This Legal Update is being provided to advise member school districts of our opinion that school personnel who agreed to be trained may administer Diastat to students whose health care provider has issued a written statement specifying the medication to be taken, the dose, the time, and the method of administration and if the student's parents also provide written permission.

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Contact: Carl D. Corbin, Assistant General Counsel ccorbin@sclscal.org

This Legal Update is being provided to address some of the common issues regarding reemployment rights for laid off school employees.

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Contact: Carl D. Corbin, Assistant General Counsel ccorbin@sclscal.org

As you may already be aware, the American Civil Liberties Union ("ACLU") has been contacting numerous school districts informing them that their use of the Free To Be program as part of the school district's sexual health and HIV/AIDS prevention education is a violation of the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act ("Act").

search terms: Free To Be, Sex Education, HIV/AIDS, ACLU, California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act.

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Contact: Loren W. Soukup, Schools Legal Counsel lsoukup@sclscal.org

On July 28, 2009, the California Court of Appeal, Fourth District, published its decision in Farahani v. San Diego Community College District (2009) __ Cal.App.4th __, 96 Cal.Rptr.3d 900 ruling against the College District in its dispute with former faculty member Sam Farahani, who had been terminated in June, 2006. The court's decision upholds a decision of the superior court that found a "last chance agreement" in which Farahani waived his right to a hearing on his termination was void under Education Code section 87485.

search terms: last chance, waiver, termination, agreement, Farahani v. San Diego Community College District, Leithliter v. Board of Trustees, Education Code 87485, Education Code 44924.

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Contact: Frank Zotter, Jr., Senior Associate General Counsel fzotter@sclscal.org

On June 18, 2009, the California Supreme Court confirmed in San Leandro Teachers Association v. Governing Board of the San Leandro Unified School District that a school district may prohibit the use of school mailboxes by an employee union for the circulation of materils that endorse particular candidates for office.

search terms: school mailboxes, San Leandro Teachers Association v. Governing Board of teh San Leandro Unified School District, SLTA, Education Code section 7054.

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Contact: Marko H. Fong, Assistant General Counsel mfong@sclscal.org

As part of the recent budget related legislation passed by the Governor on July 28, 2009, students that qualify for services under the Individuals with Disabilities Education Act ("IDEA") and/or Section 504 of the 1973 Rehabilitation Act ("Section 504") are not required to pass the California High School Exit Exam ("CAHSEE") in order to receive a high school diploma.

search terms: special education, IDEA, CAHSEE, Section 504, 1973 Rehabilitation Act, Education Code section 60852.3.

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Contact: Carl D. Corbin, Assistant General Counsel ccorbin@sclscal.org

School districts are required by federal and state law to prevent sexual harassment as well as other forms of harassment in their programs and activities. "Sexual harassment" is defined as unwelcome conduct of a sexual nature under several conditions, including the following condition:

search terms: sexual harassment, Lopez Court, Los Angeles Community College District, hostile, LACCD,

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Contact: Janna L. Lambert, Senior Associate General Counsel

Government Code sections 66001 and 66006 impose detailed requirements on public agencies which levy development fees. These sections require school districts collecting statutory school facilities fees to take certain actions prior to December 28, 2009.

search terms: annual accounting, school facilities fees, fees, development fees, Education Code section 66001, Education Code section 66001, Education Code section 66006.

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Contact: Susanne K. Reed, Of Counsel sreed@sclscal.org

Each school district, community college district, and county office of education is required to hold an annual organizational meeting. In an election year a school district or community college organizational meeting is held on a day within the fifteen (15) day period that commences with the date upon which a governing board member elected at that election takes office (the first Friday in December).

search terms: Governing Board Elections, Organizational Meeting, election, board election.

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Contact: Susanne K. Reed, Of Counsel sreed@sclscal.org

In 2007, the California Department of Education issued an advisory informing school agencies that trained non-medical personnel could administer insulin to students in certain situation. However, in light of recent litigation, the question of who may administer insulin to students with diabetes who need assistance remains legally unsolved.

search terms: insulin, diabetes, American Nurses Association v. O'Connell, Diabetes Appellage Update,

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Contact: Frank Zotter, Jr., Sr. Assoc. General Counsel or Marko Fong, Assistant General Counsel fzotter@sclscal.org or mfong@sclscal.org