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CaliforniaALL, Freada Kapor Klein, Level Playing Field Institute, Uncategorized

Profile of California School Boards Associations’s Education Legal Alliance [ TLR Note: 1. CSBA entity which filed dubious Amicus Curie ( “friend of the court” ) brief — by employing attorneys Harold Freiman and Kelly Rem of Lozano Smith — in litigation involving Berkeley home of Mitchell Kapor and Freada Kapor Klein of CaliforniaALL financial scheme — on whether “single family home” may be exempt from Environmental Impact Report 2. Obvious question – why CSBA got involved ? 3. Notice Kapor brief not posted on CSBA’s website 4 – Vernon Billy – tagged, YR , roger that ]

CSBA’s Education Legal Alliance

We fight better when we stand together

CSBA’s Education Legal Alliance initiates and supports litigation in cases of statewide significance to all California schools. It successfully pursues and defends the broad spectrum of statewide public education interests in the courts and before state agencies. Working with school attorneys throughout the state, the Education Legal Alliance is a powerful force taking schools’ side in the courts, and has proven highly effective in both saving and gaining schools literally millions of dollars and protecting the governance role of the board.

Source @:

http://www.csba.org/Advocacy/EducationLegalAlliance.aspx

Below are the most recent amicus briefs filed by the Education Legal Alliance/CSBA on behalf of school districts, county offices of education, and ROC/Ps.

Requests for amicus assistance in cases of statewide significance are first considered by an Attorney Advisory Committee consisting of experts in the field of education law, who review the case and make a recommendation to the Alliance Steering Committee. The Steering Committee , consisting of board members, superintendents and representatives of education groups, makes the final determination as to whether the Alliance should become involved in the case.

Individuals wishing to seek amicus assistance from the Alliance should contact thelegal department at (800) 266-3382. In order to have time to take the case through the approval process, assistance should be requested at the earliest possible opportunity.


Special Education to Incarcerated Adult Students
(Brief pending)
Los Angeles USD v. Garcia
May 2012, California Supreme Court
Issue:
Since the legislation has been silent regarding which public entity is responsible to provide special education services to qualifying adult individuals ages 18 to 22 who are incarcerated in county jails, should the responsibility default to the state?

Los Angeles USD v. GarciaMay 2012, California Supreme Court Issue: Since the legislation has been silent regarding which public entity is responsible to provide special education services to qualifying adult individuals ages 18 to 22 who are incarcerated in county jails, should the responsibility default to the state?


Revocation Proceedings for Charter Schools
Today’s Fresh Start v. Los Angeles County Office of Education
March 2012, California Supreme Court
Issue:
Does due process require an evidentiary hearing before a neutral hearing officer or decision-maker prior to the revocation of a charter school’s charter by a county board of education?


Board’s Authority to Approve/Deny Charter Petitions
United Teachers Los Angeles v. Los Angeles USD
August 2010, California Supreme Court
Issue:
Are the procedures mandated by the Charter Schools Act a proper subject for collective bargaining under the Educational Employment Relations Act, the law governing public school labor relations in California?


Classification of a Temporary Teacher
McIntyre v. Sonoma Valley Unified School District
California Court of Appeal
Issue:
Can a school district classify a certificated employee as “temporary” for multiple school years in a row and still retain release rights and non-reelect rights if the employee is subsequently hired in probationary position?


Split Roll Parcel Tax
Beery/Borikas v. Alameda Unified School District
California Court of Appeal
Issue:
Does a parcel tax which charges different rates for residential and commercial parcels violate the requirement that the tax be “uniform?”


District Liable for Negligent Hiring of an Employee
C.A. v. William S. Hart Union HSD
California Supreme Court
Issue:
When there is not an underlying statutory basis for liability, can a school district be held directly liable for the negligent hiring and supervision of an employee who, acting outside of the scope of her employment, abused a student?


Withdrawal of Compensation in Eminent Domain Actions
Los Angeles County Metropolitan Transportation Authority v. Alameda Produce Market
California Supreme Court
Joined in brief filed by The League of California Cities and Others
Issue:
When utilizing the “quick take” eminent domain proceedings, does a lender’s withdrawal of the probable compensation deposit result in a waiver of the property owner’s right to challenge the taking?


Administration of Insulin to Students
American Nurses Association, et al. v. Jack O’Connell and the California Department of Education, American Diabetes Association, Intervener
California Supreme Court
Issue:
Under California law, may unlicensed, trained employees (i.e., without a nursing license) administer insulin to students pursuant to a Section 504 plan or a student’s IEP?


Reasonable Search and Seizure for Student Interviews
Green v. Camreta/U.S. Supreme Court
Issue:
Is an interview of a child on school grounds by a social worker in the presence of law enforcement a “seizure” requiring, absent exigent circumstances, that a warrant, court order, or parental consent first be obtained?


Applicability of State Wage Orders to Public Employers
Sheppard v. North Orange County Regional Occupational Program
California Court of Appeal, Fourth Appellate District
Joined in brief filed by The League of California Cities and the California State Association of Counties
Issue:
Do minimum wage orders promulgated by the Industrial Welfare Commission (IWC) apply to public employers, such as school districts and ROPs?


