CSBA Education Legal Alliance 2023 Annual Report typography
Dear Member:
Thank you for supporting public education at this most critical time for California schools. The past year has been extremely busy for the Education Legal Alliance (ELA) on behalf of our district and county board of education members. The support of school districts and county offices of education (COEs) allows the ELA to pursue and defend a broad spectrum of statewide public education interests before state and federal courts, state agencies and the Legislature.

Each year, the ELA issues a report of its activities for the preceding 12 months. This year, the ELA has continued to provide a unique but essential statewide perspective in response to and resolution of issues and questions raised by several ongoing cases, as well as a wide range of impactful new litigation. In California School Boards Association’s Education Legal Alliance v. California State Board of Education (SBE) for instance, the ELA filed and obtained a writ of mandate against the SBE. The court found that SBE ignored the authority of the governing boards of Napa Valley Unified School District and Napa County Office of Education to deny a charter petition and substituted its judgment for the judgment of those local boards in violation of the charter authorization appeal process set out in Assembly Bill 1505 (2019). Also, in O’Connor-Ratcliff v. Garnier, the ELA filed an amicus brief with the U.S. Supreme Court in support of appellant school board members’ appeal. Our brief urged the Supreme Court to overturn the Ninth Circuit Court of Appeals decision that a board members’ use of their private social media to communicate with the public on matters related to their public office, constitutes state action and is subject to First Amendment restrictions, even when the social media accounts are not supported, funded, directed or used with the involvement of the school district the board members represent.

With its focus on issues that have a statewide impact on schools and governance teams, the ELA stands in a unique position to pursue and defend the interests of public education. Our efforts to support our members are never static, and we continue to explore new ways to provide legal support and advocacy for member districts and COEs. Your continued support is greatly appreciated and I hope you will continue to support the ELA in its ongoing fight to represent the statewide interests of boards and students.

If you have any questions about the ELA or its benefits, please contact ELA staff at (800) 266-3382 or legal@csba.org.
Sincerely,
Vernon M. Billy hand written signature
Vernon M. Billy
CEO & Executive Director,
California School Boards Association
Members with whom
the ELA worked directly In 2023*
Members with whom the ELA worked directly in 2023* map
*There are five other cases the ELA is involved in that are on behalf of all California School Districts and County Offices of Education.
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What is the
Education Legal Alliance?

CSBA’s Education Legal Alliance (ELA) is a consortium of school districts, county offices of education and Regional Occupational Centers/Programs that voluntarily joined together in 1992 to create a powerful force to pursue and defend a broad spectrum of statewide public education interests before state and federal courts, state agencies and the Legislature. The ELA initiates and supports legal activities in areas of statewide significance to all California schools. Working with school attorneys, the efforts of the ELA have proven highly effective in protecting the interests of schools and the students they serve. Potential matters are reviewed and approved by a broad-based steering committee of board members, superintendents and education leaders. There is also a legal advisory committee of noted school law attorneys to help provide legal analysis and recommendations to the steering committee.

The ELA is funded exclusively by contributions from its members, who are also members of CSBA.

“CSBA’s Education Legal Alliance is a force multiplier for California school districts and county offices of education, providing collective reach and influence on important legal issues that exceeds the capacity of any individual member. The ELA provides constant guidance and support to local educational agencies throughout the state and also serves as plaintiff in cases of statewide importance to the financial stability, autonomy and governance capacity of LEAs. In an increasingly challenging period for public education, the ELA is reinforcing its status as an essential voice and advocate for California public schools.”

Melissa Brown,
California Council of School Attorneys President-elect

CSBA’s Education Legal Alliance (ELA) is a consortium of school districts, county offices of education and Regional Occupational Centers/Programs that voluntarily joined together in 1992 to create a powerful force to pursue and defend a broad spectrum of statewide public education interests before state and federal courts, state agencies and the Legislature. The ELA initiates and supports legal activities in areas of statewide significance to all California schools. Working with school attorneys, the efforts of the ELA have proven highly effective in protecting the interests of schools and the students they serve. Potential matters are reviewed and approved by a broad-based steering committee of board members, superintendents and education leaders. There is also a legal advisory committee of noted school law attorneys to help provide legal analysis and recommendations to the steering committee.

