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

Single Topic for Decision J027E

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(The Board’s conclusion that Education Code section 47611.5, subdivision (b) did not preclude a finding that a charter school with multiple sites was a single employer does not present a novel issue warranting judicial review. The fact that CAVA disagrees with the Board’s legal and factual conclusions does not make for a “novel” issue. If such disagreements did determine a “novel issue,” every case involving conflicting statutory interpretations, no matter their merit, would satisfy this element, rendering meaningless the policy considerations that counsel for a very strict standard in joining in requests for judicial review.) (The decision’s discussion of the meaning of the phrase “exclusive public school employer” contained in Education Code section 47611.5, subdivision (b). in addressing CAVA’s argument does not turn this fact-intensive case into one of statutory construction.)