Governor Vetoes AB 165-Student Fees Bill

AB 165 codified the state constitutional right to a free public education by prohibiting school districts from charging fees for classes and extracurricular activities. It also included new onerous enforcement mechanisms for districts and complaint procedures for parents.

In his veto message on October 8, Governor Brown said district compliance with this right is essential and districts should be held accountable, but this bill took the wrong approach. He stated that “the bill would mandate that every single classroom in California would mandate that every single classroom in California post a detailed notice and all 1042 school districts and 1200 charter schools follow specific complaint, hearing and audit procedures, even where there have been no complaints, let alone evidence of any violation. This goes too far.”

It appears the veto will require the parties to the ACLU lawsuit to go back to court or participate in further settlement discussions. In the meantime, districts should continue to review their student fees practices to ensure compliance but they can enjoy a reprieve from the onerous enforcement mechanisms in AB 165. For additional analysis and discussion please see our Legal Alert.

Sally Jensen Dutcher

The California School Boards Association (CSBA), the Association of California School Administrators (ACSA), the Los Angeles Unified School District, the San Francisco Unified School District and other school officials announced yesterday that they have filed a lawsuit in San Francisco Superior Court against the State over an alleged $2.1 billion education funding deficit. The suit seeks a recalculation of the Proposition 98 formula that determines how much funding schools receive annually.

Notably, the California Teachers Association (CTA) is not part of this lawsuit. Last summer, the Governor and state lawmakers struck a last-minute budget deal, with the blessing of CTA, which included provisions restricting further teacher layoffs and a retroactive payment promise if California voters do not approve a tax increases next year.

In similar news, The Arc of California and the United Cerebral Palsy Association of San Diego, both advocacy groups for the disabled, also filed suit against the State over budget cuts that have affected services provided to developmentally or physically disabled persons.

For more information on these two suits, see coverage here.

Meghan Covert Russell

Schools Planning to Sue State over Education Funding

The California School Boards Association (CSBA), the Association of California School Administrators (ACSA) and school districts will hold a press conference this morning to explain their case for suing the state over the $2.1 billion in education funding that they believe should have been provided in the budget pursuant to estimates under Proposition 98.

KMTG will follow the news and keep you posted.

Meghan Covert Russell

President Unveils Plan to Provide NCLB Waivers

Last week the President unveiled a plan to provide states with flexibility from the requirements of No Child Left Behind (NCLB), also known as the Elementary and Secondary Education Act (ESEA). The waiver discards the 2014 proficiency deadline originally set forth under NCLB. In order to qualify for a waiver states must demonstrate that they have a plan to address the following three areas:

• Transitioning to college and career-ready standards and assessments;
• Developing systems of differentiated recognition, accountability and support; and
• Evaluating and supporting teacher and principal effectiveness.

The waiver would be in effect through 2014, in an attempt to allow states time while Congress attempts to complete an ESEA-reauthorization bill.

More information is available on the Department of Education’s Blog.

Meghan Covert Russell

US Department of Education Releases Final Regulations for Part C of the IDEA

The US Department of Education has finalized regulations that pertain to the Early Intervention Program under Part C of the Individuals with Disabilities Education Act (IDEA), which was amended in 2004. Part C is a $436 million program administered by the states that serves infants and toddlers up to age two who are diagnosed with physical or mental disabilities that may result in developmental delays.

As educators know, early identification and treatment of children with disabilities is essential for their later success. These regulations provide over 900 pages of guidance for individuals who work with children under Part C of the IDEA.

For more information please visit the US Department of Education’s website.

The final regulations are available online and will be published in the Federal Registrar: http://www2.ed.gov/policy/speced/reg/idea/part-c/idea-part-c-final-regs.pdf

Meghan Russell Covert

Florida Teachers’ Union Challenges Merit-based Pay Law

Earlier this year Florida passed a law that would eliminate tenure for newly hired teachers beginning this year and that requires school districts to implement a merit-based compensation system, linking teacher compensation to student achievement, by 2014. The Florida Education Association (“FEA”) filed suit this week alleging that the law unconstitutionally alters how teachers are paid and evaluated and denies teachers right to collective bargaining.

Although not the only state to tackle issues of tenure and teacher evaluations, Florida is thus far the only state to require a merit-based pay system statewide.

Meghan Covert Russell

Student Fees Bill Sent to Governor for Signature

AB 165 has passed through the Legislature and sent to the Governor for signature. This bill was introduced as part of the ACLU Student Fees lawsuit tentative settlement agreement. See January 11, 2011 Legal Alert.

The ACLU lawsuit was filed in September 2010 against the State of California and Governor Schwarzenegger alleging public school districts were charging impermissible fees to students in violation of the California Constitution’s free school guarantee. The lawsuit was tentatively settled in December 2010 but that settlement required both parties to engage in good faith efforts to enact legislation and regulations that adopt the proposals outlined in the settlement.

AB 165 includes provisions that are substantially similar to the settlement proposals and include new enforcement mechanisms for districts and complaint procedures for parent. If signed, the provisions will become effective January 1, 2012. Districts should be reviewing their student fees now to ensure only permissible fees are charged. Watch for an updated Legal Alert.

Sally Jensen Dutcher