The ELA is funded exclusively by contributions from its members, who are also members of CSBA.

“CSBA’s Education Legal Alliance is a force multiplier for California school districts and county offices of education, providing collective reach and influence on important legal issues that exceeds the capacity of any individual member. The ELA provides constant guidance and support to local educational agencies throughout the state and also serves as plaintiff in cases of statewide importance to the financial stability, autonomy and governance capacity of LEAs. In an increasingly challenging period for public education, the ELA is reinforcing its status as an essential voice and advocate for California public schools.”

Melissa Brown,
California Council of School Attorneys President-elect

What are the benefits of membership in the Education Legal Alliance?
  • The ELA files amicus briefs and letters in court to support its members on legal issues of statewide importance.
  • The ELA initiates litigation on various issues of statewide importance and often looks to its members to serve as co-plaintiffs in those cases.
  • The ELA weighs in on legislation that impacts its members on issues of statewide importance.
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Steering
Committee
headshot of Susan Markarian
Susan Markarian, Chair
CSBA President
Pacific Union ESD
headshot of Albert Gonzalez
Albert Gonzalez
CSBA President-elect
Santa Clara USD
headshot of Vernon M. Billy
Vernon M. Billy
CSBA CEO & Executive Director
headshot of Renee Nash
Renee Nash
CSBA Director, Region 4
Eureka Union SD
headshot of Susan Henry
Susan Henry
CSBA Director, Region 15
Huntington Beach Union HSD
headshot of Lan Nguyen
Lan Nguyen
Delegate, Region 15
Garden Grove USD
headshot of Gayle Garbolino-Mojica
Gayle Garbolino-Mojica
County Superintendent
Placer COE
headshot of Gabriela Mafi
Gabriela Mafi
Superintendent
Garden Grove USD
headshot of Derk Garcia
Derk Garcia
Superintendent
Roseville City SD
headshot of Dr. Steve Ladd
Dr. Steve Ladd
Consultant
headshot of Robert Manwaring
Robert Manwaring
Consultant
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Advisory
Committee
CSBA
Staff
headshot of Mike Smith
Mike Smith, Chair
Lozano Smith
headshot of Spencer Covert
Spencer Covert
Parker & Covert LLP
headshot of Sue Ann Salmon Evans
Sue Ann Salmon Evans
Dannis Woliver Kelley
headshot of Peter K. Fagen
Peter K. Fagen
Fagen Friedman & Fulfrost LLP
headshot of Paul Loya
Paul Loya
Atkinson, Andelson, Loya,
Ruud & Romo
headshot of Jeffrey Riel
Jeffrey Riel
Orange County
Department of Education
headshot of Teresa Stinson
Teresa Stinson
Sacramento County
Office of Education
headshot of Keith J. Bray
Keith J. Bray
General Counsel &
Chief of Staff
headshot of Kristin D. Lindgren-Bruzzone
Kristin D. Lindgren-Bruzzone
Deputy General Counsel
headshot of Bode Owoyele
Bode Owoyele
Associate General Counsel
headshot of Dana Scott
Dana Scott
Associate General Counsel
headshot of Anita Ceballos
Anita Ceballos
Paralegal
Advisory
Committee
headshot of Mike Smith
Mike Smith, Chair
Lozano Smith
headshot of Spencer Covert
Spencer Covert
Parker & Covert LLP
headshot of Sue Ann Salmon Evans
Sue Ann Salmon Evans
Dannis Woliver Kelley
headshot of Peter K. Fagen
Peter K. Fagen
Fagen Friedman & Fulfrost LLP
headshot of Paul Loya
Paul Loya
Atkinson, Andelson, Loya,
Ruud & Romo
headshot of Jeffrey Riel
Jeffrey Riel
Orange County
Department of Education
headshot of Teresa Stinson
Teresa Stinson
Sacramento County
Office of Education
CSBA
Staff
headshot of Keith J. Bray
Keith J. Bray
General Counsel &
Chief of Staff
headshot of Kristin D. Lindgren
Kristin D. Lindgren
Deputy General Counsel
headshot of Bode Owoyele
Bode Owoyele
Associate General Counsel
headshot of Dana Scott
Dana Scott
Associate General Counsel
headshot of Anita Ceballos
Anita Ceballos
Paralegal
Current Activities typography
Charter School Petition Appeals
California School Boards Association’s Education Legal Alliance v. State Board of EducationCalifornia Court of Appeal for the Third District (Case No. C099069)

