Justia Government & Administrative Law Opinion Summaries

Mother appealed an order concluding that her children were children in need of care or supervision (CHINS) due to educational neglect. In April 2018, the State filed a petition alleging that B.C., born in January 2007, Bo.B., born in May 2012, and Br.B., born in April 2013, were CHINS for lack of proper education necessary for their well-being. B.C. had been referred to an educational support team because she was not meeting certain achievement levels in her educational program. In prior years, there had been three educational neglect/truancy assessments involving B.C. In January 2018, the assistant principal reported to the Department for Children and Families (DCF) that B.C. had missed twenty-two days and Bo.B. had missed thirty-two days of school and all absences were unexcused. By March 2018, B.C. and Bo.B. had missed thirty-eight and fifty days of school, respectively. DCF contacted mother, who asserted that the absences were occurring because she was not receiving sufficient support from the school, the children were often absent due to illness, and transportation was a barrier. When asked, mother did not appear to understand the details of Bo.B.’s Individualized Education Plan (IEP). DCF set up a plan to implement services through NCSS in March, however, mother cancelled the meeting. The court found that the three children were CHINS due to the parents’ inability to provide for the children’s educational needs. The court found that the children’s absences resulted in missed educational opportunities that put them at risk of harm, especially in light of their needs. On appeal, mother argued: (1) the court erred in not requiring the State to demonstrate that the children’s absences were without justification; (2) the evidence did not support the court’s finding that missing school caused the children harm; (3) the existence of IEPs for the two young children, who were not legally required to attend school, did not support a finding of educational neglect; and (4) the court erred in admitting the school attendance records. The Vermont Supreme Court affirmed as to B.C. and reversed and remanded the CHINS determinations as to Bo.B. and Br.B. "[T]he evidence was insufficient to demonstrate that Bo.B. and Br.B. were at risk of harm for educational neglect given that they were not required to attend school and mother could discontinue the services related to their IEPs without any presumption of neglect." View "In re B.B., B.C., and B.B., Juveniles" on Justia Law

In 1998, petitioner Christal Fields pled guilty to attempted second degree robbery for trying to snatch a woman's purse. As a result, Fields was permanently disqualified from working at any licensed childcare facility in Washington pursuant to Department of Early Learning (DEL) regulations. At issue in this case was the extent to which a criminal record could preclude a person from supporting herself through lawful employment in her chosen field. The Washington Supreme Court held DEL's regulations prohibiting any individualized consideration of Fields' qualifications at the administrative level violated her federal right to due process as applied. The Court reversed the Court of Appeals and remanded for further administrative proceedings. View "Fields v. Dep't of Early Learning" on Justia Law

Five African-American women on the basketball team at California State University at San Marcos (CSUSM) sued their head coach and the Board of Trustees of the California State University, claiming the coach engaged in race-based discrimination and retaliation: derogatorily referring to them as "the group," reduced their playing time, afforded them fewer opportunities, punished them more severely and generally singled them out for harsher treatment as compared to their non-African-American teammates. The trial court granted both motions for summary judgment filed by the Board, concluding plaintiff Danielle Cooper's claims were untimely and that the remaining plaintiffs could not show a triable issue on the merits. The Court of Appeal reversed summary judgment and directed the court to enter a new order granting summary adjudication on some, but not all, of plaintiffs' claims: plaintiffs cannot sue the Board under 42 United States Code sections 1981 and 1983 because CSUSM was not a "person" subject to suit under those statutes. With regard to the remaining claims brought by the four "freshmen plaintiffs," summary adjudication was improper as to their racial discrimination claims under title VI of the Civil Rights Act of 1964 and the Unruh Civil Rights Act. The Board did not meet its moving burden to show the lack of a triable issue as to whether these plaintiffs suffered a materially adverse action under circumstances suggesting a racially discriminatory motive. For similar reasons, summary adjudication was improper on title VI retaliation claims brought by three of the four freshmen plaintiffs, Lynette Mackey, Kianna Williams, and Sierra Smith: each of these women complained about the coach's discriminatory treatment and indicated how they suffered adverse consequences as a result. The Court reached a different conclusion as to plaintiff Crystal Hicks, who never made a complaint and denied facing any consequences as a result of complaints made by her peers. View "Mackey v. Bd. of Trustees of the Cal. State University" on Justia Law

