September 18, 2015 | 5.50 hours MCLE
Hilton Garden Inn | 1800 Powell Street, Emeryville, CA 94608
Agenda
8:00 – 8:30 a.m.
Registration and Continental Breakfast
8:30 – 8:45 a.m. (.25 hr. MCLE)
Welcoming Remarks
Presenter: Peter Fagen, CCSA President and Partner, Fagen Friedman and Fulfrost
8:45 – 9:45 a.m. (1.0 hr. MCLE)
How Well Do You Know the Brown Act?
This workshop will test your advanced knowledge of the Brown Act as we dive into real-life scenarios faced by board members. The hypotheticals will include scenarios such as how to report out closed session settlement agreements, limitations on teleconferencing, approving administrator contracts at regular meetings, and problems with serial meetings by e-mail.
Presenters: Loren Soukup, Associate General Counsel & Patrick Wilson, Senior Associate General Counsel, School and College Legal Services of California
9:50 – 10:50 a.m. (1.0 hr. MCLE)
Concurrent Sessions:
1. Tustin as Relates to ADA
The Ninth Circuit’s decision in K.M. v. Tustin Unified School District came as a surprise to school attorneys throughout the state of California. In Tustin, the Ninth Circuit ruled that compliance with the IDEA does not result in automatic compliance with the ADA and that school districts must meet two different standards and comply with both the IDEA and ADA. This presentation will discuss the two different standards and challenges that school districts face.
Presenter: Ron Wenkart, General Counsel, Orange COE
2. Lease leaseback is this still a viable project delivery method given all of the court cases?
The lease leaseback project delivery method has been successfully used by school districts for decades to deliver projects on time and on budget. This workshop will examine the language of the lease leaseback statutes, discuss the arguments that have been proposed by the challenges, and also discuss the Courts of Appeal's line of questioning during oral argument and the status of the various challenges.
Presenters: Terry Tao, Senior Partner, Atkinson Andelson Loya Ruud Romo
10:50 - 11:05 a.m. Break
11:05 a.m. – 12:05 p.m. (1.0 hr. MCLE)
Using Workplace Investigations to Avoid Risk and Defend Litigation
Attorneys will learn strategies for advising their clients on selecting investigators, managing investigations that are legally compliant, and ensuring investigations are conducted in a manner that enables the school districts to remedy unlawful or risky conduct. The program will cover the requirements and nuances of California’s Private Investigator Act; how to establish, maintain, and protect the attorney-client privilege during and after the investigation; tips for managing investigations without interfering with the investigator’s neutrality or impacting the integrity of the investigation; how to use investigations effectively in litigation that arises out of an investigation; and the question of whether to rely on the investigation, waiver of the attorney-client privilege, and using the investigation to impeach witnesses.
Presenter: Lisa Buehler, Partner, Ellis Buehler Makus LLP
12:15 – 1:15 p.m. Lunch
1:15 – 2:30 p.m. (1.0 hr. MCLE)
Title IX – What is it and How Can Noncompliance Affect Your Facilities
Title IX protects students against unlawful sex discrimination in school programs and also requires schools to protect its students from, and address occurrences, of sexual harassment and sexual violence. In many instances, violations of Title IX may lead to modification of facilities to satisfy the Office of Civil Rights of the US Department of Education and to address either the alleged discrimination or to prevent future occurrences of sexual harassment and sexual violence. This workshop will provide an overview of Title IX requirements, risks of noncompliance, and examples of changes to facilities that have been undertaken either voluntarily, through resolution with the Office of Civil Rights, or pursuant to a court order.
Presenters: Terry Tao, Senior Partner, Atkinson Andelson Loya Ruud Romo & Laura Schulkind, Partner, Liebert Cassidy Whitmore
2:30 – 3:30 p.m. (1.0 hr. MCLE)
Substance Abuse – Getting Help When You Need It
The Lawyer Assistance Program (LAP) is a confidential service of the State Bar of California. Staffed by professionals with many years of experience assisting the legal community with personal issues, the LAP provides assistance to attorneys whose personal or professional life is being detrimentally impacted by substance abuse, other compulsive behaviors, and/or mental health concerns such as depression and/or anxiety. The creation of attorney-only assistance programs is an outgrowth of years of experience in addressing substance-related disorders and mental health issues in professional populations and the unique challenges associated with such efforts.
Presenter: Richard Carlton, Acting Director, Lawyer Assistance Program