MEMBER(S) INVOLVED: Napa Valley Unified School District

IMPORTANCE OF STATEWIDE ISSUE:

The reform of the appeals process for charter school petitions that have been denied by school district and county office governing boards and sent to the State Board of Education (SBE) was a key part of Assembly Bill 1505 (O’Donnell, D-Long Beach), signed into law in 2019. The SBE failed to comply with several of the AB 1505 reforms when it reversed the denials of the Mayacamas Charter Middle School (MCMS) petition by the Napa Valley Unified School District (NVUSD) and the Napa County Board of Education (NCBOE) in September 2022. As a result of this decision by the SBE, local governing boards that are charged with the authority to approve or deny charter school petitions, and oversee those that are approved, will find it difficult to follow the reforms in AB 1505 unless the SBE’s action that misinterpreted and misapplied those reforms is reversed by the court.
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SCHOOL FUNDING — EDUCATIONAL REVENUE AUGMENTATION FUND

CSBA v. Betty YeeCalifornia Court of Appeal for the Third District (Case No. C096838)
MEMBER(S) INVOLVED: All California school districts and county offices of education

IMPORTANCE OF STATEWIDE ISSUE:

The Educational Revenue Augmentation Fund (ERAF) was created by the Legislature in 1992 to relieve pressure on the state’s General Fund while meeting the constitutional minimum funding guarantee for K-14 education. The ERAF statute redirects a portion of property taxes statewide from cities, counties and special districts to local school districts and community college districts, reducing the demands on the state’s General Fund. School districts and COEs throughout the state have lost out on Proposition 98 funding as a result of miscalculation of “excess ERAF” in five counties, resulting in nearly $1 billion in lost Prop 98 funding and potential future losses.
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Reimbursement of Mandates

Coast Community College District, et al. v. Commission on State Mandates, et al.California Supreme Court (Case No. S262663)

MEMBER(S) INVOLVED: All California school districts and county offices of education

IMPORTANCE OF STATEWIDE ISSUE:

School district budgets are affected by determinations of the Commission on State Mandates (Commission) regarding whether the state has legally or practically compelled the district to implement a new program or higher level of service (thus creating a mandate). The courts’ decisions in this case may modify or reinforce existing law and will likely influence the Commission and lower courts in determining when the state has legally or practically compelled a school district or other local agency to implement a new reimbursable program or higher level of service.
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Discrimination/Protected Employment Classes Under PERB

Visalia USD v. Public Employment Relations BoardCalifornia Court of Appeal, Fifth District (Case No. F084032)

MEMBER(S) INVOLVED: Visalia Unified School District

IMPORTANCE OF STATEWIDE ISSUE:

Under the Public Employment Relations Board (PERB) decision being challenged, an employee is deemed to be part of a protected class simply by virtue of holding office in the union. Being part of a protected class insulates an employee from adverse employment actions regardless of whether those actions are related to a protected union activity. If upheld, the ruling would make it difficult to discipline union employees who are also union officers, and it could open the door to unions expanding “officer” roles as a shield to guard against disciplinary actions.
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Salary Schedule Placement of Certificated Employees
George v. Susanville Elementary School DistrictCalifornia Court of Appeal, Third District (Case No. C098772)

