Entries by Michael Travis

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 […]

Attorney Meghan Covert Russell to present at ‘Yes on Prop 51’ Event

On Tuesday, October 4th, 2016, Parker & Covert LLP attorney Meghan Covert Russell will be presenting a roundtable discussion on hot topics surrounding athletic facilities, including health and safety issues. The informational event, including attorneys and architects discussing issues related to school athletic facilities, will precede a Fiesta Fundraiser presented by CASH and AFE Sports in support […]

Friends of the College v. San Mateo Community College District: A Major CEQA Victory for Districts

  September 19, 2016 The California Supreme Court handed down its latest California Environmental Quality Act (CEQA) decision, Friends of the College v. San Mateo Community College District, on September 19, 2016. The decision is a major victory for agencies, including K-12 and community college districts, considering changes to a previously approved project that required […]

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Court Issues Ruling in Favor of State Allocation Board in Lawsuit Regarding Level III Developer Fees

On May 25, 2016 the State Allocation Board (“SAB”) voted to authorize Level III Developer Fees, consistent with Government Code section 65995.7. Shortly thereafter the California Building Industry Association (“CBIA”) filed a lawsuit in the Sacramento Superior Court challenging the action of the SAB, in a case entitled California Building Industry Association v. State Allocation […]

Sacramento Superior Court Issues Tentative Ruling in Favor of State Allocation Board in Lawsuit Regarding Level III Developer Fees

As you will recall, on May 25, 2016 the State Allocation Board (“SAB”) voted to authorize Level III Developer Fees, consistent with Government Code section 65995.7. Shortly thereafter the California Building Industry Association (“CBIA”) filed a lawsuit in the Sacramento Superior Court challenging the action of the SAB, in a case entitled California Building Industry […]

Attorney Michael T. Travis to Appear as Panelist at 34th Annual OC LERA Labor and Employment Law Conference

The Orange County Labor and Employment Relations Association (“OC LERA”)  is holding its 34th Annual Labor and Employment Law Conference on July 27, 2016 at the Anaheim Sheraton Park Hotel. This annual conference is co-sponsored by the National Labor Relations Board, OCLERA, and the Federal Mediation and Conciliation Service. The conference will provide practical information on […]