Justia Education Law Opinion Summaries

Articles Posted in California Courts of Appeal
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Plaintiff filed a petition for a writ of mandate as well as a complaint for due process violations against LAUSD and Defendant Sohn, seeking reinstatement and damages. Plaintiff contends that under Education Code section 44466, which governs tenure for university interns, he had acquired permanent status at the commencement of the 2018–2019 school year. Plaintiff argued that he had satisfied the requirements of section 44466 by completing his university coursework in advance of the 2017–2018 school year, serving that school year in a credentialed teaching position (first under his intern credential, and then his regular credential), then beginning the 2018–2019 school year under his regular credential.The Court of Appeal affirmed the trial court's judgment concluding that section 44466 contemplates that former university interns serve a complete year under a regular credential before acquiring tenure. The court explained that plaintiff did not acquire tenure under section 44466 because the post-internship year under section 44466 does not begin until the former intern is reemployed under a regular credential by the school district that employed him as an intern. Therefore, the trial court correctly ruled that plaintiff did not acquire tenure at the commencement of the 2018–2019 school year. View "McGroarty v. Los Angeles Unified School District" on Justia Law

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Saddleback College and Juan Avalos, vice-president of Saddleback’s student services and its Title IX officer, appealed the granting of a writ of mandamus in favor of a Saddleback student, Marcus Knight. Knight petitioned for relief after he was disciplined when two female students complained that he was following them, taking photos of one of them on his phone, and touching them. Knight had multiple disabilities, including cerebral palsy and autism, which have complicated his experience at Saddleback. In March 2018, Knight received a letter from Avalos stating that he was “suspended” – barred from classes and campus activities. It appeared, however, that he was allowed to attend classes anyway, while he contested the suspension. Eventually the potential suspension was dropped, and a written disciplinary reprimand was placed in his student record instead. At trial, Knight based his petition on the ground that the college did not afford him a hearing during which he or his counsel could confront and cross-examine witnesses. The trial court granted the writ petition on that basis. The Court of Appeal determined Knight was not entitled to that level of due process: requiring a trial-like hearing before Saddleback could issue a written reprimand placed too great a burden on the college when compared to the minor detriment to Knight. "He received notice of the charges against him, and he had an opportunity to respond – several opportunities, in fact. Had the suspension gone forward, he would have had the hearing he feels he was entitled to. But it did not go forward, and he received a much lower level of discipline." Accordingly, the Court reversed the judgment for Knight and directed the trial court to enter judgment for appellants. View "Knight v. South Orange Community College Dist." on Justia Law

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The court of appeal upheld the dismissal of a claim against a school district under the Unruh Civil Rights Act (Civ. Code 51), A school district is not a business establishment and cannot be sued under the Unruh Act even where, as in this case, the alleged discriminatory conduct is actionable under the Americans With Disabilities Act (ADA) (42 U.S.C. 12101).The California Supreme Court has not considered whether a government entity, specifically an agent of the state performing a state constitutional obligation is a business establishment within the meaning of the Act. The court of appeal examined the historical genesis of the Act and the Act’s limited legislative history. Public school districts are, nonetheless, subject to stringent anti-discrimination laws set forth in the Education Code and the comprehensive anti-discrimination provisions set forth in the Government Code and applicable to all government entities, as well as federal constitutional mandates (actionable under 42 U.S.C. 1983), and statutes such as Title IX of the Education Amendments of 1972 (20 U.S.C. 1681), Title II of the ADA (42 U.S.C. 12131), and section 504 of the Rehabilitation Act (29 U.S.C. 794). View "Brennon B. v. Superior Court" on Justia Law

