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6 California opinions name it 2 courts 1989–2024 2 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
California Teachers' Ass'n v. Livingston Union School Districtgreen2 sentences2016Code, § 3541.5.) ‘“PERB’s exclusive jurisdiction extends to all alleged violations of the EERA, not just those which constitute unfair practices.” (Personnel Com. v. Barstow Unified School Dist. (1996) 43 Cal.App.4th 871, 885 [ 50 Cal.Rptr.2d 797 ] (Barstow Unified).) ‘“This statutory scheme has been consistently interpreted to confer limited jurisdiction to PERB.” (California Teachers’ Assn. v. Livingston Union School Dist. (1990) 219 Cal.App.3d 1503, 1510 [ 269 Cal.Rptr. 160 ] (Livingston Union).) Although ‘“PERB does not have exclusive jurisdiction where a pure Education Code violation {as 2016Code, § 3541.5.) ‘“PERB’s exclusive jurisdiction extends to all alleged violations of the EERA, not just those which constitute unfair practices.” (Personnel Com. v. Barstow Unified School Dist. (1996) 43 Cal.App.4th 871, 885 [ 50 Cal.Rptr.2d 797 ] (Barstow Unified).) ‘“This statutory scheme has been consistently interpreted to confer limited jurisdiction to PERB.” (California Teachers’ Assn. v. Livingston Union School Dist. (1990) 219 Cal.App.3d 1503, 1510 [ 269 Cal.Rptr. 160 ] (Livingston Union).) Although ‘“PERB does not have exclusive jurisdiction where a pure Education Code violation {as | 2 | 2 |
Board of Education of the Round Valley Unified School District v. Round Valley Teachers Ass'ngreen2 sentences2024Education Code section 45113, subdivision (b) provides that “the governing board’s determination of the sufficiency of the cause for disciplinary action shall be conclusive.” (See Board of Education v. Round Valley Teachers Ass’n (1996) 13 Cal.4th 269, 287 [“school board’s determination of sufficiency of cause for disciplinary action” is conclusive via statute].) There is no decisional law discussing the intersection between Education Code section 45113 and the EERA. 2024Education Code section 45113, subdivision (b) provides that “the governing board’s determination of the sufficiency of the cause for disciplinary action shall be conclusive.” (See Board of Education v. Round Valley Teachers Ass’n (1996) 13 Cal.4th 269, 287 [“school board’s determination of sufficiency of cause for disciplinary action” is conclusive via statute].) There is no decisional law discussing the intersection between Education Code section 45113 and the EERA. | 1 | 1 |
Brennon B. v. Super. Ct.green1 sentence2022We agree with the Court of Appeal that the amended language of Education Code section 201 “does not say public school districts are business establishments under the Unruh Act.” (Brennon B., supra, 57 Cal.App.5th at p. 396.) Like the court below, we find that bringing public school districts within the ambit of the Unruh Civil Rights Act would have exceeded the stated intention behind the 1998 amendment and been in tension with the Legislature’s professed goal of mitigating litigation costs for schools.10 (Id. at pp. 393-397.) Additionally, we are not persuaded — in light of the mootness of th | 1 | 1 |
Personnel Commission v. Barstow Unified School Districtgreen2 sentences2016Code, § 3541.5.) ‘“PERB’s exclusive jurisdiction extends to all alleged violations of the EERA, not just those which constitute unfair practices.” (Personnel Com. v. Barstow Unified School Dist. (1996) 43 Cal.App.4th 871, 885 [ 50 Cal.Rptr.2d 797 ] (Barstow Unified).) ‘“This statutory scheme has been consistently interpreted to confer limited jurisdiction to PERB.” (California Teachers’ Assn. v. Livingston Union School Dist. (1990) 219 Cal.App.3d 1503, 1510 [ 269 Cal.Rptr. 160 ] (Livingston Union).) Although ‘“PERB does not have exclusive jurisdiction where a pure Education Code violation {as 2016Code, § 3541.5.) ‘“PERB’s exclusive jurisdiction extends to all alleged violations of the EERA, not just those which constitute unfair practices.” (Personnel Com. v. Barstow Unified School Dist. (1996) 43 Cal.App.4th 871, 885 [ 50 Cal.Rptr.2d 797 ] (Barstow Unified).) ‘“This statutory scheme has been consistently interpreted to confer limited jurisdiction to PERB.” (California Teachers’ Assn. v. Livingston Union School Dist. (1990) 219 Cal.App.3d 1503, 1510 [ 269 Cal.Rptr. 160 ] (Livingston Union).) Although ‘“PERB does not have exclusive jurisdiction where a pure Education Code violation {as | 1 | 1 |
