EdLawConnect Blog

Since the advent of the cellular phone camera, nearly every high school student is equipped to surreptitiously videotape his/her teacher.  While this practice is statutorily-prohibited, what happens when a student breaks the rule and the cellular phone video depicts an image that would subject the teacher to discipline?

To be clear, the Education Code expressly prohibits surreptitiously videotaping a ...

In another blow to California school employers, a Court of Appeal has ruled that in a certificated dismissal or suspension proceeding, the employee is entitled to an award of expenses and attorney’s fees if the district withdraws its accusation against the employee after deciding to proceed to hearing, but before the hearing starts. The ruling clarifies that where an accusation is withdrawn it necessarily follows that the Commission on Professional Competence rule that the employee “should not be dismissed or suspended” within the meaning of Education Code section 44944(c)(1). Such a ruling entitles the employee to all expenses incurred defending against the accusation, including attorney’s fees.