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State Increases Limits to Developer Fees and Contracting Amounts

Update: On February 24, 2016, the State Allocation Board approved adjustments to the Level I developer fees.  The residential development amount was increased to $3.48 per square foot (from $3.39) and $0.56 per square foot for commercial/industrial…
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School Districts Must Initiate Due Process Hearing After Impasse

November 19, 2015 CALIFORNIA EDUCATION CODE SECTION 56346(f) COMPELS A SCHOOL DISTRICT TO INITIATE A DUE PROCESS HEARING WHEN THE SCHOOL DISTRICT AND THE PARENTS REACH AN IMPASSE In a decision by the Ninth Circuit Court of Appeals, the…
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Labor Code Legislation Mandating Equal Pay for “Substantially Similar Work”

Labor Code Section 1197.5 has been amended by SB 358 and will become effective on January 1, 2016. The law prohibits employers, including school and community college districts, from paying an employee wage rates less than rates paid to the…

SB 532 Amends Education Code § 35012 Regarding Student Board Members

Effective January 1, 2016, Education Code section 35012 regarding student representation on governing boards maintaining one or more high schools is amended to provide: 1. The governing board has 60 days after receipt of a petition for pupil…
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Use of Lease-Leaseback Contracting Method in light of Davis v. Fresno Unified School District

For the past several years, school districts throughout the State of California have increasingly utilized the lease-leaseback contracting method to complete their new construction and modernization projects. Since 1957, the Legislature has…
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OSEP Expands Parents' Right to an IEE to an Area Not Previously Assessed by the School District's Evaluation

In a letter dated February 23, 2015, the United States Department of Education's Office of Special Education and Rehabilitative Services ("OSEP) stated that when a parent disagrees with a school district evaluation because a child was not assessed…

Title IX Enforced to Level the Playing Field for Female Student Athletes

In Ollier v. Sweetwater Union High Sch. Dist., 2014 U.S. App. LEXIS 18020 (9th Cir. Cal. Sept. 19, 2014) U.S.C.A. 9th, DAR p. 12983, the 9th Circuit Court of Appeals held that a high school failed to provide or expand equal participation to…

Court of Appeal Clarifies Impact of Other Laws on Fitness for Duty Examinations

When an employer determines that an employee may not be able to do his or her job due to a physical or mental condition, a fitness for duty (FFD) examination is the remedy. But what happens when the employee asserts rights under the Family…
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Suspension of Level 3 Developer Fees Expires

On June 27, 2012, the Governor signed Senate Bill (SB) 1016, which in part amended Government Code section 65995.7 to make the authorization for "Level 3" developer fees inoperative through December 31, 2014, regardless of the status of state…
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School Districts' Enforceable Duty to Protect Students Against Bullying

Click here to access Parker & Covert LLP's legal guidance on the duty of school districts to protect students against bullying following the case of Hector F. v. El Centro Elementary School District, et al.
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New Legislation on Public Works Contractor Labor Compliance Registration Program

SB 854 (Chapter 28, Statutes of 2014) was signed into law and became effective immediately on June 20, 2014. SB 854 establishes a new public works contractor registration program. These changes are at Labor Code sections 1725.5 - 1776. All…

Affordable Care Act: Transition Rules for Educational Organizations

Click here to access Parker & Covert LLP's June 4, 2014 guidance on the Affordable Care Act: Transition Rules for Educational Organizations.