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  • Redevelopment Agencies Add Further Strain to District Budgets | Kingsley Bogard | Attorneys | Folsom, CA |
    days of receiving it rejection is only appropriate where the districts have substantial evidence that the RDA will not be able to pay both its debts and any pass through payment the districts are statutorily entitled to In sum Any district that has received a request from an RDA to subordinate its share of pass through payments has forty five 45 days from receipt of the request to accept or reject the request CA Health and Safety Code 33607 5 e 3 A district may only reject the request if it has substantial evidence that the RDA will not be able to both pay its debts and statutorily required pass through payments to the district CA Health and Safety Code 33607 5 e 3 If a district fails to timely respond to the RDA subordination request the pass through payments will be automatically subordinated CA Health and Safety Code 33607 5 e 3 In light of the current financial constrains that districts are having to adjust to any additional threat to the receipt of statutorily mandated monies must not be taken lightly Therefore if a district has received a pass through subordination request from an RDA it should be on notice that failure to submit a timely response could result in the forfeiture of such pass through payments Kingsley Bogard is more than happy to assist with any questions regarding these RDA requests Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932 2510 fax admin kblegal us Return to Blog Home Page Post navigation Next Previous Article List by Title Recent PERB Cases May Expand Right to Union Representation in Meetings Emergency Changes to Healthy Workplace Healthy Families Act Add Flexibility to Accrual of Paid Sick Leave Governor signed SB 277

    Original URL path: http://kblegal.us/redevelopment-agencies-add-further-strain-to-district-budgets/ (2016-02-17)
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  • Keeping Options Open | Kingsley Bogard | Attorneys | Folsom, CA |
    for next year The looming question is how to preserve Board District options until the picture is clarified Three issues are potentially huge 1 MARCH 15 TH CERTIFICATED LAYOFFS How large should the layoff be in order to protect District interests There is always the option of scaling back the scope of the layoff as more facts become known Except as noted in 2 below however we cannot increase the scope of the layoff after March 15th 2 AUGUST 15 TH CERTIFICATED LAYOFFS The wording of Education Code section 44955 5 is unusual and the Legislature has a demonstrated track record of being late in adopting the budget As a result while supplemental layoffs are possible they are not assured 3 NEGOTIATIONS COMPENSATION REDUCTIONS Because cuts late in the year or even in 2011 2012 may be necessary it is in the District s interest to preserve options Action before July 1 if possible is certainly prudent If a district finds itself in a state of uncertainty as July 1 approaches we recommend adoption of a Resolution prior to July 1 2011 which a sunshines an initial proposal to each bargaining unit and b notifies non represented employees of a potential reduction in compensation This will negate arguments that changes cannot be made after July 1 without prior notice Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932 2510 fax admin kblegal us Return to Blog Home Page Post navigation Next Previous Article List by Title Recent PERB Cases May Expand Right to Union Representation in Meetings Emergency Changes to Healthy Workplace Healthy Families Act Add Flexibility to Accrual of Paid Sick Leave Governor signed SB 277 which eliminates the personal belief exemption from student immunization requirements SB 272 Local Agency

    Original URL path: http://kblegal.us/keeping-options-open/ (2016-02-17)
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  • Budget, Layoff and Negotiations | Kingsley Bogard | Attorneys | Folsom, CA |
    1 Billion in program cuts 1 6 Billion from Medi Cal 1 5 Billion from CalWorks 500 Million from the UC CSU 750 Million from Developmental Services 486 Million from In Home Support services and 308 Million from cuts to State workers pay The pessimistic view assumes that the Governor is not successful in generating 12 5 Billion in revenue extensions and modifications The results of the election will not be known until June and will have a 4 Billion effect on State Funding 51 5 Billion if approved vs 47 5 Billion if defeated As a result school districts will almost universally be forced to take the following steps for 2011 2012 Adopt two budgets one that assumes passage of the ballot measure and one that assumes failure Pending the results of the June election for planning purposes assume that the funding guarantee is 47 5 Billion Not spend or commit the additional 250 per ADA which was provided on top of the May Revise funding level Conduct layoffs of certificated staff this Spring in appropriate numbers perhaps up to contractual limits Ensure that reopeners for 2011 2012 have been sunshined and that a negotiations timeline has been explored and is in progress that will give the district the flexibility to deal with a failed tax measure Engage in actual good faith bargaining with certificated and classified unions as soon as possible We believe that acting proactively and with foresight coupled with cautious conservative and alternative budgeting will give the district the greatest chance of getting through the budget crisis in the best possible position Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932 2510 fax admin kblegal us Return to Blog Home Page Post navigation Next Previous Article List

