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  • Non-Medical School Employees May Administer Antiseizure Medication | Kingsley Bogard | Attorneys | Folsom, CA |
    plan program 2 The school may ask the parent to sign a notice verifying that he she was given information about the 504 plan and IEP and that the parent understands that he she has the right to request a 504 plan or IEP at any time B No more than twice a year per child whose parents have may a request as stated above the school must distribute an electronic notice to all staff requesting volunteers to be trained to administer antiseizure medication in the absence of a nurse The notice must include in bold print information about the antiseizure medication a description of the training and the voluntary nature of the program C In order for a nonmedical employee to administer antiseizure medication to a student the student s parent must provide written consent D The nonmedical employee shall only administer antiseizure medication to a student in the absence of a nurse E A properly trained nonmedical employee who has previously agreed to administer antiseizure medication may be required to administer such medication unless he she has rescinded his her offer to administer such medication An employee may rescind an offer to administer antiseizure medication 1 Up to three 3 days after completion of the voluntary training or 2 By providing a two 2 week notice or rescission or until a new individual health plan or 504 plan has been developed for an affected pupil whichever is less This is only a general summary of the new requirements should you like a more detailed explanation of SB 161 or require advice regarding a specific matter please contact our office at 916 932 2500 or email us at admin kblegal us Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932

    Original URL path: http://kblegal.us/non-medical-school-employees-may-administer-antiseizure-medication/?pfstyle=wp (2016-02-17)
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  • SB 931 – EERA Legal Advisor Prohibition | Kingsley Bogard | Attorneys | Folsom, CA |
    2011 2012 session an amendment to the Educational Employment Relations Act has been under consideration If passed Senate Bill 931 would prohibit public agencies from using public funds to pay external consultants or legal advisors to counsel the employer on how to minimize or deter the exercise of rights under the EERA Opponents speculate that S B 931 would create an unlawful impediment to public agencies right to seek legal counsel Opponents also argue that its wording is too vague and its application would invade the attorney client privilege On August 22 2011 S B 931 was ordered to the inactive file at the request of Assembly Member Charles Calderon The inactive file status makes it very unlikely that S B 931 would become law during this session 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 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 Department of Pesticide Regulation Develop Integrated Pest Management Plan California Family Rights Act CFRA and Family Medical Leave Act FMLA AB 420 Willful Defiance AB 1442 School Districts

    Original URL path: http://kblegal.us/sb-931-eera-legal-advisor-prohibition/?pfstyle=wp (2016-02-17)
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  • Governor Indicates Layoffs are Still Okay After AB 114 | Kingsley Bogard | Attorneys | Folsom, CA |
    we have attached a copy of the Governor s letter on AB 114 It provides substantial support that school districts retain authority to engage in prudent fiscal management for the 2011 2012 fiscal year despite the AB 114 language to maintain staffing and program levels In part the Governor states In fashioning their local budgets school boards may nevertheless need to make reductions due to cost increases loss of federal funds enrollment declines or other factors AB 114 does not interfere with these local school board decisions School boards should take all reasonable steps to balance their budgets and to maintain positive cash balances Emphasis added The Governor s letter rebuts likely union arguments that AB 114 requires a District to rescind layoff notices or otherwise maintain the exact program and staffing levels that were in place for 2010 2011 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 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 Department of Pesticide Regulation Develop Integrated Pest Management Plan California Family Rights Act CFRA and Family

    Original URL path: http://kblegal.us/governor-indicates-layoffs-are-still-okay-after-ab-114/?pfstyle=wp (2016-02-17)
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  • Blog | Kingsley Bogard | Attorneys | Folsom, CA - Part 13
    of Read More E mail Print PDF 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 Wednesday April 13 2011 In Tucker v Grossmont Union High School Dist 2008 168 Cal App 4th 640 Tucker the Court held that school districts must hire laid off employees who meet the qualifications for positions before hiring outside applicants On March 15 2011 a Court issued an opinion which further clarified the legal ramifications of classified employee reemployment rights in non merit Read More E mail Print PDF Redevelopment Agencies Add Further Strain to District Budgets Tuesday March 1 2011 Several school districts have already received or may receive letters from redevelopment agencies RDAs requesting the districts to subordinate pass through payments they receive from the RDA until the RDA pays its debts The districts have forty five 45 days to respond to any such request from the date the request was received If the districts fail 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

