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  • PERB Orders Extensive Back Pay Remedy for Failure to Bargain Effects of Classified Layoff |
    required to bargain over effects of the layoff decision Based on the factual recitation set forth in the decision the district clearly erred in how it handled the demand to bargain It failed to come to the table even when CSEA provided a detailed proposal on the matter PERB s remedy for the district s failure was however unusually punitive In addition to requiring the district to go to the table and complete negotiations over effects of the layoff PERB imposed a back pay remedy and a front pay remedy While not clear it appears the back pay remedy runs from the date the district approved the layoffs in May 2010 through the end of the bargaining process whenever it is completed This represents a significant sum of money This case points out the need for employers to acknowledge demands to bargain effects The consequences for failing to do so can be severe Such demands have become increasingly common as PERB continues to issue decisions which increase employer obligations regarding effects bargaining Kingsley Bogard LLP has developed strategies for addressing demands for effects bargaining that can assist school districts in avoiding outcomes like this 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

    Original URL path: http://kblegal.us/perb-orders-extensive-back-pay-remedy-for-failure-to-bargain-effects-of-classified-layoff/ (2016-02-17)
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  • AB 2127 – Concussions and Head Injuries: Full-Contact Football Practices |
    January 1 2015 establishes more stringent safety standards for athletic programs related to concussions and head injuries and will limit full contact football practice for middle school and high school teams In summary Section 49475 will be amended as follows Student athletes who are suspected of sustaining a concussion or head injury or have sustained a concussion or head injury shall not return to the sport unless and until he she receives written clearance from a licensed health care provider If a licensed health care provider determines that a student athlete sustained a concussion or head injury the athlete must also complete a graduated return to play protocol for at least seven 7 days under the supervision of a licensed health care provider In summary Section 35179 5 will Prohibit full contact football practice during the off season Allow only two 2 full contact football practices per week during the pre season and regular season Limit full contact football practices to only ninety 90 minutes in any single day Please contact Kingsley Bogard with any questions 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

    Original URL path: http://kblegal.us/ab-2127-concussions-and-head-injuries-full-contact-football-practices/?pfstyle=wp (2016-02-17)
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  • AB 2127 – Concussions and Head Injuries: Full-Contact Football Practices |
    January 1 2015 establishes more stringent safety standards for athletic programs related to concussions and head injuries and will limit full contact football practice for middle school and high school teams In summary Section 49475 will be amended as follows Student athletes who are suspected of sustaining a concussion or head injury or have sustained a concussion or head injury shall not return to the sport unless and until he she receives written clearance from a licensed health care provider If a licensed health care provider determines that a student athlete sustained a concussion or head injury the athlete must also complete a graduated return to play protocol for at least seven 7 days under the supervision of a licensed health care provider In summary Section 35179 5 will Prohibit full contact football practice during the off season Allow only two 2 full contact football practices per week during the pre season and regular season Limit full contact football practices to only ninety 90 minutes in any single day Please contact Kingsley Bogard with any questions 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

    Original URL path: http://kblegal.us/ab-2127-concussions-and-head-injuries-full-contact-football-practices/ (2016-02-17)
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  • California Supreme Court to Review Court of Appeal’s Decision Exempting Private Electronic Communications from Disclosure Under California Public Records Act |
    to disclosure in response to a PRA request In 2009 Ted Smith submitted a PRA request to the City of San Jose requesting disclosure of voicemails emails and texts sent or received on personal electronic devices used by the major members of the city council and staff Copies of records stored on the City s servers and communications sent to or from private electronic devices using public accounts were produced Communications sent from an individual s personal electronic accounts however that were only stored on an individual s personal device or server were not provided Smith subsequently filed a lawsuit with the superior court requesting declaratory relief and production of the records at issue The superior court ultimately ordered the City to produce copies of responsive communications sent or received by public officials and employees on their private electronic devices using their private accounts This ruling was issued despite the fact the City lacked direct access to the private accounts The City appealed the matter to the Sixth District Court of Appeal which issued the subject opinion A petition for review of the Sixth District Court of Appeal was subsequently submitted to the California Supreme Court The Court granted the petition on June 25 2014 Public agencies will be required to comply with the Supreme Court s decision once issued Furthermore public agencies should be aware that the Sixth District Court of Appeal s opinion in City of San Jose v Superior Court is hereby superseded by the Supreme Court s decision to review the ruling Information regarding the status of this case will be provided as it becomes available This is not intended to substitute as legal advice If you have specific questions about City of San Jose v Superior Court Smith please contact our office Kingsley Bogard LLP

