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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/?pfstyle=wp (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/?pfstyle=wp (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/?pfstyle=wp (2016-02-17)
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  • Blog | Kingsley Bogard | Attorneys | Folsom, CA - Part 3
    specific purposes With certain exceptions leave granted under CFRA and FMLA apply simultaneously with leave that is common to both Read More E mail Print PDF AB 420 Willful Defiance Tuesday January 27 2015 As previously written Education Code section 48900 subdivision k allows students to be suspended or expelled for willful defiance of teachers or administrative staff At the beginning of 2015 this will no longer be allowed in many cases As of January 1 2015 students in kindergarten or grades 1 through 3 may no longer be Read More E mail Print PDF AB 1442 School Districts Gathering of Social Media Restrained Notice Required Tuesday January 27 2015 Some school districts or county offices of education have opted to collect information posted by their students through social media While this practice is still permitted Assembly Bill 1442 effective January 1 2015 introduces a number of requirements and restrictions that school districts need to be aware of Specifically districts may only gather data that Read More Posts navigation Older posts Newer posts More Articles Proposed Legislation Regarding Classified Employee Layoffs California Voting Rights Act Are Categorically Funded Certificated Hires Temporary Employees One to One Credential Match May be Required for Certificated Categorical Back Fill Temporary Employees Federal Law Broadens Accommodations for Lactating Employees Governor Vetoes Legislation Which Would Have Required Reimbursement for Impermissible Student Fees AB 165 Non Medical School Employees May Administer Antiseizure Medication SB 931 EERA Legal Advisor Prohibition Governor Indicates Layoffs are Still Okay After AB 114 State Budget Acts of 2011 and AB 114 Annual Parent Notices Are You in Compliance Classified Employees in Non Merit System Districts Who are Laid Off Must Serve a Probationary Period if They are Re Employed by the District in a Different Position Redevelopment Agencies Add Further Strain to

    Original URL path: http://kblegal.us/blog/page/3/ (2016-02-17)
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  • CA Charter Schools Association to LAUSD: ‘We’re Not the Problem’ |
    Contact Us Search for E mail Print PDF CA Charter Schools Association to LAUSD We re Not the Problem Wednesday July 29 2015 kblegal http laschoolreport com ca charter schools association to lausd were not the problem Post navigation Next Previous Our Attorneys Robert E Kingsley Partner Kim Kingsley Bogard Partner Paul R Gant Partner Patrick J Kernan Of Counsel Kristin D Lindgren Vera M Bezdicek Ethan T Retan Kingsley

    Original URL path: http://kblegal.us/ca-charter-schools-association-to-lausd-were-not-the-problem/ (2016-02-17)
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  • Lacking State Bond Money, LEAs ask for Borrowing Relief |
    Blog Contact Us Search for E mail Print PDF Lacking State Bond Money LEAs ask for Borrowing Relief Tuesday July 7 2015 kblegal https www cabinetreport com facilities lacking state bond money leas ask for borrowing relief Post navigation Next Previous Our Attorneys Robert E Kingsley Partner Kim Kingsley Bogard Partner Paul R Gant Partner Patrick J Kernan Of Counsel Kristin D Lindgren Vera M Bezdicek Ethan T Retan Kingsley

    Original URL path: http://kblegal.us/lacking-state-bond-money-leas-ask-for-borrowing-relief/ (2016-02-17)
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  • LEAs Face Health Care Enrollment Mandate this Fall |
    Blog Contact Us Search for E mail Print PDF LEAs Face Health Care Enrollment Mandate this Fall Tuesday July 7 2015 kblegal https www cabinetreport com human resources leas face health care enrollment mandate this fall Post navigation Next Previous Our Attorneys Robert E Kingsley Partner Kim Kingsley Bogard Partner Paul R Gant Partner Patrick J Kernan Of Counsel Kristin D Lindgren Vera M Bezdicek Ethan T Retan Kingsley Bogard

    Original URL path: http://kblegal.us/leas-face-health-care-enrollment-mandate-this-fall/ (2016-02-17)
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  • Lawsuit Claims L.A. Unified to Illegally Divert $2 Billion Intended to Serve High-Need Students |
    Contact Us Search for E mail Print PDF Lawsuit Claims L A Unified to Illegally Divert 2 Billion Intended to Serve High Need Students Tuesday July 7 2015 kblegal https www aclusocal org pr coco v lausd Post navigation Next Previous Our Attorneys Robert E Kingsley Partner Kim Kingsley Bogard Partner Paul R Gant Partner Patrick J Kernan Of Counsel Kristin D Lindgren Vera M Bezdicek Ethan T Retan Kingsley

    Original URL path: http://kblegal.us/lawsuit-claims-l-a-unified-to-divert-2-billion-intended-to-serve-high-need-students/ (2016-02-17)
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