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The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.

Education Law

Court Upholds Right to Picket on School Premises

April 23, 2018 by

In the seminal case, Tinker v. Des Moines Independent Community School District, the United States Supreme Court explained that “[i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom… Read More

Student Teaching and Research Assistants Unite!

September 1, 2016 by

The NLRB on August 23 issued a ruling that private university students who work as teaching or research assistants and who meet the common-law definition of “employee” are no longer excluded from coverage under the… Read More

With Passionate Dissenters, CA Supreme Court Leaves Intact Teacher Due Process Laws and Rejects Constitutional Right to ‘Quality’ Education

August 29, 2016 by

In a closely watched case, and by a close vote, the California Supreme Court refused to find unconstitutional California’s teacher tenure, dismissal, and layoff statutes.  In Vergara v. State of California and the California Teachers… Read More

Public School Teachers Dodge Another Bullet (after Friedrichs) as the Court of Appeal Refuses to Void the Education Code in Vergara v. State of California

April 18, 2016 by

First, as a direct result of Judge Scalia’s unexpected demise, a four-four split on the U.S. Supreme Court granted a reprieve to public sector unions whose agency fees and opt-out provisions were on the chopping… Read More

NLRB Revises Managerial Employee Exclusion and Religious Institution Exemption in Higher Education

January 7, 2015 by

In the December 16 decision in Pacific Lutheran University, the NLRB extended the reach of the National Labor Relations Act (Act) with respect to higher education faculty under the religious institution exemption and the managerial… Read More

Teacher Names Linked to Test Scores Ruled Exempt From Public Disclosure

August 25, 2014 by

Standardized testing in education is a contentious issue. Proponents of testing argue that it is necessary for evaluating both student and teacher performance. Opponents believe testing forces teachers to “teach to the test” which only… Read More

California Legislature Revamps Laws Governing Dismissals and Suspensions of Public School Educators

July 14, 2014 by

So far this year, legal activity around public school teacher rights in California has been mixed with job rights advocates and lawyers seeing setbacks as well as increased protections.  The close of the 2014 legislative… Read More

2013 California Legislative Round-Up

November 1, 2013 by

Contributors:  Peter McEntee, Susan Garea, Vishtasp Soroushian, Adrian Barnes, Christopher Hammer, Dalisai Nisperos and Kate Hegé.   Edited by Teague Paterson. As has become a ritual in recent years, Governor Brown signed a large number of… Read More

Federal Courts Reaffirm First Amendment Rights of Public Employees

October 29, 2013 by

Public sector employees enjoy a limited First Amendment protection from employer retaliation for free speech that private sector employees generally do not enjoy. To be protected, the employee’s speech must have been undertaken in the… Read More

Guidance on Employer’s Refusal to Bargain a Non-negotiable Decision: California Public Employment Relations Board Decision Supports Employees (PERB) when “Reasonably Foreseeable” Impact Shown

April 5, 2013 by

The California Higher Education Employer-Employee Relations Act (HEERA) provides the statuary basis for union formation and bargaining for State-run Colleges and Universities.  As part of Beeson, Tayer & Bodine’s dedication to follow cases and decisions… Read More