• Posts by Todd Goluba
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    Todd Goluba heads the firm’s Northern California Education Law Practice Group. He has over 22 years of experience in education law and serves as outside General Counsel to over 25 school districts, community college districts ...

The Education Code currently provides that students enrolled in grades K through 3 may not be suspended pursuant to Education Code 48900(k).  Furthermore, no student regardless of grade level may be recommended for expulsion based on a violation of that provision.  Senate Bill (SB) 419, introduced by Sen. Nancy Skinner (D-Berkeley) on February 21, 2019, would expand the existing ban on suspensions for violations of 48900(k) to students enrolled in grades 4 through 8.  In addition, the ban would also extend to students enrolled in grades 9 through 12, but this provision is scheduled to sunset on January 1, 2025.  The proposed bill also applies the ban to charter schools.

The New Law (SB 395)

Effective January 1, 2018, a California minor age 15 or under must consult with an attorney before he/she can give a confession to a law enforcement officer in a custodial setting which would be legally admissible in a court of law. (SB 395, Welfare and Institutions Code § 625.6.)  The consultation with the attorney can occur by phone or video conference.  Neither the minor nor the minor’s s ...

California has taken an important step in protecting students from being subjected to sexual misconduct by teachers. Recently, the California legislature enacted AB 872, which makes all sex offenses that require registration as a sex offender now also result in the immediate suspension of a teacher’s credential. The bill amends Education Code Section 44010 to add Penal Code Section 288.2, which relates ...

Senate Bill 792 (“SB 792”), which went into effect on September 1, 2016, requires employees and volunteers of day care centers (including preschools) licensed by the California Department of Social Services (“CDSS”) to be vaccinated for influenza, pertussis, and measles. The author of SB 792, Senator Mendoza, captured the legislative intent of the bill in the Comments to the Senate Bill Analysis:

With studies now showing that “sudden cardiac arrest” is one of the leading causes of death for young people under the age of 25 and student-athletes at a greater risk due to more frequent physical exertion, school districts have been looking for ways to protect student-athletes from physical harm and to reduce potential legal liability.  A new law now addresses this issue.

In the fall of 2016, the ...

Categories: Student Issues

On November 22, 2016, the State Chancellor's Office for California Community Colleges and the Statewide EEO and Diversity Advisory Committee published a new EEO and Diversity Best Practices Handbook.  This Handbook provides examples of community colleges which have implemented each of the nine “multiple methods” of promoting Equal Employment Opportunity (“EEO”).  The full Handbook containing ...

Categories: Higher Education

Earlier this year the Equal Employment Opportunity Commission (EEOC) published an official Final Rule to amend the Regulations and the accompanying Interpretive Guidance implementing Title I of the Americans with Disabilities Act (ADA).  This Final Rule affects all wellness programs that include disability-related inquiries and/or medical examinations and requires that all health programs must be ...

On June 7, 2016, the U.S. Department of Education’s Office for Civil Rights (OCR) provided the public with a “First Look” at the data gathered during its biennial Civil Rights Data Collection (CRDC) for the 2013-2014 school year.

In its accompanying press release, OCR highlighted data points that reveal persistent disparities in educational equity and opportunity for students across several key ...

On June 30, 2015, the U.S. Supreme Court agreed to take up the case of Friedrichs v. California Teachers Association - a case that challenges California’s “agency fee” laws.  While this case will not be heard and decided until next year, public sector unions in California are already mobilizing a response to this potential threat to their financial coffers.

“Agency fees” or as unions prefer to call ...

Categories: Labor/Employment

During the 2015-2016 school year, many school districts will be studying changes to their teacher evaluation instruments and proposing changes to teacher evaluation procedures at the bargaining table.  High profile litigation filed recently in Contra Costa County, alleging unlawful collective bargaining agreement language in thirteen districts across the state, has highlighted the issue during the ...

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