Posts from 2012.

With studies showing that concussion injuries put athletes at immediate risk for traumatic brain injuries and increased long-term cumulative risks for early onset dementia, clinical depression, Parkinson’s disease, and Alzheimer’s disease, school districts are looking to protect their student-athletes from physical harm and themselves from exposure to legal liability for that harm.  Recent ...

Categories: Student Issues

On August 31, 2012, AALRR attorneys Irma Rodriguez Moisa and Sharon J. Ormond obtained a unanimous jury defense verdict in favor of The Regents of the University of California after a 14-day jury trial.  The Plaintiff, James Friedman, was laid off from his position at the University of California at Los Angeles in April 2010 after a reorganization of his unit resulted in his position being eliminated.  He filed suit in September 2010 against the Regents, alleging: age and religious creed discrimination in violation of the Fair Employment and Housing Act (FEHA); retaliation for protesting or opposing of age and gender discrimination in his department in violation of the FEHA; failure to take steps to prevent retaliation from occurring in violation of the FEHA; whistleblower retaliation under California Labor Code section 1102.5 for reporting alleged copyright violations; and wrongful termination in violation of public policy.  He further sued two management employees of the University, alleging defamation and intentional infliction of emotional distress.  (James Friedman v. The Regents of the University of California, et al., Los Angeles Superior Court, Case No. BC445059.)

Categories: Higher Education

When the topic of service animals arises we generally think of the rights of the individual with a disability. It’s widely known that Title II of the American with Disabilities Act (“ADA”) establishes the right for persons with disabilities to utilize service animals. Title II requires public entities, including schools, to permit use of a dog or miniature horse to do work or perform tasks for the ...

Existing law requires school districts that have declared property surplus and have passed a resolution of the intent to sell or lease the surplus property to first offer the property to certain entities specified in the Education Code and Government Code, such as cities, counties, recreation departments, special education or child care providers, depending on the type of property. The recent passage of ...

Categories: Charter Schools

Pursuant to the Individuals with Disabilities in Education Act (“IDEA”), Title 34 Code of Federal Regulations (“C.F.R.”) Section 300.502(b)(5), a student is entitled to an independent educational evaluation (“IEE”) at public expense when the public agency has conducted an evaluation with which the parent disagrees. The IDEA identifies two choices for a local education agency ...

On June 27, 2012, Governor Brown signed Assembly Bill 1464, the Budget Act of 2012 (“Budget Act”), and the Education Finance Budget Trailer Bill, Senate Bill 1016 (“Trailer Bill”). The Budget Act included a suspension of mandates concerning a body of law that is near and dear to the heart of public agencies, the Brown Act.

The Brown Act requires legislative bodies to prepare and post an agenda ...

A number of bills pending in the California Legislature reflect action by student advocates to reform approaches to student discipline that many believe lack common sense and fairness.

This push for “educational equity” and a more “thoughtful response to student misconduct” stems from studies indicating that exclusionary discipline is largely ineffective at increasing school safety or ...

Categories: Student Issues

Recently, a number of the Firm’s local public entity clients have contacted us with questions regarding the issue of “unbalanced bids.” These clients generally want to know when they should reject an unbalanced bid and the guidelines for evaluating unbalanced bids. There is little California legal authority on the subject. Typically, in the absence of California authority, this state’s courts will look to both federal procurement laws and regulations, and decisions by courts in other states. Section 15.814, 48 Code of Federal Regulations, defines a “mathematically unbalanced” bid as a bid “based on prices which are significantly less than cost for some contract line items and significantly overstated in relation to cost for others.” A bidder will typically submit an unbalanced bid with either or both of two goals: 1) To manipulate the bidding process in its favor to win award of the contract, even though the public entity would ultimately pay a higher total price for the goods or services; and 2) To improve their cash flow by front loading a bid’s payment schedule.

As an investigative device, some employers, colleges, and universities have been asking employees, applicants for employment, and students for passwords to their social media accounts. Others have asked employees to sit down with managers to review their social media content or fully print out their social media pages. The practice remains a hot topic in the news because social media accounts, such as ...

When a student is in an accelerated program for gifted and talented students, it is important to remember that qualification for advanced placement (“AP”) does not mean the student may not also qualify for special education or be identifiable as a person with a disability. When the topic of special education students in AP classes arises, there are two frequently asked questions that we will explore ...

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