NSBA Legal Clips
Archived entries for California

After gay student’s suicide, ACLU offers to conduct sensitivity training in lieu of filing suit against school district

In the aftermath of a gay student’ suicide, the Tehachapi News reports that the American Civil Liberties Union of Southern California (ACLU-SoCal) has sent a letter to Tehachapi Unified School District (TUSD) offering to provide sensitivity training to counteract the “anti-gay climate” in the district in lieu filing suit on behalf of the late student’s mother.

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California Board of Education calls for investigation of petition drive under “parent trigger” law

The state Board of Education plans to ask the attorney general to investigate complaints of misconduct surrounding a parent petition drive to turn over a struggling Compton elementary school to a charter school operation, according to a Los Angeles Times report in Education Week. The petition drive at McKinley Elementary School, the state’s first test of a new law that empowers parents to make sweeping changes at low-performing schools, has been mired in charges and counter charges of deceit and intimidation since signatures, said to represent 62% of the school’s parents, were submitted to the Compton Unified School District.

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California settles ACLU suit over student fees

According to an Associated Press report in the San Diego Union-Tribune, the State of California has reached an agreement with the American Civil Liberties Union of Southern California (ACLU-SoCal) that will ensure school districts no longer charge parents extra fees for textbooks, art supplies and other basic educational items. The agreement ends a suit brought by a coalition of groups led by ACLU-SoCal alleging the extra fees violated the state constitutional guarantee of free and equal public education.

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Clothing company threatens to sue California school district over ban on its apparel

MM Compound Inc., the licensee of the Metal Mulisha brand of clothing, is threatening to sue Murrieta Valley Unified School District (MVUSD) over its ban on a clothing line inspired by a local stunt dirt bike team and adorned with logos resembling Nazi insignia, says the Los Angeles Times. School district officials object to the lightning bolt “S” logo which is similar to those worn by Nazi military forces. MVUSD spokeswoman Karen Parris insists that it is not a district-wide ban. “It was implemented at the high schools four years ago, a joint decision made by our high school principals,” she said. According to Parris, after receiving letters warning of a possible lawsuit from MM Compound Inc., MVUSD officials are reconsidering the dress-code policy and seeking a compromise.

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Section 1983 plaintiff must show alleged injury resulted from government entity’s “policy or custom,” even if relief sought is prospective

The U.S. Supreme Court, in a 8-0 vote with Justice Kagan recusing herself, has ruled that a governmentalentity can be held liable based on the theory of municipal liability, even where the relief sought is prospective only, if the plaintiff satisfies the requirement established in Monell v. New York City Dept. of Social Servs., 436 U. S. 658 (1978), that the entity’s “policy or custom” caused the deprivation of the plaintiff’s federal right.

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California student may file writ of mandate to compel compliance with minimum physical education time requirement

The California Court of Appeal, Third Appellate District, has ruled that a student has a cause of action under a provision in the state’s education code that requires school districts to provide students in grades 1-6 with a minimum of 200 minutes of physical education each 10 school days. It concluded that the physical education provision imposed a mandatory duty on school districts to provide at least the minimum amount of physical education instruction spelled out in the statute.

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California school district drafts revisions to its search and seizure policies under threat of lawsuit

According to the La Canada Valley Sun, La Canada Unified School District (LCUSD) is revising its policies after the constitutionality of the school district’s search and seizure practices were questioned by a parent who is a career federal public defender. LCUSD’s officials [in 2009] conducted an unannounced search of students’ personal items, such as backpacks, using drug-sniffing dogs at La Canada High School. After the dogs were brought on-campus, students were told to leave their backpacks and other belongings behind in the classroom. They were taken to another location on campus while the dogs sniffed the area and the students’ personal items.

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California school district superintendent apologizes after student told to remove American flag from bike

The Modesto Bee reports that Denair Unified School District (DUSD) Superintendent Ed Parraz took responsibility for a flag dispute at Denair Middle School that drew national attention. Speaking at an emergency school board meeting, he said, “I want to especially apologize to the veterans … and every single veteran serving all over the world.” The controversy began after a yard supervisor told 13-year-old Cody Alicea he had to remove the U.S. flag attached to the back of his bicycle.

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Teachers’ union vows to oppose proposed settlement, limiting the use of seniority, in ACLU suit challenging Los Angeles school district method of laying off teachers

The Associated Press says that United Teachers Los Angeles (UTLA) union is promising to challenge a proposed agreement that would change how teachers are laid off by Los Angeles Unified School District (LAUSD). The tentative settlement would shield up to 45 underperforming schools from teacher layoffs for budget reasons. It also stipulates that vacancies be filled as quickly as possible, and contains a commitment to explore incentives, such as bonuses, to recruit and retain teachers and principals at poorly performing schools, with additional incentives if the school’s academic performance improves.

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Los Angeles school district settles suit over teacher layoffs, agrees to limit seniority protection

The Los Angeles Board of Education approved Tuesday, October 5, 2010, what would be a landmark court settlement that radically limits the traditional practice of laying off teachers strictly on the basis of seniority, reports the Los Angeles Times. The agreement would cap the number of those dismissals at virtually all schools in the nation’s second-largest district.

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