    Original URL path: http://kblegal.us/blog/page/13/ (2016-02-17)
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  • State Budget Acts of 2011 and AB 114 | Kingsley Bogard | Attorneys | Folsom, CA |
    of Education and School District AB 114 mandates that budgets for county superintendents county offices of education and school districts are to be based on the assumption that the revenue per unit of average daily attendance will be the same for 2011 2012 as it was for 2010 2011 i e flat funding The Bill also requires staffing and program levels to be maintained at a level commensurate with flat funding projections The requirement to maintain staffing and program levels is unclear As a result it will be subject to conflicting interpretations legal challenges and possibly clean up legislation Unions will likely argue that the intent is for an employer to provide the exact services and employ the exact number of employees as existed in 2010 2011 The more responsible argument however is that the legislature intended for public school employers to utilize flat funding projections for 2011 2012 and exercise prudent fiscal management commensurate with that level of funding Such a determination could and should take into account the long term fiscal viability of the employer These restrictions and requirements are only applicable to the 2011 2012 fiscal year B FISCAL OVERSIGHT County Superintendent and County Office of Education AB 114 strips county superintendents and county offices of education of the power duty to require school districts to demonstrate an ability to meet financial obligations for the 2012 2013 and 2013 2014 fiscal years AB 1200 review Further school districts cannot be required to project revenues for 2011 2012 below 2010 2011 levels These restrictions are applicable only for the 2011 2012 fiscal year C CERTIFICATED LAYOFFS August Mid Summer AB 114 also contains a one year suspension of the August certificated layoff window This is the provision that permits school districts to conduct a certificated layoff during the period following passage of the State budget through August 15 if per pupil revenue limit funds do not increase by at least 2 percent Since funding did not increase this would have been an option for districts to utilize At present the legislature has not imposed any restrictions on the classified layoff provisions generally 45 days notice Nor has the legislature imposed an overt requirement that prior certificated layoff notices be rescinded However depending how the requirement to maintain staffing levels is interpreted a latent mandate could require the rescission of some layoff notices D INSTRUCTIONAL DAYS Possibility of up to 7 fewer AB 114 contemplates the potential for mid year budget cuts to K 12 education of up to 1 9 billion dollars The trigger is pulled if projected revenues are 2 billion dollars or more short of projections If that happens school districts would be authorized to reduce the school year by an additional seven 7 days for the 2011 2012 school year if placed on top of the existing 5 days that are authorized this would result in a 168 day student year Such reductions however are subject to collective bargaining By the time the determination concerning

    Original URL path: http://kblegal.us/state-budget-acts-of-2011-and-ab-114/?pfstyle=wp (2016-02-17)
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  • Annual Parent Notices -- Are You in Compliance? | Kingsley Bogard | Attorneys | Folsom, CA |
    Education updated its Notice of Non Discrimination guideline to include a provision relating to the Boy Scouts of America Equal Access Act Local educational agencies LEAs must add language to their parental notification which states that the LEA provides equal access to the Boy Scouts and other designated youth groups Proposed Legislation If enacted as proposed one FERPA amendment would allow school districts to designate student identification cards badges as directory information The amendment would permit the release of the information contained on the cards badges even if a parent or eligible student opted out of the release of directory information In addition to modifying the content of the parental notice there are several proposed FERPA changes that have the potential to weaken the protections afforded to student information We are monitoring the status of the Department of Education s proposed amendments to FERPA and will keep you informed of relevant updates Because a violation of FERPA could result in a loss of federal funding this is an important issue that should not be overlooked If your agency has questions about the proposed statutory changes or would like our office to review or draft a parental notice we invite you to contact us 1 The applicable laws include by way of illustration and not limitation Education Code 48980 32225 32390 35291 46013 48205 48206 3 48207 48208 49403 49423 49451 49472 49520 and 56000 56875 2 34 C F R 99 37 a 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

    Original URL path: http://kblegal.us/annual-parent-notices-are-you-in-compliance/?pfstyle=wp (2016-02-17)
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  • 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 | Kingsley Bogard | Attorneys | Folsom, CA |
    probationary period in a new position in which she was employed The employee was employed as a School Community Liaison SCL and was notified by the District that her position was being eliminated due to lack of funds and that she would be laid off in June 2008 and placed on the 39 month reemployment list In August 2008 the District posted openings for eight Campus Monitor CM positions The duties for the CM and SCL position were found to be considerably different The employee applied for and was hired in a CM position Upon commencement of the CM position the employee was informed that she was in probationary status for the first six months Shortly before completion of the six month period she was notified by the district that she was being released from her CM position The employee sued arguing that the permanent status she acquired in her SCL position applied to the CM position The Court disagreed and held a classified employee s permanent status is restricted to the position or class in which it was retained and is not retained when the employee is reemployed in a different lower position Ibid What this means for non merit system districts School districts must still hire laid off employees who meet the qualifications for positions before hiring outside applicants but If the position the employee accepts is not one in which the employee has previously held permanent status the employee must complete a probationary period for the new 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 by Title Recent PERB Cases May Expand Right to Union Representation in Meetings Emergency Changes

    Original URL path: http://kblegal.us/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/?pfstyle=wp (2016-02-17)
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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/?pfstyle=wp (2016-02-17)
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