Education

California State Seal Sacramanto, California, Usa
Print Page

Attorneys at Olson Remcho advise and represent private citizens, organizations, and members of the California education community in matters involving state education funding (including funding for state-imposed education mandates and teacher and school employee pension benefits), actions taken by the State Board of Education, and the powers and duties of county and school district boards of education.  Our deep experience and expertise in education law includes matters involving Proposition 98, the Local Control Funding Formula, Local Control and Accountability Plans, state-imposed education mandates, teacher and school employee pension benefits, school bonds and parcel taxes, and early education. 

We provide our state and local education clients with expert litigation services, as well as support in drafting legislation and  ballot measures.  Additionally, we advise education clients on all aspects of participation in the political process, including campaign reporting requirements and lobbying.

We provide our education clients with expert litigation services, as well as support in drafting legislation and defending ballot measures.

Our attorneys regularly advise and represent schools  and school districts in matters before the Education Audit Appeals Panel.  Our attorneys have a solid record of obtaining substantial reductions in — and in some cases, the complete reversal of —penalties associated with education audit findings against our clients.

Representative Engagements:

  • Obtained over $5 billion in Proposition 98 funding and significant legislative clarification of the constitutional funding obligation through litigation and settlement of CTA v. Gould and CTA v. Schwarzenegger.
  • Achieved state budget augmentation of $11 billion in Proposition 98 funding following successful resolution of dispute over calculation of constitutional maintenance factor obligation.
  • Assisted in negotiating and drafting groundbreaking legislative resolution of the CalSTRS unfunded liability for teacher pensions.  
  • Settled appeal by Oakland Unified School District, eliminating $30 million in penalties stemming from an annual compliance audit
  • Reduced liability for several audit findings for Vallejo City Unified School District by almost $3 million
  • Obtained agreement absolving Mt. Diablo Unified School District of a $1.3 million penalty associated with audit finding over District’s processing of teacher credential documents.

Representative Cases:

Cruz v. State of California, Alameda County Superior Court, Case No. RG14727139 (2015).  Successfully defended the State Board of Education and Superintendent of Public Instruction against a preliminary injunction motion alleging constitutional inadequacies in instructional time.

California Redevelopment Association v. Matosantos, 53 Cal. 4th 231 (2011).  Filed amicus curiae brief on behalf of the California Teachers Association in support of the State’s efforts to restructure California’s redevelopment agencies and provide additional funding for California’s public schools. 

California School Boards Association v. California State Board of Education, No. C060957, 2010 WL 1692760 (Cal. App. 2010).  OR attorneys represented the California School Boards Association and the California State Superintendent of Public Instruction in a successful challenge to the State Board of Education’s effort to force schools to comply with an unfunded mandate that all eighth graders take Algebra I.

California School Boards Association v. California State Board of Education, 186 Cal. App. 4th 1298 (2010). Successful challenge to unlawful action taken by the California State Board of Education in approving a statewide charter.

California School Boards Association v. State of California, 192 Cal. App. 4th 770 (2011).  Established that the state’s practice of deferring mandate reimbursement to schools was contrary to California law.

California School Boards Association v. State of California, 171 Cal. App. 4th 1183 (2009).  Successful challenge to state’s efforts to reduce its obligation to reimburse local governments for state-imposed mandates.

Mendoza, et al. v. State of California, 149 Cal. App. 4th 1034 (2007).  Successful challenge to state legislation transferring control of the Los Angeles Unified School District to the Mayor.

California Teachers Association v. Schwarzenegger, Sacramento County Superior Court, Case No. 05CS01165 (2006).  Represented the California Teachers Association and the Superintendent of Public Instruction in a successful challenge to efforts to reduce education funding far below the amount agreed upon in the 2004-05 budget compromise.  Recovered $3 billion in Proposition 98 funding for schools and implementation of the Quality Education Investment Act of 2006.

Wilson v. State Board of Education, 75 Cal. App. 4th 1125 (1999).  Successfully defended the constitutionality of California’s Charter Schools Act of 1992.

McLaughlin v. State Board of Education, 75 Cal. App. 4th 196 (1999).  Filed amicus curiae brief in litigation over the authority of the State Board of Education to grant waivers to school districts from the requirements Proposition 227 (bilingual education).

California Teachers Association v. Gould, Sacramento County Superior Court, Case No. 373415 (1996).  Lead counsel for a coalition of education groups and the Superintendent of Public Instruction in a case challenging education funding components of the 1992-93 budget compromise.  The coalition won at the trial court and ultimately negotiated a settlement that restored $2 billion in school funding.

Pajaro Valley Unified School District School Reorganization.  Represented the City of Watsonville in an administrative proceeding before the State Board of Education, successfully opposing an attempt by an affluent portion of the Pajaro Valley Unified School District to split off from the generally less affluent remainder of the District.

ABC Unified School District v. State of California, Orange County Superior Court, Case No. 686300 (1992).  In this sequel to Serrano v. Priest, the seminal case requiring equal per-pupil funding in California, the firm successfully defended the California State Superintendent of Public Instruction’s compliance with the court’s mandate in Serrano.

California Teachers Association v. Hayes, 5 Cal. App. 4th 1513 (1992).  Represented the California Teachers Association in the first appellate court decision addressing the implementation of legislation implementing the Constitution’s minimum funding guarantee for K-14 education.

Serrano v. Priest, 200 Cal. App. 3d 897 (1986).  Represented the California State Superintendent of Public Instruction in trial and appellate court litigation upholding the State’s compliance with the Supreme Court’s order to equalize school funding throughout the State.