Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

Lastly, as El did not provide any evidence of an alternative policy that served SEPTA’s legitimate goals as effectively as its current policy but which resulted in less of a disparate impact, SEPTA had adequately established the affirmative defense of business necessity to confer summary judgment. Josephs v. Pacific Bell 312 Plaintiff was initially discharged because of his failure to properly disclose his prior convictions on his employment application. He sued PacBell for unlawful termination of employment and unlawful refusal to reinstate in violation of the ADA and FEHA based on allegations that PacBell both terminated and refused to reinstate him because it regarded him as mentally disabled. At trial, the evidence showed that three other PacBell employees had been terminated for failure to disclose prior criminal convictions on their employment applications but, unlike plaintiff, they had been reinstated or offered a conditional reinstatement. There was also evidence that PacBell’s management had looked up and discussed with various PacBell employees news reports that plaintiff had been treated and released from the state mental hospital and was a “mentally disordered sex offender.” The jury determined by special verdict that PacBell’s termination of plaintiff was non-discriminatory. However, the jury determined that PacBell refused to reinstate plaintiff because it regarded him as mentally disabled in violation of the ADA and awarded compensatory damages. The Ninth Circuit Court of Appeals affirmed and recognized discriminatory failure to reinstate as a separately actionable claim.

D. S TUDENT RECORDS

1. W HAT M UST B E R ETAINED Under the Education Code, student records include any information that that is related to a student. 313 It does not include directory information, medical treatment information, letters of recommendation, law enforcement records and parent financial information. 314 Directory information is general information about the student including, their name, address, telephone number, date of birth, major field of study, participation in official school sports and organizations, dates of attendance, awards and degrees, and the prior most recent school attended. 315 Districts must establish policies regarding the identification and release of directory information. 316 Districts must also establish regulations regarding the maintenance, destruction, and compilation of student information. 317 Title 5 establishes that districts may only retain information relevant to, admission, registration, academic history, benefits, extracurricular activities, counseling and guidance, discipline. 318

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 102