineers, construction managers, environmental consultants and surveyors.
Download the full document as a pdf.
Contact: Patrick C. Wilson, Senior Associate General Counsel pwilson@sclscal.org
Update Regarding Common Questions That Arise in Connection with Construction Projects 04-2010
Selection of Consultants: While bidding is not required for the retention of professional consultants, state law does mandate that a fair and competitive selection process be utilized by the district when selecting architects, engineers, construction managers, environmental consultants and surveyors.
Download the full document as a pdf.
Contact: Patrick C. Wilson, Senior Associate General Counsel pwilson@sclscal.org
Rehabilitation Act Extended to Claims by Independent Contractors 05-2010(CC)
On November 19, 2009, the United States Court of Appeals, Ninth Circuit, published its decision in Fleming v. Yuma Regional Medical Center, holding that independent contractors working for public employers are protected from disability discrimination under the Rehabilitation Act of 1973 ("Act).
Download the full document as a pdf.
Contact: Loren Soukup, Schools Legal Counsel lsoukup@sclscal.org
Rehabilitation Act Extended to Claims by Independent Contractors 03-2010
On November 19, 2009, the United States Court of Appeals, Ninth Circuit, published its decision in Fleming v. Yuma Regional Medical Center, holding that independent contractors working for public employers are protected from disability discrimination under the Rehabilitation Act of 1973 ("Act).
Download the full document as a pdf.
Contact: Loren Soukup, Schools Legal Counsel lsoukup@sclscal.org
Determination of Independent Contractor Status 04-2010(CC)
In August 2009, the United States Government Accountability Office issued a report titled "Employee Misclassification: Improved Coordination, Outreach, and Targeting Could Better Ensure Detection and Prevention." The Report calls for increased focus on the misclassification of employees as independent contractors and enforcement by the Department of Labor's Wage and Hour Division during its targeted investigations.
Download the full document as a pdf.
Contact: Loren Soukup, Schools Legal Counsel lsoukup@sclscal.org