    Original URL path: http://kblegal.us/california-supreme-court-to-review-court-of-appeals-decision-exempting-private-electronic-communications-from-disclosure-under-california-public-records-act/?pfstyle=wp (2016-02-17)
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  • California Supreme Court to Review Court of Appeal’s Decision Exempting Private Electronic Communications from Disclosure Under California Public Records Act |
    to disclosure in response to a PRA request In 2009 Ted Smith submitted a PRA request to the City of San Jose requesting disclosure of voicemails emails and texts sent or received on personal electronic devices used by the major members of the city council and staff Copies of records stored on the City s servers and communications sent to or from private electronic devices using public accounts were produced Communications sent from an individual s personal electronic accounts however that were only stored on an individual s personal device or server were not provided Smith subsequently filed a lawsuit with the superior court requesting declaratory relief and production of the records at issue The superior court ultimately ordered the City to produce copies of responsive communications sent or received by public officials and employees on their private electronic devices using their private accounts This ruling was issued despite the fact the City lacked direct access to the private accounts The City appealed the matter to the Sixth District Court of Appeal which issued the subject opinion A petition for review of the Sixth District Court of Appeal was subsequently submitted to the California Supreme Court The Court granted the petition on June 25 2014 Public agencies will be required to comply with the Supreme Court s decision once issued Furthermore public agencies should be aware that the Sixth District Court of Appeal s opinion in City of San Jose v Superior Court is hereby superseded by the Supreme Court s decision to review the ruling Information regarding the status of this case will be provided as it becomes available This is not intended to substitute as legal advice If you have specific questions about City of San Jose v Superior Court Smith please contact our office Kingsley Bogard LLP

    Original URL path: http://kblegal.us/california-supreme-court-to-review-court-of-appeals-decision-exempting-private-electronic-communications-from-disclosure-under-california-public-records-act/ (2016-02-17)
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  • Blog | Kingsley Bogard | Attorneys | Folsom, CA - Part 6
    warrantless searches conducted incident to a lawful arrest finding that such searches Read More E mail Print PDF Legislature Passes Budget Trailer Bill with Cap on Reserves Thursday June 19 2014 On June 15 2014 the Legislature passed the State budget Part of the budget agreement was a cap on school district reserves set forth in AB 1463 AB 1463 is the trailer bill on K 12 issues Historically districts have been required to maintain a minimum reserve the new cap on school district reserves sets a Read More E mail Print PDF Court Finds Teacher Tenure Dismissal and Layoff Statutes Unconstitutional Decision Stayed Pending Appeal Wednesday June 11 2014 The Los Angeles Superior Court has issued a ruling declaring that the following statutes regarding employment of public school teachers are unconstitutional and enjoining their enforcement Education Code section 44929 21 Permanent Status Tenure Education Code section 44934 Charges and Notice of Intention to Dismiss or Suspend Education Code section 44398 b 1 and 2 Unsatisfactory Performance Education Code 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

    Original URL path: http://kblegal.us/blog/page/6/ (2016-02-17)
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  • Change in Federal Monitoring of States’ Special Education Programs |
    students every two years States are placed in four categories for this purpose 1 meets requirements 2 needs assistance 3 needs intervention or 4 needs substantial intervention Under the old accountability framework California was listed as meets requirements Under the new accountability framework however California is listed as the second to worst category needs intervention one year With regard to students aged birth through two years California has been at the substantial intervention level for four years even under the old accountability framework In fact under the old standards 41 states were classified as meets requirements Under the new standards only 18 are classified as meets requirements According to the U S Department of Education If a State needs intervention for three consecutive years the Department must take one or more enforcement actions including among others requiring a corrective action plan or compliance agreement or withholding further payments to the State This new focus on results is part of a general trend in which the U S Department of Education has focused on test scores California s status as needs intervention is something that will be addressed initially at the State level by the California Department of Education On June 23 2014 the U S Department of Education s Office of Special Education and Rehabilitative Services sent a letter to Tom Torlakson notifying him of California s status as needs intervention School districts can assume that this will trickle down to them as the State attempts to meet the federal compliance standards Specific information about the accountability framework and the matrix utilized by OSEP can be found here http www2 ed gov fund data report idea sppapr html Please contact Kingsley Bogard LLP with any questions Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932

    Original URL path: http://kblegal.us/change-in-federal-monitoring-of-states-special-education-programs/?pfstyle=wp (2016-02-17)
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  • Change in Federal Monitoring of States’ Special Education Programs |
    students every two years States are placed in four categories for this purpose 1 meets requirements 2 needs assistance 3 needs intervention or 4 needs substantial intervention Under the old accountability framework California was listed as meets requirements Under the new accountability framework however California is listed as the second to worst category needs intervention one year With regard to students aged birth through two years California has been at the substantial intervention level for four years even under the old accountability framework In fact under the old standards 41 states were classified as meets requirements Under the new standards only 18 are classified as meets requirements According to the U S Department of Education If a State needs intervention for three consecutive years the Department must take one or more enforcement actions including among others requiring a corrective action plan or compliance agreement or withholding further payments to the State This new focus on results is part of a general trend in which the U S Department of Education has focused on test scores California s status as needs intervention is something that will be addressed initially at the State level by the California Department of Education On June 23 2014 the U S Department of Education s Office of Special Education and Rehabilitative Services sent a letter to Tom Torlakson notifying him of California s status as needs intervention School districts can assume that this will trickle down to them as the State attempts to meet the federal compliance standards Specific information about the accountability framework and the matrix utilized by OSEP can be found here http www2 ed gov fund data report idea sppapr html Please contact Kingsley Bogard LLP with any questions Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932

    Original URL path: http://kblegal.us/change-in-federal-monitoring-of-states-special-education-programs/ (2016-02-17)
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