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In February 2017, students at Rubidoux High School (RHS) participated in a protest; approximately one quarter of the student body boycotted school for a day. Plaintiff-appellant, Patricia Crawford, a guidance counselor at RHS, criticized the students who boycotted in an e-mail to a colleague and by leaving several comments on a RHS teacher’s public Facebook post that was similarly critical of the boycotting students. Some students and others considered the post and Crawford’s comments on the post to be offensive. The Facebook post “went viral,” and a public outcry against Crawford and other RHS teachers’ comments ensued, resulting in nationwide media attention, a RHS student protest against the teachers, and a flurry of e-mails to RHS administration from the public. Real party in interest, Jurupa Unified School District (the District), dismissed Crawford on the grounds that her conduct was “immoral” and showed that she was “evidently unfit for service” under Education Code section 44932. Defendant-respondent, the Commission on Public Competence of the Jurupa Unified School District (CPC), upheld Crawford’s dismissal, as did the trial court. On appeal, Crawford suggested there were three fixed categories of conduct that constituted "immoral conduct" as a matter of law, and her conduct did not fit into any of them. To this, the Court of Appeal disagreed: "A teacher’s conduct is therefore 'immoral' under [Education Code] section 44932 (a)(1) when it negatively affects the school community in a way that demonstrates the teacher is 'unfit to teach.'" The Court affirmed the trial court's finding that the weight of the evidence supported CPC's finding that Crawford engaged in immoral conduct and was evidently unfit to serve. View "Crawford v. Comm. on Prof. Competence etc." on Justia Law

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The California Environmental Quality Act (Pub. Resources Code 21000; CEQA) requires public universities to mitigate the environmental impacts of their growth and development, including student enrollment increases. To ensure that the University of California “sufficiently mitigate significant off-campus impacts related to campus growth and development,” the University is required periodically to develop a comprehensive, long-range development plan for each campus, based on the academic goals and projected enrollment. (Ed. Code 67504(a)(1).) The plan must be analyzed in an environmental impact report (EIR). A 2005 EIR that analyzed a development plan and projected enrollment increases for the U.C. Berkeley campus. Opponents claimed the University violated CEQA by increasing enrollment well beyond the growth projected in the 2005 EIR without conducting any further environmental review. The trial court ruled in favor of the University. The court of appeal reversed. Section 21080.09 does not shield public universities from complying with CEQA when they make discretionary decisions to increase enrollment levels. Opponents adequately pled that respondents made substantial changes to the original project that trigger the need for a subsequent or supplemental EIR. The court stated that its decision did not constitute an enrollment “cap.” View "Save Berkeley's Neighborhoods v. Regents of the University of California" on Justia Law

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The Public Employment Relations Board (PERB) granted University Professional and Technical Employees' (UPTE's) petition for unit modification to add a new classification, systems administrators, into a preexisting bargaining unit. The University of California refused to bargain over the terms and conditions of employment for systems administrators. PERB granted UPTE's unfair practice charge against the University. The University appealed, arguing that the systems administrator classification did not share a community of interest with the existing bargaining unit as required under the Higher Education Employer-Employee Relations Act (Gov. Code 3560) and that PERB erred in not requiring proof of majority support by the unrepresented systems administrators subject to the unit modification petition.The court of appeal denied the petition. PERB’s finding that a community of interest exists is supported by substantial evidence. The job descriptions reflect a similarity in “common skills” and “job duties” between systems administrators and employees in the unit. The University fails to cite any evidence suggesting a disparity between the job descriptions and the employees’ actual skill sets. PERB properly counted the number of systems administrators at the time the petition was filed; PERB’s holding that it lacked the discretion to require proof of majority support from UPTE was not clearly erroneous. View "Regents of the University of California v. Public Employment Relations Board" on Justia Law

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After plaintiff was expelled from USC for committing intimate partner violence against Jane Roe, he petitioned for writ of administrative mandate to set aside the expulsion.The Court of Appeal reversed the superior court's denial of plaintiff's petition, holding that USC's disciplinary procedures at the time were unfair because they denied plaintiff a meaningful opportunity to cross-examine critical witnesses at an in-person hearing. The court explained that, at bottom, this case rests on witness credibility. Given the conflicting statements, the court could not say that the record contains such overwhelming evidence as to render harmless the errors identified in this case. Therefore, the court remanded with directions to the superior court to grant the petition for writ of administrative mandate. View "Boermeester v. Carry" on Justia Law