    Original URL path: http://kblegal.us/budget-layoff-and-negotiations/ (2016-02-17)
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  • Department of Education Changes Maintenance of Effort Regulations Governing the Individuals with Disabilities Education Act |
    receive IDEA funding they must demonstrate that the funds merely supplement as opposed to supplant agency expenditures on special education To ensure that IDEA funds are only supplementary agencies must annually show that local special education expenditures have not decreased from the previous year This is referred to as IDEA s maintenance of effort MOE requirement However existing regulations contain a loophole of sorts if an agency s local special education expenditures decreased one year that lower total formed the expenditure baseline for the following year On July 1 2015 this loophole will be closed New regulations will require that agencies spend as much on special education as they did in the last compliant year The new regulations will also clarify the funding source used to demonstrate an agencies maintenance of effort This post is not intended as legal advice If you would like to discuss the effect that these new regulations may have on your district please contact our office Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932 2510 fax admin kblegal us Post navigation Next Previous Article List by Title Recent PERB Cases May Expand Right to Union Representation in Meetings Emergency Changes to Healthy Workplace Healthy Families Act Add Flexibility to Accrual of Paid Sick Leave Governor signed SB 277 which eliminates the personal belief exemption from student immunization requirements SB 272 Local Agency Data Inventory Department of Education Changes Maintenance of Effort Regulations Governing the Individuals with Disabilities Education Act Proposed Law Adds Clarification and Teeth to Illegal Pupil Fees Complaint Procedure Attorney Billing Statements Exempt from PRA Disclosure Trial Court Finds School Districts May Not Charge for Copies Made to Redact Exempt Information from PRA Request SB 1405 Schools Must Report Some Pesticide Use to

    Original URL path: http://kblegal.us/department-of-education-changes-maintenance-of-effort-regulations-governing-the-individuals-with-disabilities-education-act/ (2016-02-17)
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  • Proposed Law Adds Clarification – and Teeth – to Illegal Pupil Fees Complaint Procedure |
    Members of the public who believe that an illegal pupil fee has been charged may file a complaint with the school district If the district finds merit in the complaint it must make reasonable efforts to reimburse all parties who may have been subject to the illegal fee Even though existing law requires that all parties affected by an illegal fee be reimbursed if a pupil fee complaint is found to have merit some districts reimburse only the complainant Senate Bill 320 a proposed law before the California Legislature seeks to prohibit District pupil fee remedies that would resolve a complaint by providing a remedy to the complainant without also providing a remedy to all affected parties The Bill would also allow the Superintendent to verify and ensure compliance with proper pupil fee complaint procedures For example the Superintendent can require a school district to submit proof that they have remedied a pupil fee complaint correctly or require the district superintendent to appear and explain any failures While SB 320 is only proposed legislation it is important to make sure that your district is following the law as it relates to pupil fees If you have any questions about pupil fees or any other legal issue affecting your district please contact Kingsley Bogard Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932 2510 fax admin kblegal us Post navigation Next Previous Article List by Title Recent PERB Cases May Expand Right to Union Representation in Meetings Emergency Changes to Healthy Workplace Healthy Families Act Add Flexibility to Accrual of Paid Sick Leave Governor signed SB 277 which eliminates the personal belief exemption from student immunization requirements SB 272 Local Agency Data Inventory Department of Education Changes Maintenance of Effort Regulations Governing

    Original URL path: http://kblegal.us/proposed-law-adds-clarification-and-teeth-to-illegal-pupil-fees-complaint-procedure/ (2016-02-17)
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  • Attorney Billing Statements Exempt from PRA Disclosure |
    attorney s representation will be exempt from disclosure under the PRA Importantly this case s holding would allow such billing records to be withheld even if they are not related to pending litigation A copy of the case is available here The facts of the case are familiar to most agencies The ACLU seeking to show that that the Los Angeles Board of Supervisors was improperly spending public money on legal representation requested copies of all billing statements related to several lawsuits filed against the County The County refused to produce many of the statements because they were exempt from disclosure under the PRA and the attorney client privilege The ACLU disagreed and filed a lawsuit to compel the statements disclosure The ACLU argued that the statements were not privileged because they did not discuss any of the attorneys legal opinions or advice The Court disagreed The Court held that all confidential communications between an attorney and client and related to the attorney s representation were privileged regardless of content Since attorney billing statements meet both of these requirements they are exempt from the PRA There is a strong chance that this case will be challenged in the California Supreme Court If appealed the case is not controlling Contact legal counsel to determine the impact that this case could have on any Public Records Act requests received by your agency Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932 2510 fax admin kblegal us Post navigation Next Previous Article List by Title Recent PERB Cases May Expand Right to Union Representation in Meetings Emergency Changes to Healthy Workplace Healthy Families Act Add Flexibility to Accrual of Paid Sick Leave Governor signed SB 277 which eliminates the personal belief exemption from student