Southwestern Community College District (District) and its governing board (Board) (together Southwestern) demoted Arlie Ricasa from an academic administrator position to a faculty position on the grounds of moral turpitude, immoral conduct, and unfitness to serve in her then-current role. While employed by Southwestern as the director of Student Development and Health Services (DSD), Ricasa also served as an elected board member of a separate entity, the Sweetwater Union High School District (SUHSD). The largest number of incoming District students were from SUHSD, and the community viewed the school districts as having significant ties. As a SUHSD board member, Ricasa voted on million-dollar vendor contracts to construction companies, such as Seville Group, Inc. (SGI) and Gilbane Construction Company, who ultimately co-managed a bond project for the SUHSD. Before and after SGI received this contract, Ricasa went to dinners with SGI members that she did not disclose on her Form 700. Ricasa's daughter also received a scholarship from SGI to attend a student leadership conference that Ricasa did not report on her "Form 700." In December 2013, Ricasa pleaded guilty to one misdemeanor count of violating the Political Reform Act, which prohibited board members of local agencies from receiving gifts from a single source in excess of $420. Ricasa filed two petitions for writs of administrative mandamus in the trial court seeking, among other things, to set aside the demotion and reinstate her as an academic administrator. Ricasa appealed the denial of her petitions, arguing the demotion occurred in violation of the Ralph M. Brown Act (the Brown Act) because Southwestern failed to provide her with 24 hours' notice of the hearing at which it heard charges against her, as required by Government Code section 54957. Alternatively, she argued the demotion was unconstitutional because no nexus existed between her alleged misconduct and her fitness to serve as academic administrator. Southwestern also appealed, arguing that the trial court made two legal errors when it: (1) held that Southwestern was required to give 24-hour notice under the Brown Act prior to conducting a closed session at which it voted to initiate disciplinary proceedings, and (2) enjoined Southwestern from committing future Brown Act violations. The Court of Appeal concluded Southwestern did not violate the Brown Act, and that substantial evidence supported Ricasa's demotion. However, the Court reversed that part of the judgment enjoining Southwestern from future Brown Act violations. View "Ricasa v. Office of Admin. Hearings" on Justia Law

Plaintiffs-appellants San Diego Unified School District, Clovis Unified School District, Poway Unified School District, San Jose Unified School District, Newport-Mesa Unified School District, and Grossmont Union High School District (the Districts) appealed an order sustaining without leave to amend the demurrer of defendant-respondent State Controller Betty Yee (the Controller) to the Districts' first amended petition for writ of mandate and complaint. The Districts had challenged the Controller's reduction the reimbursement of monies from state funds to the Districts, but the trial court ruled the action was barred by the 90-day statute of limitations set forth in Code of Civil Procedure section 341.5. The trial court implicitly found the action was one "challenging the constitutionality of any statute relating to state funding for . . . school districts" within the meaning of section 341.5. The Districts argued on appeal that under its plain language, section 341.5 did not apply because, among other reasons, their challenge involved subvention, not state funding; the dispute was focused on the Controller's actions, not the constitutionality of the statutes under which the Controller acted; and their challenge was not a facial challenge subject to section 341.5. The Court of Appeal rejected these contentions, and concluded section 341.5 applied to the Districts' action, the gravamen of which was a challenge to the constitutional validity of the statued providing one-time general state funding for school districts. View "San Diego Unified School Dist. v. Yee" on Justia Law

The Wilcox County Board of Education ("the Board"); Tyrone Yarbrough, individually and in his official capacity as the superintendent of the Board; and members of the Board Bernard Martin and Lester Turk, individually and in their official capacities, petitioned the Alabama Supreme Court for a writ of mandamus to direct the Wilcox Circuit Court to vacate its order denying their motion to dismiss and to enter an order dismissing with prejudice all claims against them. Reginald Southall was a teacher at Wilcox Central High School. During a meeting of the Board in April 2013, then Superintendent Yarbrough recommended the nonrenewal of Southall's probationary contract. Five Board members were present during the vote. Normally, the Board consists of six members. One seat on the Board, however, was vacant at the time of the April 2013 meeting, due to an order of the circuit court enjoining the Board from filling the vacant seat. Thus, the Board conducted business with only five members during the April 2013 meeting. Upon a motion to accept Yarbrough's recommendation, three Board members voted in favor of not renewing the contract, one member opposed the recommendation, and one member abstained. Southall filed a petition seeking a declaratory judgment, injunctive relief, and a writ of mandamus, in which he asserted that, because of the vacancy on the Board, the termination of his employment was the result of an illegal vote of the Board in violation of 16-8-4, Ala. Code 1975. Under the limited circumstances of this particular case, a majority of the five members was all that was required to accept Yarbrough's recommendation not to renew Southall's probationary contract. Therefore, the Supreme Court concluded the petitioners demonstrated a clear legal right to the order sought. The Supreme Court granted the petition for a writ of mandamus directing the Wilcox Circuit Court to vacate its order, and to enter an order dismissing the underlying action. View "Ex parte Wilcox County Board of Education et al." on Justia Law