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This case involved claims for subvention by community college districts pertaining to 27 Education Code sections and 141 regulations. The regulations includes “minimum conditions” that, if satisfied, entitles the community college districts to receive state financial support. As to the minimum conditions, the Commission on State Mandates generally determined that reimbursement from the state qA not required because, among other things, the state did not compel the community college districts to comply with the minimum conditions. Coast Community College District, North Orange County Community College District, San Mateo County Community College District, Santa Monica Community College District, and State Center Community College District (the Community Colleges) filed a petition for writ of mandate challenging the Commission’s decision. The trial court denied the petition and entered judgment, and the Community Colleges appealed. The Court of Appeal concluded the minimum condition regulations imposed requirements on a community college district in connection with underlying programs legally compelled by the state. The Court surmised the Commission was. Suggesting the minimum conditions were not legally compelled because the Community Colleges were free to decline state aid, but the Court concluded that argument was inconsistent with the statutory scheme and the appellate record. Based on a detailed review of the statutes and regulations at issue, the Court reversed judgment with regard to Cal. Code Regs., tit. 5, regs. 51000, 51006, 51014, 51016, 51018, 51020, 51025, 54626, subdivision (a), 55825 through 55831, regulation 55760 in cases involving mistake, fraud, bad faith or incompetency, and the Handbook of Accreditation and Policy Manual. The Court affirmed as to Education code sections 66738, subdivision (b), 66741, 66743, 78210 through 78218, paragraphs 2, 4 and 5 of section 66740, the portion of regulation 51008 dealing with education master plans, regulations 51024, 54626, subdivisions (b) and (c), 55005, 55100, 51012, 55130, 55150, 55170, 55182, 55205 through 55219, 55300, 55316, 55316.5, 55320 through 55322, 55340, 55350, 55500 through 55534, 55600, 55602, 55602.5, 55603, 55605, 55607, 55620, 55630, 55752, 55753, 55753.5, 55758.5, 55761, 55764, 55800.5, 55805, 55806, 55807, 55808, 55809, 58102, 58107, 58108, 59404, the portion of regulation 55000 et seq. relating to community service classes, and pages A-1 to A-54 of the Chancellor’s Program and Course Approval Handbook. The matter was remanded for further further proceedings on additional challenges. View "Coast Community College Dist. v. Com. on State Mandates" on Justia Law

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Plaintiffs filed suit against the Assessor and others, seeking a refund of property taxes and special assessments, and for declaratory relief. The Court of Appeal found no support in statutory or case law for plaintiffs' claim that a nonprofit charter school should be treated as a public school district for purposes of applying the implied exemption, which plaintiffs contend exempts public schools from having to pay both taxes and special assessments.The court explained that the Legislature has specified precisely how, and to what extent, and under which statutory provisions charter schools are deemed to be part of the system of public schools, or deemed to be a school district. Notably absent is any suggestion that charters schools are to be treated like school districts for taxation purposes. The court rejected plaintiffs' claims to the contrary. View "Los Angeles Leadership Academy, Inc. v. Prang" on Justia Law

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This proceeding stemmed from a minor’s collapse during football try-outs at Lincoln High School in Stockton in 2017. Respondent Shynelle Jones presented a timely claim on behalf of her son, Jayden, to the Lincoln Unified School District under the Government Claims Act. About four months later, Jones submitted an application to the school district for leave to present a late claim on her own behalf based on her allegedly newfound realization of the severity of her son’s injuries, their impact on her own life, and her right to file her own claim. She declared that up until that point she had been able to attend to her own interests. After the application was denied, Jones filed a petition for relief from the claim presentation requirement in the superior court based on the same facts. At the hearing on her petition, her counsel, Kenneth Meleyco, presented a new explanation for the delay in submitting Jones’s claim: the day after Jones presented a claim on her son’s behalf, she retained Meleyco on her own behalf, and an error in the handling of Meleyco’s dictated memo within his office prevented the earlier preparation of Jones’s claim. The superior court granted Jones’s petition, despite noting “legitimate concerns regarding [her] credibility” because it “determined based on the directives provided in case law, to provide relief from technical rules, that [Jones] has met her burden of proof to demonstrate that her neglect was excusable.” The Court of Appeal found this ruling was an abuse of the trial court’s discretion. "[T]he general policy favoring trial on the merits cannot justify the approval of a petition that is not credible and that does not demonstrate a right to relief by a preponderance of the evidence." The Court issued a writ of mandate compelling the superior court to vacate its order and enter a new order denying Jones relief from the claim presentation requirement. View "Lincoln Unified School Dist. v. Superior Court" on Justia Law