MEMBER(S) INVOLVED: Susanville Elementary School District

IMPORTANCE OF STATEWIDE ISSUE:
This case implicates two statewide issues: 1) The ability of local educational agencies (LEAs) to bargain the type and level of experience for which they will give years of service credit on the salary schedule under Education Code section 45028; and 2) The obligation of LEAs to provide years of service credit on the salary schedule for teachers who resign as permanent employees and are rehired and are entitled to the rights under Education Code section 44931. This matter is also important because of the plaintiff’s erroneous interpretation of a long-standing California Supreme Court Case, Palos Verdes Faculty Association v. Palos Verdes Peninsula Unified School District (1978) 21 Cal.3d 650, 661. If the plaintiff’s interpretation of Palos Verdes were to prevail, it would limit the ability of LEAs to provide for experience credit for new teachers while not being required to provide such credit for teachers who resign and return under section 44931. More broadly, any tightening of the requirement for “uniformity” in salary schedules will negatively impact districts’ ability to creatively negotiate local salary schedule placement to remain competitive while also ensuring fiscal responsibility.
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Public Records Act Requests
Rodriquez et. al. v. Superior Court of the State of California, In and For the County of MontereyCalifornia Court of Appeal, Sixth District (Case No. H049836)
MEMBER(S) INVOLVED: All California school districts and county offices of education
IMPORTANCE OF STATEWIDE ISSUE:
The Public Records Act (PRA) is intended to ensure the people of California have a right of access to information concerning the conduct of the people’s business. Although the PRA is liberally construed in favor of disclosing public records, it does not apply to personal records that are outside the scope of the public’s business. PRA requests are usually sent to the agency that is the custodian of record for the records being sought. In this case, the court required the disclosure of emails related to a public charter school by way of a PRA request to a public community college. The emails sought belonged to a community college employee who also served in a volunteer role for the charter school. A ruling in favor of the requesting party could increase the burden on school districts and county offices of education to respond to PRA requests simply because they employ someone who has connections to another public entity. The precedent set by this would increase the burden on public schools having to respond to PRA requests.
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SPECIAL EDUCATION — STANDARD FOR FAPE

A.O. v. Los Angeles Unified School DistrictFederal Court of Appeals, Ninth Circuit (Case Nos. 22-55204, 22-55226)

MEMBER(S) INVOLVED: Los Angeles Unified School District

IMPORTANCE OF STATEWIDE ISSUE:

This matter involves the application of the standard for determining whether a local educational agency’s (LEA) offer of services to a special education student is reasonably designed to offer the student a free appropriate public education (FAPE) to meet their individual needs in the least restrictive environment (LRE). This standard has been developed through U.S. Supreme Court precedent. In this case, regarding the placement of a 3-year-old deaf and hard of hearing student, both the Administrative Law Judge (ALJ) at the Office of Administrative Hearings (OAH) and the federal district court applied an incorrect standard, in which they compared Los Angeles USD’s program to a program at a private nonpublic school and determined that the nonpublic school’s program was “better” than the district’s program. If this standard were to be utilized moving forward, it would place a heavy burden on LEAs to provide the best possible program for special education students, rather than a program reasonably designed to offer a FAPE.
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SPECIAL EDUCATION — PROCEDURAL VIOLATIONS

D.O. v. Escondido Union School DistrictFederal Court of Appeals, Ninth Circuit (Case No. 19–56043)

MEMBER(S) INVOLVED: Escondido Union School District

IMPORTANCE OF STATEWIDE ISSUE:

While school districts must provide a free appropriate public education (FAPE) to eligible students, this case provided an opportunity to clarify what happens when there is a procedural violation of the Individuals with Disabilities Education Act (IDEA) and the violation itself does not necessarily result in the denial of an educational benefit or opportunity. If the court had found that a procedural violation of IDEA alone equates to a denial of FAPE, it could have exposed local educational agencies (LEAs) to increased liability and further complicate their ability to meet the educational needs of students with disabilities.
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FIRST AMENDMENT/EQUAL ACCESS ACT — NONDISCRIMINATION POLICIES AND STUDENT CLUBS

