Brown Act Amendment Regarding the Reporting of Vote (K-12)

The Brown Act requires that Brown Act boards and committees, when reporting action taken in closed session, disclose “the vote or abstention on that action of every member present.” Government Code section 54957.1(a).

Charter School Students are not Entitled to an Evidentiary Hearing Before “Dismissal” or Required to Give Notice of Their “Dismissed” Status to Their New School District (K-12)

A June decision by the California Court of Appeal has held that that a “dismissal” from a charter school differs from an expulsion and that Education Code section 48918 requiring an evidentiary hearing before a student is expelled does not apply to charter schools in the “dismissal” process. This ruling has safety implications for all school districts and policy implications for both charter schools and sponsoring/authorizing school agencies.

Chancellor’s Office Opinion Regarding the Funding of Courses with Donations (CC)

The State Chancellor’s Office has posted a new legal opinion concerning (1) the ability of districts to claim state apportionment for courses that are funded by donations and (2) student fee obligations related to those courses.

Brown Act Amendment Regarding the Reporting of Votes (CC)

The Brown Act requires that Brown Act boards and committees, when reporting action taken in closed session, disclose “the vote or abstention on that action of every member present.” Government Code section 54957.1(a).

Annual Accounting for School Facilities Fees (K-12)

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 27, 2013. The purpose of this letter is to remind you of these statutory requirements and provide information and documents to assist you in complying with them.

2013-2014 Annual Notice to Parents (K-12)

Consistent with Education Code section 48980 and other state and federal laws which require districts to annually notify students, parents, and guardians of their legal rights and responsibilities, attached is a form Annual Notice to Parents appropriate for use for the 2013-2014 school year.

Classified and Certificated Employees – Notification of Reasonable Assurance of Employment for 2014-2015 (K-12)

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 reasonable assurance” no later than 30 days prior to the last day of the academic year or term. The Code requires very specific language. The attached sample letters comply with Code requirements.

Certificated Leave Replacement – “Differential” Pay and Use of Temporary Employees (K-12)

The following question has been recently posed by several of our school district clients regarding “differential” pay to permanent certificated employees:, If a school district decides to hire a temporary employee instead of a substitute when a permanent certificated employee is out on a long-term leave, can the district deduct the temporary employee’s salary from the salary of the permanent employee on leave or are they limited to only deducting the daily substitute rate?

2013 Governing Board Elections and Organizational Meetings and Frequently Asked Questions

ORGANIZATIONAL MEETINGS, (Education Code Section 35143), 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). In years in which no regular election for governing board members is conducted, the organizational meeting is held during that same fifteen day period. Exceptions to this rule are discussed below. This year the date on which an elected trustee would take office is December 6, 2013. Organizational meetings should be held as follows:

Other Means of Correcton Must be Attempted in Most Situations Prior to Student Suspension for a First Offense- Education Code 48900.5 (K12)

In our October 24, 2012, Legal Update No. 31-2012, we provided information regarding various legislative changes to student discipline law that became effective on January 1, 2013. The purpose of this Legal Update is to further emphasize to our clients the important changes Assembly Bill (“AB”) 1729 made to Education Code section 48900.5.