    Original URL path: http://kblegal.us/attorney-billing-statements-exempt-from-pra-disclosure/ (2016-02-17)
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  • Trial Court Finds School Districts May Not Charge for Copies Made to Redact Exempt Information from PRA Request |
    Pawooskar was concerned about the amount of money Redlands Unified School District District spent defending against her requests for special education services for her son To better quantify these costs Ms Pawooskar made a large PRA request encompassing over 11 000 pages of records The District told Ms Pawooskar that she would be required to pay for copies at the rate of 25 cents per page an increase over the District s typical ten cents per page because PRA requests were processed by higher salaried senior classified management staff Ms Pawooskar declined to pay the increased fee and requested to inspect the documents during the District s business hours The District informed Ms Pawooskar that nearly all of the records she requested needed to be copied in order to redact exempt material As a result there were only 164 pages that she would be allowed to view for free Ms Pawooskar disagreed and filed suit to compel the District to a allow her to inspect the documents free of charge and b obtain copies regardless of whether redaction was required at the typical rate of only ten cents per page Ms Pawooskar argued that Government Code section 6253 subdivision a required that she be permitted to inspect not copy records during the District s business hours and that fees for inspection were not permitted The Court agreed In essence the Court found that the District had improperly mixed two distinct concepts the rules governing the public inspection of documents and the rules governing the public s right to obtain copies of documents The Court determined that the public has a right to inspect all records during an agency s business hours If those records require redaction the agency must provide a redacted version of those records for public inspection free of charge According to the Court an agency may only charge for copies if those copies are requested in the PRA request It may not mandate that copies be made for the purpose of redaction The Court also found that the copy fee charged by the District was unwarranted The Court found that only the direct costs of duplication could be recovered under the PRA and these costs included the cost of running the copy machine and the salary of the person operating it Ancillary costs related to the retrieval inspection and handling of the records could not be charged While the District used higher salaried staff to fulfill PRA requests the Court found that the only reason for using higher salaried staff to perform copies would be if they were used to inspect each document to determine if it needed to be redacted Since inspection is a non recoverable ancillary cost it could not support the increased cost the District charged for PRA request copying As a result the Court ordered the District to charge no more than ten cents per copy which was the cost the District charged for the duplication of other documents such as student records

    Original URL path: http://kblegal.us/trial-court-finds-school-districts-may-not-charge-for-copies-made-to-redact-exempt-information-from-pra-request/ (2016-02-17)
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  • SB 1405 – Schools Must Report Some Pesticide Use to Department of Pesticide Regulation; Develop Integrated Pest Management Plan |
    pesticides If pesticides must be used the plan should focus on using those that are the least hazardous The Bill requires that schools develop an IPM plan if certain pesticides are used If an IPM plan is required the school must post the plan online If the school or district does not have an online presence it must provide a copy of the IPM plan as part of its annual pesticide notice to staff and parents as required by Education Code section 17612 Mandatory Reporting of Some Pesticide Use to Department of Pesticide Regulation The law already requires schools to keep a record of all pesticides used on school grounds The Bill requires that schools annually submit these records to the Department of Pesticide Regulation if the school chooses to use certain pesticides as defined by statute Mandatory Training of All Staff Applying Pesticides Beginning July 1 2016 any individual who intends to apply pesticides on school grounds in the course of his or her work must annually complete a training course provided by the Department of Pesticide Regulation This training will focus on the use of integrated pest management and the safe use of pesticides on school sites and near children Similarly any individual hired by a school to apply pesticide on school grounds such as contractors must also complete this training although it need not be provided by the Department of Pesticide Regulation Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932 2510 fax admin kblegal us Post navigation Next Previous Article List by Title Recent PERB Cases May Expand Right to Union Representation in Meetings Emergency Changes to Healthy Workplace Healthy Families Act Add Flexibility to Accrual of Paid Sick Leave Governor signed SB 277 which eliminates the

    Original URL path: http://kblegal.us/sb-1405-schools-must-report-some-pesticide-use-to-department-of-pesticide-regulation-develop-integrated-pest-management-plan/ (2016-02-17)
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