Fellowship of Christian Athletes, et al. v. San Jose Unified School District, et al.Federal Court of Appeals, Ninth Circuit (Case No. 215827)

MEMBER(S) INVOLVED: San Jose Unified School District

IMPORTANCE OF STATEWIDE ISSUE:

Because this matter involved a challenge to a school district’s nondiscrimination policies by a student club that excludes students in certain protected classes from holding leadership positions, it may impact the way local educational agencies (LEAs) in California implement their nondiscrimination policies with respect to student clubs. State law requires that LEAs maintain nondiscrimination policies and also prohibits discrimination based on various protected classes in school programs and activities. Federal laws, such as Title IX, also prohibit such discrimination. If a court were to agree with the Fellowship of Christian Athlete’s (FCA) claim that its First Amendment, Fourteenth Amendment and Equal Access Act rights require that it be allowed to exclude students in protected classes from its leadership positions but still have all of the rights and privileges of an Associated Student Body (ASB)-recognized club, it would place all LEAs in an untenable position in which they would have to make exceptions to their nondiscrimination policies for religious clubs in contravention of state and federal law.
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FACILITY FUNDING — LEASE-LEASEBACK CONTRACTS

Davis v. Fresno Unified School District (Davis II)California Supreme Court (Case No. S266344)

MEMBER(S) INVOLVED: Fresno Unified School District

IMPORTANCE OF STATEWIDE ISSUE:

To complete school construction projects, school districts can choose from a variety of project delivery methods, including lease-leaseback agreements. School districts rely on being able to validate the contracts and have certainty in their legality. The appellate court ruling in Davis II creates uncertainty and risk for school districts that use the lease-leaseback method around the use of validation proceedings. The resulting uncertainty calls the continued viability of lease-leaseback agreements into question.
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Parcel Taxes

Traiman v. Alameda Unified School District California Court of Appeal, First Appellate District (Case No. A164935)

MEMBER(S) INVOLVED: Alameda Unified School District

IMPORTANCE OF STATEWIDE ISSUE:

This matter involves whether a parcel tax may be enacted by the voters if it contains a cap on the total amount of tax for certain buildings/parcels, where the per-square-foot cost of the parcel tax is the same. Specifically, the plaintiff has argued that the uniformity requirement in Government Code section 50079 does not allow for a parcel tax that has a cap on the tax applied to certain buildings or parcels because, depending on the square footage, larger buildings may be subject to a lower per-square-foot tax when the cap amount is divided by the amount of the square footage. In addition, at issue in this matter is the ability of local educational agencies (LEAs) to rely on prior validation actions when they take a parcel tax to the voters without concern that the tax will be challenged. The Alameda Unified School District previously issued two parcel tax measures that were approved by the voters that contained a cap on the tax for larger buildings/parcels, both of which were validated.
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First Amendment

O’Connor-Ratcliff v. GarnierUnited States Supreme Court (Case No. 22-324)

IMPORTANCE OF STATEWIDE ISSUE:

This case implicates two statewide issues: 1) Whether a school board member who uses a private social media account that is not supported, funded, directed or used with the involvement of their local educational agency (LEA) to communicate with members of the public on LEA issues is a governmental actor, and is subject to First Amendment restrictions, if they block members of the public from their social media accounts. This case raises the important issue of whether school board members have the right to speak as private citizens on their private social media accounts that are not supported, funded, directed or used with the involvement of their LEAs and whether those rights include the ability to block disruptive users from their social media pages; and 2) If the answer to question number 1 is yes, what regulations may board members impose on their private social media accounts that allow them to avoid members of the public creating disruption in their social media accounts, including disruption that may prevent other members of the public from interacting with the board members.
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California School Boards Association
(800) 266-3382 | (916) 371-4691
www.csba.org