United Teachers of Ukiah v. Board of Educationgreen2 sentences1989(United Teachers of Ukiah v. Board of Education (1988) 201 Cal.App.3d 632, 640 [ 251 Cal.Rptr. 499 ].) In Wygant , a certificated teacher petitioned for a writ of mandate contending that a school district’s salary policy violated section 45028. 1989(United Teachers of Ukiah v. Board of Education (1988) 201 Cal.App.3d 632, 640 [ 251 Cal.Rptr. 499 ].) In Wygant , a certificated teacher petitioned for a writ of mandate contending that a school district’s salary policy violated section 45028. | 1 | 1 |
Forker v. Board of Trusteesgreen2 sentences1989(Forker v. Board of Trustees (1984) 160 Cal.App.3d 13, 19 [ 206 Cal.Rptr. 303 ].) Where the teacher’s mental competence is at issue, California courts require the school district to comply with various Education Code hearing procedures in order to satisfy due process. 1989(Forker v. Board of Trustees (1984) 160 Cal.App.3d 13, 19 [ 206 Cal.Rptr. 303 ].) Where the teacher’s mental competence is at issue, California courts require the school district to comply with various Education Code hearing procedures in order to satisfy due process. | 1 | 1 |
Wygant v. Victor Valley Joint Union High School Districtgreen2 sentences1989Code, § 3541.5; [citations].)” (Wygant v. Victor Valley Joint Union High School Dist. (1985) 168 Cal.App.3d 319, 322 [ 214 Cal.Rptr. 205 ].) However, PERB does not have exclusive jurisdiction where a pure Education Code violation (as opposed to an arguably unfair practice) is alleged. 1989Code, § 3541.5; [citations].)” (Wygant v. Victor Valley Joint Union High School Dist. (1985) 168 Cal.App.3d 319, 322 [ 214 Cal.Rptr. 205 ].) However, PERB does not have exclusive jurisdiction where a pure Education Code violation (as opposed to an arguably unfair practice) is alleged. | 1 | 1 |
Board of Trustees v. Porinigreen2 sentences1989(See id., at pp. 19-20.) The district shoulders the burden of proving that the tenured teacher is incompetent to teach (Board of Trustees v. Porini (1968) 263 Cal.App.2d 784, 790 [ 70 Cal.Rptr. 73 ]), and may not circumvent this burden by relying on its collective bargaining agreement. 1989(See id., at pp. 19-20.) The district shoulders the burden of proving that the tenured teacher is incompetent to teach (Board of Trustees v. Porini (1968) 263 Cal.App.2d 784, 790 [ 70 Cal.Rptr. 73 ]), and may not circumvent this burden by relying on its collective bargaining agreement. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dixon v. Board of Trustees
green
2 sentences2016Code, § 3541.5.) ‘“PERB’s exclusive jurisdiction extends to all alleged violations of the EERA, not just those which constitute unfair practices.” (Personnel Com. v. Barstow Unified School Dist. (1996) 43 Cal.App.4th 871, 885 [ 50 Cal.Rptr.2d 797 ] (Barstow Unified).) ‘“This statutory scheme has been consistently interpreted to confer limited jurisdiction to PERB.” (California Teachers’ Assn. v. Livingston Union School Dist. (1990) 219 Cal.App.3d 1503, 1510 [ 269 Cal.Rptr. 160 ] (Livingston Union).) Although ‘“PERB does not have exclusive jurisdiction where a pure Education Code violation {as 2013(International Federation of Prof. & Technical Engineers v. Bunch (1995) 40 Cal.App.4th 670, 675-676 .) “This statutory scheme has been consistently interpreted to confer limited jurisdiction to PERB.” (California Teachers’ Assn. v. Livingston Union School Dist. (1990) 219 Cal.App.3d 1503, 1510 (Livingston Union School Dist.).) Although “PERB does not have exclusive jurisdiction where a pure Education Code violation (as opposed to an arguably unfair practice) is alleged” (Dixon v. Board of Trustees (1989) 216 Cal.App.3d 1269, 1277 , italics added), it is well settled the board retains exclusiv | 2 | 2013–2016 |
INT'L FED'N OF PROF. & TECH. ENGINEERS v. Bunch
green
1 sentence2013(International Federation of Prof. & Technical Engineers v. Bunch (1995) 40 Cal.App.4th 670, 675-676 .) “This statutory scheme has been consistently interpreted to confer limited jurisdiction to PERB.” (California Teachers’ Assn. v. Livingston Union School Dist. (1990) 219 Cal.App.3d 1503, 1510 (Livingston Union School Dist.).) Although “PERB does not have exclusive jurisdiction where a pure Education Code violation (as opposed to an arguably unfair practice) is alleged” (Dixon v. Board of Trustees (1989) 216 Cal.App.3d 1269, 1277 , italics added), it is well settled the board retains exclusiv | 1 | 2013–2013 |
Calif. Sch. Emp. Assn. v. Azusa Unified Sch Dist.
green
1 sentence1989(California School Employees Assn. v. Azusa Unified School Dist, supra, 152 Cal.App.3d at p. 952 .) Accordingly, we hold that petitioners’ allegation that appellants violated section 44931 constituted a pure Education Code violation and therefore PERB did not have initial jurisdiction over this allegation. | 1 | 1989–1989 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.