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Legal news from Saturday, January 22, 2011




California judge approves landmark settlement in teacher layoff case
Aman Kakar on January 22, 2011 5:01 PM ET

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[JURIST] Los Angeles County Superior Court [official website] Judge William F. Highberger approved a settlement on Friday effectively limiting the use of seniority in layoffs in the Los Angeles Unified School District (LAUSD) [official website]. The class action suit against the State of California [official website] and LAUSD was originally filed [text, PDF] in February 2010 by the American Civil Liberties Union of Southern California (ACLU/SC) [official website] and attorneys at Morrison & Foerster, LLP [official website] on behalf of California students. The class action suit accused the state of violating the California Constitution [text] by failing to provide equal opportunity in education and violating the privileges and immunities clause by adhering to a "last-hired, first-fired" layoff policy. The attorneys argued that policy was responsible for the firing of effective teachers which decimated the educational quality at the Plaintiff's schools. The parties reached a settlement agreement [text, PDF] in October which will prevent budget based layoffs in 45 schools whose educational quality would suffer from teacher turnovers and ensure that no school will experience greater turnover than the district average of layoffs that year. It also calls for the state to hire teachers that meet quality requirements and retention incentives to attract teachers and principals. Catherine Lhamon [official website], director of impact litigation at Public Counsel Law Center [official website] praised the decision [press release]:
Judge Highberger literally changed the educational lives of tens of thousands of LA kids, promising them they won't have to carry the budgetary pain of the school district and instead can expect a chance to learn when they go to school. As bleak as the State's financial crisis is, the good news today is that Judge Highberger restored the promise that all kids should be equal at school.
The United Teachers of Los Angeles announced [text, PDF] their plan to appeal the settlement, arguing that the settlement does not address the systemic problems at hard-to-staff schools.

Challenges to teacher tenure rules have increased as States face budget problems. On Wednesday, New Jersey Gov. Chris Christie [official website] expressed his desire to end teacher tenure based on seniority [ABC report] as a part of his school reform plans. Instead, Christie proposes to base tenure on classroom performance. Critics, including the state teachers union, however, think Christie is moving too quickly with such reforms, and should instead be a gradual process.




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For-profit schools file suit seeking to overturn new regulations
Aman Kakar on January 22, 2011 3:22 PM ET

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[JURIST] The Association of Private Sector Colleges and Universities (APSCU) [official website] on Friday filed suit [complaint, PDF] against the US Department of Education (DOE) [official website] in federal court seeking to overturn three regulations promulgated by the department. The challenged rules are a part of the DOE's final regulations [text, PDF] adopted in October. One rule challenged by the suit would stop deceptive advertising by schools. Another bars recruiters from being paid based on how many students they enroll. A third specifies minimum steps a state must take to authorize post-secondary programs that participate in federal student aid programs. In the complaint, filed at the US District Court of the District of Columbia [official website], APSCU claims the DOE's final regulation's violate both the Higher Education Opportunity Act [text, PDF] and the Constitution. Additionally, the complaint accuses the DOE of not granting private sector schools adequate representation during the negotiation rule-making process. APSCU claims that the DOE rushed the regulatory process for proposals that they knew would not be well-received in order to implement a desired outcome irrespective of the concerns of the stakeholders and the public. The DOE has not yet responded to the complaint.

The new regulations are a part of a larger federal crackdown on for-profit schools that are accused of graduating poorly educated students with high student-loan debt. A report [text, PDF] released by the US Government Accountability Office (GAO) [official website] accused for-profit colleges of promoting fraudulent practices so their students could acquire federal aid, exaggerating potential salary after graduation and failing to provide clear information about costs and duration of programs. Additionally, a 2009 GAO report found that for-profit college students were more likely to default on federal student loans than were students from other colleges.




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Guatemala ex-president begins embezzlement trial
Drew Singer on January 22, 2011 12:51 PM ET

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[JURIST] Former Guatemalan president Alfonso Portillo [CIDOB profile, in Spanish] went to trial on Friday facing charges of embezzlement [JURIST report]. Portillo denies accusations that he diverted approximately USD $15 million in funds from the Ministry of Defense while he was in power between 2000 and 2004. Former Defense Minister Eduardo Arevalo and former Finance Minister Manuel Maza are also on trial. The trial was allowed to proceed after the International Commission Against Impunity in Guatemala (CICIG) [official website, in Spanish] provided sufficient evidence to the court of Portillo's corruption. Evidence was also provided by the French government showing that bank accounts were established in the names of members of Portillo's family in order to launder the money. The trial was scheduled to begin in September, but was delayed after a series of objections by Portillo's lawyers.

In March, a Guatemalan court ruled that Portillo can be extradited to the US [JURIST report] to face charges of money laundering. He is accused of taking $15.8 million from funds designated for the Guatemalan Ministry of Defense and siphoning it into bank accounts in Europe and Bermuda. Portillo was arrested [BBC report] in January following an arrest warrant issued by Guatemala [JURIST report] based on the US indictment. In 2008, Portillo was extradited [JURIST report] back to Guatemala from Mexico, where he had fled after his immunity expired along with his term in office. The extradition order was first signed [JURIST report] in 2006, but Portillo challenged it until the Mexican Supreme Court ruled against him in January 2008. Lawyers for the Portillo and his minsters maintain their innocence, arguing that they were acting within the country's constitutional limits.




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Haiti to probe alleged rights violations by former dictator: report
Drew Singer on January 22, 2011 12:39 PM ET

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[JURIST] Amnesty International (AI) [advocacy website] announced Friday that Haitian authorities will investigate crimes committed against humanity [press release] allegedly committed under the rule of Jean-Claude Duvalier [BBC backgrounder] during the 1970s and 80s. The announcement comes one day after an Amnesty International researcher met with Haitian prosecutor Harycidas Auguste, giving him documents pertaining to dozens of cases of detention without trial, systematic torture, enforced disappearances and extrajudicial executions in Haiti between 1971 and 1986. The group also urged Haiti to allow for abuse victims to speak with the government to provide evidence. Al's researcher on Haiti, Gerardo Ducos praised the government's decision to investigate Duvalier and emphasized its importance to the country:
Investigating Jean-Claude Duvalier for the human rights crimes committed during his time in power is a massive step forward. What we need to see now is a swift and impartial process, in line with international standards, that truly brings justice for those who have been waiting for too long...Torture, enforced disappearances and extrajudicial executions are crimes under international law...Justice must be done if Haiti is to move forward.
AI is also calling on the UN to provide technical support for the investigation to ensure that it is properly administered.

Duvalier, also known as "Baby Doc," is the son of former Haitian leader Francois Duvalier, or "Papa Doc," whom he succeeded as leader [BBC report] in 1971. Following a tumultuous reign, which included accusations of thousands of murders by his regime [HRW report], Duvalier fled Haiti in 1986, and has since resided in France. In 2007, current Haitian leader Rene Preval expressed a renewed commitment to bring Duvalier to justice [JURIST report], despite Duvalier's pleas for forgiveness [Guardian report].




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