Entries by Michael Travis

Office of Public School Construction Adds Submission Requirements for Applications for School Facilities Program Funding

On September 12, 2018 the Office of Public School Construction (OPSC) changed its submission requirements for Applications for Funding (Form SAB 50-04) for the School Facility Program (SFP) New Construction Program. OPSC changed its procedures due to receipt of recent requests for funding that exceed the bond authority for the SFP New Construction Program. Effective […]

Court of Appeal Ruling Means More Money for School Districts With New Residential Housing Projects

The California Court of Appeal’s recent decision in 1901 First Street Owner v. Tustin Unified School District (Cal.App., 2018 DJDAR 2993) means more money for school districts in developer fees when new residential housing is constructed within a school district.  Interior space outside individual apartment units, such as interior hallways, storage rooms, mechanical rooms, fitness […]

State Allocation Board Increases Residential and Commercial-Industrial School Facility Fees

  On January 24, 2018, the State Allocation Board approved substantial increases in residential and commercial-industrial school facility fees (“developer fees”) to $3.79 and $0.61 per square foot, respectively, from the current rates of $3.48 and $0.56, respectively.  School districts may now adopt these higher rates by Board resolution. These fees are “Level 1” fees […]

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New Law Imposes Significant Changes to Public Works Contractor Registration and Prevailing Wage Reporting

On June 27, 2017 Governor Brown signed SB 96 which is effective immediately and will be implemented by the Department of Industrial Relations starting July 1, 2017. SB 96 makes significant changes to the contractor registration and prevailing wage monitoring program. Some of these changes may be helpful to school and community college districts while […]

Ninth Circuit Rules That Partially Implemented, Multi-Stage IEP, As A Whole, Is Student’s Then-Current Special Education Placement

On November 17, 2016, the Ninth Circuit Court of Appeals decided N.E. v. Seattle School District, in which it considered how to identify a student’s “then-current”/“stay-put” special education placement when a parent brings a due process complaint. The facts are somewhat convoluted:  Student is disabled and exhibited serious behavioral problems.  District A provided Student with […]

How Specific Must A Local Legislative Body’s Agenda Be In Order To Comply With The Ralph M. Brown Act?

On October 25, 2016, the California Court of Appeal decided San Diegans for Open Government v. City of Oceanside. At issue was whether the City of Oceanside (“City”) had complied with the Ralph M. Brown Act’s requirements regarding the contents of a local legislative body’s published agenda. (See Government Code § 54954.2, subd. (a).) The […]

Student With Qualifying Disabilities Entitled to Special Education Services in Spite of Satisfactory Academic Performance

In a recent decision, the three-judge panel of the Ninth Circuit Court of Appeals reversed the federal district court’s summary judgment in favor of a defendant school district, disagreeing with the district court’s and the state Administrative Law Judge’s ruling that a student with three disabling conditions did not require special education services because of […]

New Law Imposes Additional Requirements On School Districts That Engage In Financings

Under current law, school districts issuing general obligation bonds, certificates of participation (“COPs”), or other forms of debt must submit timely reports to the California Debt and Investment Advisory Commission (“CDlAC”) of the proposed issuance and final sale.  SB 1029 provides that commencing January 1, 2017, a school district must additionally certify that it has adopted local […]

New Law Revises Lease-Leaseback Procedures For School Districts

September 30, 2016 Assembly Bill 2316 Assembly Bill 2316 (“AB 2316”) has now been signed into law by the Governor in an effort to address uncertainty in the area of lease-leaseback construction projects.  Previously, the Court of Appeal decisions in Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261 and McGee v. Balfour Beatty […]