EdLawConnect Blog

Because of the way school facilities and technology funding has been separated and compartmentalized, we tend to think in narrow terms about how we approach new construction and modernization projects, information technology (IT) procurement, and IT system planning. There are major benefits to be drawn from a coordinated approach to these issues, which involves a comprehensive plan for IT structure. With this plan, we can design more energy efficient IT systems as our networks and data centers are built into our facilities and as we procure the equipment we plug into our networks.

On May 6, 2013, the United States District Court for the Northern District of California denied a district’s motion to dismiss an attorney’s fees action in J.B. v. San Jose Unified School District, 2013 WL 1891398, No. C-12-06358 SI (N.D. Cal. May 6, 2013). This ruling is particularly relevant to all school districts which are currently receiving increasingly more requests for independent education evaluations (“IEEs”) than in past years. In short, the Court ruled that the withdrawal of the San Jose Unified School District’s due process hearing complaint to defend its own evaluation may have conferred on J.B. (“Student”) “prevailing party” status which would entitle him to reasonable attorneys’ fees.

The Division of the State Architect is about to implement a new procedure for Field Act and access compliance certification of K-14 projects beginning June 1, 2013. There is really only one change in the law, which is a bar to potentially conflicting interests in contracting for inspection services, which will be the focus of this post. A future post will provide details about the new DSA job card process.

The ...

A previous blog touched upon recent trends in student discipline and summarized certain legislation pending at that time, which signaled a policy move toward reducing the exclusion of students from school as a result of suspensions and expulsions and, instead, implementing alternative means of discipline.

Of the four main bills introduced last year – SB 1235, AB 1729, AB 2537, and AB 2242 – only two were ...

The Supreme Court’s decision in National Federation of Independent Business v. Sebelius (2012) 132 S.Ct. 2566, settled any question surrounding the so-called “Individual Mandate” under the Patient Protection and Affordable Care Act” (“Act”). Accordingly, effective January 1, 2014, individuals, subject to limited exceptions, are required to be covered by a minimum level of health ...

The United States Citizenship and Immigration Services (“USCIS”) introduced a new Form I-9, Employment Eligibility Verification, on March 8, 2013, for immediate use, along with a new Handbook for Employers. The new form, which is identified with “version (Rev. 03/08/13)” in the lower left corner, features several new revisions:

• Expands the form from one page to two pages. The first page is to be ...

Recent developments in Court treatment of California Public Records Act (CPRA) issues has raised some concern as to possible Court expansion of the scope of records that a public agency may be compelled to produce.  We want to share these concerns with you, so that you can better prepare to meet increasingly challenging requirements as Courts expand the scope of the CPRA.

Under the CPRA “public records” ...

On February 21, 2013, Senate President pro Tem Darrell Steinberg and Assembly Member Cristina Garcia introduced Senate Bill (“SB”) 520 to promote an online student access platform for students of California’s Community Colleges, the California State University, and the University of California. Proponents of the bill state SB 520 would provide for increased availability of online ...

A plaintiff claiming permanent disability stemming from on-the-job injuries suffered a significant blow to his case as a result of deleting his Facebook account. A New Jersey federal district court ruled the plaintiff’s actions merited an “adverse inference” jury instruction, meaning the jury that will eventually hear the plaintiff’s lawsuit will be notified that the plaintiff intentionally destroyed evidence he believed would harm his case. (Gatto v. United Air Lines, Inc. (D.N.J. 2013) 2013 WL 1285285.)

In 2010 Congress enacted the Federal “Patient Protection and Affordable Care Act” (“Act”) setting the stage for sweeping reform of the U.S. health care system. The most controversial provision in the Act is the “Individual Mandate” which requires every American to have a minimum level of health insurance by 2014 or face certain financial penalties. Congress used the Commerce Clause found ...