Teachers’ Freedom of Speech
Johnson v. Poway USD
9th Circuit Court of Appeal
Joined in brief filed by the National School Boards Association
Issue:
To what extent may a district regulate a teacher’s freedom of speech in the classroom on issues not related to the curriculum?


Interviews by Social Workers on School Grounds
Greene v. Camreta
U.S. Supreme Court
Joined in brief filed by the California State Association of Counties and League of California Cities
Issue:
Is an interview of a child on school grounds by a social worker in the presence of law enforcement a “seizure” requiring, absent exigent circumstances, that a warrant, court order, or parental consent first be obtained?


Right of Employer to Search Employee Text Messages
City of Ontario v. Quon
U.S. Supreme Court
Joined in brief filed by the National School Boards Association
Issue:
Did the City violate the Fourth Amendment when it searched text messages from an employee’s pager where the City’s official policy gave officers no privacy in their pagers but a supervisor allowed some personal use of pagers?


Student Club Compliance with Nondiscrimination Policy
Christian Legal Society Chapter of the University of California Hastings College of Law v. Martinez .
U.S. Supreme Court
Joined in brief filed by the National School Boards Association
Issue:
Does the U.S. Constitution allow a state law school to deny official recognition to a religious student organization for its failure to comply with the school’s nondiscrimination policy?


Timeline for Commencement of Dismissal Hearing
Kaye v. San Leandro USD
California Court of Appeal
Issue:
Is the 60-day timeline for commencement of a hearing on the charges for dismissal of a certificated employee directory or mandatory?


CEQA Statute of Limitations
Committee for Green Foothills v. County of Santa Clara and the Board of Supervisors of the County of Santa Clara
Santa Clara County Superior Court
Issue:
Does an agency’s properly filed and posted notice of determination (NOA) trigger the 30- day statute of limitations for California Environmental Quality Act (CEQA) challenges or may a court disregard the NOD and apply a longer limitations period if the plaintiff alleges that the agency did not comply with CEQA when it approved the project?


Dismissal of Employee Resulting from “No Contest” Plea
Cahoon v. Governing Board of Ventura Unified School District
California Court of Appeal
Issue:
Can a district dismiss a classified employee for his plea of no contest to a drug offense specified in the Education Code as a mandatory leave offense?


Board Censure Resolution
Californians Aware v. Orange Unified School District
California Court of Appeal
Issue:
Does a school district governing board have the right to adopt a censure resolution to collectively express its opinion about the improper conduct of an individual board member?


Baseline for Assessing Environmental Impacts
Communities for a Better Environment v. South Coast Air Quality Management District, (SCAQMD)
California Supreme Court
Issue:
What is the “baseline” for assessing the impacts of modifications to existing facilities for purposes of environmental review under the California Environmental Quality Act (CEQA)?


Right of Student to Attend a Protest During the School Day
Corales et al. v Bennett, Kinley et al. (Ontario-Montclair School District)
U.S. 9th Circuit Court of Appeal
Issue:
Is a middle school student’s act of leaving school without permission or supervision of parents or school authorities to attend a protest during the school day expressive conduct protected by First Amendment free speech rights?


Certificated Layoff “Skipping”
Hildebrandt v. St. Helena USD
California Court of Appeal
Issue:
In a certificated lay-off, may a district “skip” a junior full-time employee and lay off two more senior part-time employees qualified to perform the particular kind of service being reduced?


Bargaining of the Decision to Layoff Employees
International Association of Fire Fighters, Local 188 v. PERB (City of Richmond, RPI)
California Supreme Court
Issue:
Is the decision to layoff employees a mandatory subject of collective bargaining under the Meyers-Milias-Brown Act?


Application of Wage and Hour Laws to School Districts
Johnson, et al. v. Arvin-Edison Water Storage District et al.
California Court of Appeal
Issue:
Do California’s wage and hours laws found in the Labor Code and California’s Industrial Welfare Commission Wage Orders apply to public agencies such as school districts?


Liability for Cost Overruns in Facility Contracts
Los Angeles USD v. Great American Insurance Co. et al.
California Supreme Court
Issue:
Must a school district pay a contractor for cost overruns beyond an agreed-upon contract price when there is no evidence the district had any intent to defraud?


Attorneys’ Fees in Settlement of a Special Education Lawsuit
M.D. and S.D v. OAH and Saddleback Valley USD
U.S. 9th Circuit Court of Appeal
Issue:
Are attorneys’ fees available to a parent who accepts a school district’s written offer of settlement 10 days prior to the start of a due process hearing under the Individuals with Disabilities Education Act?


Teacher Failure to Obtain Required English Learner Certification
Ripon USD v. Comm. on Professional Competence, Theresa Messick, RPI
California Court of Appeal
Issue:
May a school district terminate a Life Single Subject Teaching Credential (music) teacher who refuses to obtain English Learner certification as required in the collective bargaining agreement?


