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Litigation & Arbitration

Nov. 21, 2023

State can’t do any more to control summer school fees, judge says

“If the Water Board cannot be compelled to do something about the water treatment plants’ waste of water in the face of its constitutional and statutory duty … then the state entities cannot be compelled to exercise their discretion to control illegal summer school fees any more than they already have done,” Superior Court Judge James C. Chalfant wrote.

Judge James C. Chalfant

Los Angeles County Judge James C. Chalfant sustained California’s full demurrer to claims that fee-based summer school programs violate the state’s free public education mandate.

Chalfant agreed with the state’s argument that the plaintiffs’ claims were proper against the school districts but the state and the Department of Education are not liable for local agencies’ breaches in tort or contract.

His opinion, ...

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