Wednesday, November 28, 2012

Join KMTG Attorneys at CSBA's Annual Education Conference!

Tomorrow, November 29th, marks the beginning of the 2012 Annual Education Conference of the California School Boards Association (CSBA).

KMTG has been proud to partner with CSBA over the years to provide the very best in education and training for CSBA members. This year's conference is being held in San Francisco and we're pleased to report that several KMTG attorneys were selected as speakers and panel participants.

KMTG attorney Roman Munoz is conducting a workshop entitled Leadership in Collective Bargaining -- Strategies for Success.  Check out the presentation on Saturday, December 1 from 8:30-9:45am at Moscone West.

Additionally, Addison Covert will be presenting two Table Talks on Friday, November 30 at Moscone West.  Addison, along with KMTG attorney Stacy Toledo, will discuss Planning for Your Successful 2013 Bond Election from 8:30-9:45am.  Addison and Meghan Covert Russell will review Your Charter School Responsibilities Under Proposition 39 from 10:00-11:15am.

If you are attending the CSBA meeting, you won't want to miss these insightful presentations by members of the KMTG Education group. We hope to see you there!


Thursday, November 8, 2012

District Not Required To Locate Charter School At Its Preferred Location

In Los Angeles International Charter High School v. Los Angeles Unified School District (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., October 11, 2012), a California Court of Appeal considered the challenge by a charter school to a school district’s decision to provide facilities at a site other than the Charter’s preferred location.  The appellate court ruled that Proposition 39 requires only that school districts make “reasonable efforts” to place charter schools “near” their desired location but does not require districts to provide charter schools with the specific requested location.

For further analysis of the case please see our Legal Alert.

Meghan Covert Russell


Wednesday, November 7, 2012

California Voters Stand Behind Education and Pass Proposition 30

Despite recent polls showing a decline in support for Proposition 30, it appears the California voters have rallied behind Governor Jerry Brown's plan to stave off sharp cuts to public education.  Proposition 30 temporarily raises sales tax and income tax in order to restore funding to the State's public education.  Passage of Proposition 30 will raise about $6 billion annually for education.  With 100% of precincts reporting, it appears that Proposition 30 secured 53.9% of the vote.

Proposition 38, a competing proposition backed by wealthy civil rights attorney Molly Munger, was handily defeated.

Proposition 32, the initiative that would have stripped unions of their ability to raise money through members in order to fund political activity, was also defeated.  Proposition 32 was opposed by the CTA and other labor organizations.

Monday, November 5, 2012

SB 1003 Amends Brown Act -- Cease & Desist Letter Required Prior to Bringing Complaint About Past Board Action

SB 1003 amends the Brown Act and adds section 54960.2 to the Government Code, which prohibits a district attorney or any interested person from filing an action to determine the applicability of the Brown Act to past actions of a legislative body unless the following conditions are met:  (1) the district attorney or interested person submits a cease and desist letter that clearly describes past action of the legislative body and the nature of the alleged violation, and (2) within 30 days from receipt of the letter, the legislative body fails to issue “an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate” the Brown Act.

The cease and desist letter, pursuant to SB 1003, is in addition to the traditional cure or correct remedy for alleged continuing violations, which continues to exist under the Brown Act.  Public agencies should familiarize themselves with the new requirements, which include prescribed timelines for presenting allegations to the legislative body, and for the legislative body to respond.

For more information, read the entire KMTG Legal Alert.

Meghan Covert Russell

Friday, November 2, 2012

OCR Receives Record Number of Special Ed Complaints

OCR has received more complaints in the past three years (2009-2011) than ever before regarding disability-related issues.  The US Department of Education's Office for Civil Rights ("OCR") enforces federal civil rights laws that prohibit discrimination based on race, national origin, sex, age, and disability.  However, during the period between 2009-2011, 55% of the complaints received by OCR dealt with disability-related issues.  The top disability-related complaint concerned FAPE, but other issues raised by complaints included retaliation, academic adjustments, denial of benefits, and harassment.

OCR's publication, "Disability Rights Enforcement Highlights," can be accessed here.

Meghan Covert Russell