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by butterfi | Sun, 11/02/2008 - 9:39am"The IDEA does not promise perfect solutions to the vexing problems posed by the existence of learning disabilities in children and adolescents. The Act sets more modest goals; it emphasizes an appropriate rather than ideal, education; it requires an adequate rather than optimal, education."
Legal Updates & Reminders
Classified Employees - Notification of Reasonable Assurance of Employment
In order for classified employees who do not work during the summer to be held ineligible for unemployment benefits, section 1253.3 of the Unemployment Insurance Code requires that districts give or send these employees a "letter of assurance" no later than 30 days prior to the last day o school.
search terms: classified employees, Unemployment Insurance Code, letter of assurance.
Download the full document as a pdf.
Contact: Susanne K. Reed, Of Counsel, sreed@sclscal.org
Districts Have Duty to Ensure Students with Disabilities in an After-School Program Have Equal Access
Our office is regularly asked questions about the responsibility of a school district to provide accommodations/services, such as a 1:1 aide, to a student with a disability in an after-school program (such as child care, homework club, sports, etc.). Districts must address the following three questions in order to determine a district's responsibility to provide accommodations/services in an after-school program or activity.
search terms: disabilities, Students with Disabilities, after-school program, equal access, IDEA, Individuals with Disabilities Education Act, Free Appropriate Public Education, FAPE, IEP, 504, OCR, YMCA, aide, Hayward case.
Download the full document as a pdf.
Contact: Carl D. Corbin, Assistant General Counsel, ccorbin@sclscal.org
Impermissible to Deduct Vacation Leave and Differential Leave Concurrently for a Classified Employee
On January 26, 2009, the California Court of Appeal, Fourth District, published its decision in California School Employees Association v. Colton Joint Unified School District (2009) 88 Cal.Rptr.3d 486 holding that a school district which had adopted the 100-day rule for differential leave set forth in Education Code section 45196, could not deduct vacation leave and differential leave concurrently for a classified employee.
search terms: vacation leave, differential leave, concurrent, California School Employees Association v. Colton Joint Unified School District, classified employees.
Download the full document as a pdf.
Contact: Carl D. Corbin, Assistant General Counsel
California Voting Rights Act
You may have seen recent media stories about "at-large" voting in school districts and alleged violations of the California Voting Rights Act of 2001 (CBRA) Elections Code 14025-14032.
search terms: California Voting Rights Act, CVRA, at-large, Election Code 14025-14032, Voting Rights Act section 14027, elections.
Download the full document as a pdf.
Contact: Marko Fong, Assistant General Counsel mfong@sclscal.org
California Voting Rights Act
You may have seen recent media stories about "at-large" voting in school districts and alleged violations of the California Voting Rights Act of 2001 (CBRA) Elections Code 14025-14032.
search terms: California Voting Rights Act, CVRA, at-large, Election Code 14025-14032, Voting Rights Act section 14027, elections.
Download the full document as a pdf.
Contact: Marko Fong, Assistant General Counsel mfong@sclscal.org
District Responsibilities Concerning Employee Bumping Rights
A recent judicial decision concerning certificated employee lay-offs has reemphasized the importance of acting in advance both to apply tie breaking criteria and to ask the consent of the senior employee to reassignment.
search terms: lay-offs, tie breaking criteria, bumping rights, reassignment, Bledsoe v. Biggs Unified School District.
Download the full document as a pdf.
Contact: Adam S. Ferber, Associate General Counsel aferber@sclscal.org
Timing of Final Wage Payments
There has been long standing confusion concerning the timing requirements of final wage payments for school agency employees and we continue to regularly receive questions from clients on this issue. Specifically, there has been uncertainty among school agencies as to whether Labor Code sections 201 through 203 apply to school districts and county offices of education.
search terms: final wage payments, Labor Code, Division of Labor Law Enforcement v. El Camino Hospital District, Kistler v. Redwoods Community College District, Assembly Bill 2410, final paychecks.
Download the full document as a pdf.
Contact: Loren Soukup, Schools Legal Counsel lsoukup@sclscal.org
2009 Pupil Discipline Policy PART II
DUE TO FILE SIZE, PART I OF THIS POLICY IS IN A SEPARATE ANNOUNCEMENT
Attached is an updated student discipline policy. The updated policy incorporates recent changes to the Education Code and Individual with Disabilities Education Improvement Act including bullying by electronic means and manifestation determination procedures.
search terms: discipline, bullying, Education Code, Individual with Disabilities Education Improvement Act, manifestation determination procedures, suspension, expulsion.
Download the full document as a pdf.
Contact: Nancy L. Klein, Sr. Assoc. General Counsel nklein@sclscal.org
2009 Pupil Discipline Policy PART I
DUE TO FILE SIZE, PART II OF THIS POLICY IS IN A SEPARATE ANNOUNCEMENT
Attached is an updated student discipline policy. The updated policy incorporates recent changes to the Education Code and Individual with Disabilities Education Improvement Act including bullying by electronic means and manifestation determination procedures.
search terms: discipline, bullying, Education Code, Individual with Disabilities Education Improvement Act, manifestation determination procedures, suspension, expulsion.
Download the full document as a pdf.
Contact: Nancy L. Klein, Sr. Assoc. General Counsel nklein@sclscal.org
Maintenance Of A "Hiding Place" Where Special Needs Child Can Be Victimized Makes It Easier To Show Liability If An Assault Occu
On December 8, 2008, the California Court of Appeal, Second District, published its decision in Jennifer C. v. Los Angeles Unified School District (2008) 168 Cal.App.4th 1320 holding that maintenance of a "hiding place" where a special needs child could be victimized made the foreseeability of an assault easier to prove. The court reversed a decision by the superior court to dismiss the case against the district resulting from such an assault, and sent it back for the case to proceed to trial.
search terms:
Jennifer c. v. Los Angeles Unified School District, hiding place, special needs, sexual assault, victimized, Thompson v. Sacramento Unified School District,
Download the full document as a pdf.
Contact: Frank Zotter, Jr. fzotter@sclscal.org
