by Bo Links on October 19, 2010
The charter school movement has swept across California, as it has in other states. Proposition 39, approved by the voters in 2000, added section 47614 to the state Education Code, which provides that “[e]ach school district shall make available, to each charter school operating in the school district, facilities sufficient for the charter school to accommodate all of the charter schools in-district students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending other public schools of the district.”
by Bo Links on January 04, 2010
With the proliferation of charter schools in California and other states, an issue was sure to arise over whether the school stands in the shoes of the state for all purposes when it offers educational services to the public. In Caviness v. Horizon Community Learning Center, Inc.
by Bo Links on October 02, 2009
In United Teachers Los Angeles v. Los Angeles Unified School District, 54 Cal.4th 504 (2012), the California Supreme Court held that if a collective bargaining agreement directly conflicts with provisions of the state Education Code, a trial court can refuse to order arbitration under that agreement. The court did not hold that the provisions at issue did, in fact, conflict with the code, but rather, remanded the case to the trial court for that determination.
