MISCELLANEOUS ISSUES; EDUCATION CODE – Education Code Sections Considered by PERB (By Number)

Single Topic for Decision 2332E

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Education Code section 17604 does not apply to unfair practice settlement agreements made pursuant to PERB proceedings. The Legislature consciously chose not to import former Education Code section 13081(d) into EERA. Education Code section 35161 does not require that a settlement agreement of an unfair practice charge be ratified or approved of by a school district’s governing board in order to bind the district. Education Code section 35163 does not require ratification of a settlement agreement of an unfair practice charge by a vote of a school district’s governing board. A school district is equitably estopped from relying on Education Code section 35163 when it conceals from the union and PERB the alleged fact that ratification of a settlement agreement of a PERB unfair practice charge is required in order to bind the district.