In 2012, the Campbell Union School District (CUSD) Governing Board enacted a fee on new residential development under Education Code section 17620. The fee, $2.24 per square foot on new residential construction, was based on a study that projected that “it will cost the District an average of $22,039 to house each additional student in new facilities.” This figure was based on a projected $12.8 million cost to build a new 600-student elementary school and a projected $24.4 million cost to build a new 1,000-student middle school. SummerHill owns a 110-unit residential development project in Santa Clara, within CUSD’s boundaries. In 2012 and 2013, SummerHill tendered to CUSD under protest development fees of $499,976.96. The trial court invalidated the fee and ordered a refund of SummerHill’s fees. The court of appeal affirmed, holding that the fee study did not contain the data required to properly calculate a development fee; it failed to quantify the expected amount of new development or the number of new students it would generate, did not identify the type of facilities that would be necessary to accommodate those new students, and failed to assess the costs associated with those facilities. View "SummerHill Winchester LLC v. Campbell Union School District" on Justia Law

In Moses v. Skanders (Moses II), the New Mexico Supreme Court considered whether using public funds to lend textbooks to private school students violated Article XII, Section 3. In Moses II, the Court held the plain meaning and history of Article XII, Section 3 forbade such lending. The U.S. Supreme Court subsequently vacated the New Mexico Court's judgment and remanded the case for further consideration in light of Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S.Ct. 2012 (2017). On remand, the New Mexico Court concluded its previous interpretation of Article XII, Section 3 raised concerns under the Free Exercise Clause of the First Amendment to the United States Constitution. To avoid constitutional concerns, the Court held that the textbook loan program, did not result in use of public funds in support of private schools as prohibited by Article XII, Section 3. The Court also held the textbook loan program was consistent with Article IV, Section 31 of the New Mexico Constitution, which addressed appropriations for educational purposes, and Article IX, Section 14 of the New Mexico Constitution. View "Moses v. Ruszkowski" on Justia Law

Plaintiffs are four parents and their children residing throughout California and a California nonprofit corporation, A Voice for Choice, Inc. This case rose constitutional challenges to Senate Bill No. 277, which repealed the personal belief exemption to California’s immunization requirements for children attending public and private educational and child care facilities. Plaintiffs sued claiming Senate Bill No. 277 violated their rights under California’s Constitution to substantive due process, privacy, and a public education. The trial court sustained the defendants’ demurrer to plaintiffs’ complaint without leave to amend and plaintiffs appealed. On appeal, plaintiffs also raised an additional argument that Senate Bill No. 277 violated their constitutional right to free exercise of religion, although they did not allege a separate cause of action on that basis in their complaint. The Court of Appeal found "[p]laintiffs' arguments are strong on hyperbole and scant on authority." Finding no violation of plaintiffs' constitutional rights, the Court of Appeal affirmed the trial court. View "Love v. California Dept. of Education" on Justia Law

Plaintiffs appealed a trial court’s order granting defendants’ motion for summary judgment on their negligence claims. Plaintiffs were Jordan Preavy’s mother, Tracy Stopford, in her individual capacity and as administrator of his estate, and his father, Sean Preavy. They alleged their son tcommitted suicide as a result of being assaulted by some of his teammates on the Milton High School football team, which, according to plaintiffs, the school negligently failed to prevent. On appeal, plaintiffs argued the court did not properly apply the summary judgment standard nor the appropriate duty of care and that it erred when it concluded that plaintiffs failed to prove that the assault was foreseeable and that it was the proximate cause of Jordan’s suicide. Further, plaintiffs argued the court improperly imposed a monetary sanction on their attorney after finding that he engaged in a prohibited ex parte communication with defendants’ expert witness. Finding no reversible error, the Vermont Supreme Court affirmed. View "Stopford v. Milton Town School District" on Justia Law