Use of District Mailboxes for Campaign Purposes
San Leandro Teachers Association, CTA/NEA; California Teachers Association v. San Leandro Unified School District
California Supreme Court
Issue:
Does the Education Code require that a district prohibit the local teachers association and others from using school mailboxes to distribute political material?

Source @:

http://www.csba.org/Advocacy/EducationLegalAlliance/AmicusBriefs.aspx

+++++++++++++++++++++

CSBA is the nonprofit education association representing the elected officials who govern public school districts and county offices of education. With a membership of nearly 1,000 educational agencies statewide, CSBA brings together school governing boards, and administrators from districts and county offices of education to advocate for effective policies that advance the education and well-being of the state’s more than 6 million school-age children. A membership-driven association, CSBA provides policy resources and training to members, and represents the statewide interests of public education through legal, political legislative, community and media advocacy.

CSBA is the only statewide education association providing governance team leaders with in-depth advocacy and policy analysis. Serving as a unified voice for school districts and county offices of education, we foster effective relationships with the Legislature, the governor’s office, constitutional officers, Congress, the White House, administrative agencies and educational organizations to bring you the latest news and facts so that you can render effective local policy decisions.

CSBA provides educational opportunities for board members and superintendents on critical issues. Through local, regional and statewide workshops and conferences, we provide board members and superintendents with opportunities to enhance their governance skills, expand their knowledge, exchange ideas and discuss important issues.

CSBA works to educate the public and media about the role of the board and the fundamental nature of public education in California and the nation. We build support for public education by combating misinformation with data and produce nationally recognized publications to keep members apprised of educational policy issues and trends.

Finally, CSBA offers members fee-based services, including comprehensive policy services, financial programs, legal services, executive search services and more.

Executive Staff

Vernon Billy
Executive Director
Keith Bray
General Counsel/Director, Education Legal Alliance
Dollye Breshears
Senior Director, Leadership Services
Devin Crosby
Assistant Executive Director, Communications and Information Technology
Martin Gonzalez
Assistant Executive Director, Member Services
Dennis Meyers
Assistant Executive Director, Governmental Relations
Marcie Mortensson
Senior Director, Human Resources
Laurie Weidner, APR, M.A.
Director of Communications
Angelo Williams, Ed.D.
Assistant Executive Director, Policy and Programs

BOARD OF DIRECTORS

Jennifer Owen
Jennifer Owen
Director, Region 1
Fort Bragg USD

Sherry Crawford
Sherry Crawford
Director, Region 2
Siskiyou COE

Cindi Clinton
Cindi Clinton
Director, Region 3
Novato USD

Paula Campbell
Paula Campbell
Director, Region 4
Nevada City SD

Laura Rich
Laura Rich
Director, Region 5
Menlo Park City ESD

Ellen Driscoll
Ellen Driscoll
Director, Region 6
Rescue Union ESD

Laura Canciamilla
Laura Canciamilla
Director, Region 7
Pittsburg USD

Sherri Reusche
Sherri Reusche
Director, Region 8
Calaveras USD

Chris Ungar
Chris Ungar
Director, Region 9
San Luis Coastal USD

Susan Markarian
Susan Markarian
Director, Region 10
Pacific Union ESD

Suzanne Kitchens
Suzanne Kitchens
Director, Region 11
Pleasant Valley SD

Linda Pavletich
Linda Pavletich
Director, Region 12
Rio Bravo-Greeley Union ESD

Susan Henry
Susan Henry
Director, Region 15
Huntington Beach Union HSD

Wilson So
Wilson So
Director, Region 16
Apple Valley USD

Carol Skiljan
Carol Skiljan
Director, Region 17
Encinitas Union ESD

Lynne Craig
Lynne Craig
Director, Region 18
Riverside COE

Dana Tom
Dana Tom
Director, Region 20
Palo Alto USD

Marguerite LaMotte
Marguerite LaMotte
Director, Region 21
Los Angeles USD

Keith Giles
Keith Giles
Director, Region 22
Lancaster ESD

Robert Cruz
Robert Cruz
Director, Region 23
Charter Oak USD

Donald LaPlante
Donald LaPlante
Director, Region 24
Downey USD

Audrey Yamagata-Noji
Audrey Yamagata-Noji
Director-at-Large, Asian Pacific Islander
Santa Ana USD
Frank Pugh
Frank Pugh
NSBA Pacific Region Director
Santa Rosa City Schools
Shelly Yarbrough
Shelly Yarbrough
Director-at-Large, American Indian
Val Verde USD
Emma Turner
Emma Turner
Director-at-Large, Black
La Mesa-Spring Valley SD
Mike Walsh
Mike Walsh
Director-at-Large, County
Butte COE
Kathryn Ramirez
Kathryn Ramirez
Director-at-Large, Hispanic
Salinas Union HSD
Paul Chatman
Paul Chatman
NSBA Director
Ocean View SD
Ramon Flores
Ramon Flores
Director – CCBE President
Ventura COE

Source @:

http://www.csba.org/About/AboutCSBA.aspx

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About Leslie Brodie

Leslie Brodie is a reporter, writer, blogger, activist, and a religious leader in the community.

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