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Silicon Valley
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Pronouns: he, him, his
John Yeh has been practicing law in California since 1991. A California K-12 public school product and parent, he specializes in representing and advising school districts in charter school oversight, labor and employment, and litigation. He also has extensive experience in advising school boards and school districts on the Brown Act, conflicts of interest, and the California Public Records Act. He represents and advises other educational agencies, including California Joint Powers Authorities, on their legal obligations and various aspects of their operation.
John is one of the State’s most experienced advocates before trial courts, courts of appeal, and the California Supreme Court on charter school and school district matters, having achieved the following results for Burke’s school district clients:
- Successful adjudication before the California Supreme Court of the “Between-Term” rule in the Unemployment Insurance Code, and invalidation of appeals board precedent decision (United Educators of San Francisco AFT/CFT v. California Unemployment Insurance Appeals Board (2020) 8 Cal.5th 805);
- Dismissal of charter school legal challenge to revocation of its charter (Butte County Superior Court Case No. 156847);
- Successful defense of challenge to school district award of meal service contract (San Francisco Superior Court Case No. CPF-12-512681);
- Summary Adjudication in favor of City against charter school’s attempt to exempt itself from local zoning requirements (Santa Clara County Superior Court Case No. 1-13-CV-255504);
- Successful challenge to county board of education’s attempt to grant exemption from local zoning to countywide charter school (San Jose Unified School District v. Santa Clara County Office of Education et al. (2017) 7 Cal.App.5th 967);
- Successful judgment after trial in nuisance action against charter school operating in violation of local zoning ordinances (Santa Clara County Superior Court Case No. 1-13-CV-255504);
- Demurrer sustained without leave to amend as to Petition for Writ of Mandate regarding salary schedule issue (Santa Clara County Superior Court Case No. 16-CV-297270);
- Favorable court of appeal decision addressing material revision requirement for additional charter school sites (Today’s Fresh Start Charter School v. Inglewood Unified School District (2018) 20 Cal.App.5th 276);
- Denial of charter school Writ of Mandate challenging school district facilities allocation under Proposition 39 (Santa Clara County Superior Court Case No. CV340197);
- Dismissal of charter school Writ of Mandate challenging school district facilities allocation under Proposition 39 (San Francisco County Superior Court Case No. CPF-20-517094);
- Affirmance of attorneys’ fees award on behalf of school district against charter school (Sixth District Court of Appeal, Case No. H045884);
- Denial of charter school Writ of Mandate under Proposition 39 (Alameda Superior Court Case No. RG21090115);
- Dismissal of charter school’s Constitutional equal protection and due process claims against public school administrators (Northern District Case No. 20-CV-08555-CRB).
- Discovery sanctions against charter schools for abuse of discovery process. (Contra Costa Superior Court Case No. MSC15-00574; Santa Clara County Superior Court Case No. 21CV380804)
- Denial of charter school request for injunction to stay revocation. (Alameda Superior Court Case No. 24CV078742)
Charter School Law
In the area of charter school law, John has extensive experience advising school boards on the granting, denial, oversight, monitoring and revocation of charters. John’s experience includes the following:
- Representation of several large urban and rural unified school districts, as well as smaller K-8 districts, on how to deal with charter school issues.
- Advising school boards on a number of high-profile charter revocations, as well as on the review of charter petitions, having reviewed over 200 charter petitions on behalf of school districts.
- Advising school districts on best practices in charter school oversight, proposed charter school legislation and charter school facilities and funding.
John has written widely on cutting-edge issues involving charter school law, including a definitive treatment of “Understanding Dependent Charters,” Charter Schools and Collective Bargaining: The Unholy Alliance, and “Charter Schools and Collective Bargaining, Implications for Authorizing Agencies,” (California Schools, Winter 2011) a work that was cited in the Hastings Law Journal (Chen, J. “California Charter School Teachers: Flexibility in the Classroom, Vulnerability as an Employee,” 67 Hastings L.J. 1733 (2016).) He has also written on “Land Use: The New Arena In The Struggle Between Independence and Accountability For Charter Schools.”
Other Areas
John also practices in the areas of personnel and employment law, with a focus on school district labor relations and personnel, including discrimination claims before the DFEH/Civil Rights Division and EEOC. He has also compiled a successful record representing school districts in arbitration hearings and unfair practice claims before PERB. He also advises school districts and other educational institutions and public entities on contracting issues, student matters, retiree benefits, data privacy, and accreditation. His litigation experience includes jury trials, bench trials, writs of mandate, and appeals. John has also been certified as an Interest Based Bargaining trainer, and speaks frequently before industry associations on charter school and school district personnel legal issues.
- United Educators of San Francisco AFT/CFT v. California Unemployment Insurance Appeals Board (2020) 8 Cal.5th 805
- San Jose Unified School District v. Rocketship Education et al. (2021) 2021 WL 3614411 (Not Officially Published)
- Today’s Fresh Start Charter School v. Inglewood Unified School District (2018) 20 Cal.App.5th 276
- San Jose Unified School District v. Santa Clara County Office of Education et al. (2017) 7 Cal.App.5th 967
- American Indian Model Schools v. Oakland Unified School District (2014) 227 Cal.App.4th 258
- California Charter Schools Assn. v. Los Angeles Unified School Dist. (2015) 60 Cal.4th 1221 (Amici Brief)
- J.D., Boston University School of Law, 1991
- B.A., Haverford College, 1988
- State Bar of California
- United States District Court for the Central District of California
- Association of California Schools Administrators Education Legal Support Fund Advisory Group
- California Council of School Attorneys
- When Does Implicit Bias Become Explicit Bias? Understanding and Eliminating Stereotypes and Discrimination in the Public School Workplace
- Understanding the Legal and Practical Aspects of Setting the Superintendent’s Salary
- Deciphering the Education Code: Translating Laws into Sound Personnel Practices for Certificated and Classified Employees
- John Yeh to Present at 2024 CSBA County Board Member Services Conference
- Using the Memorandum of Understanding as the Backbone for Authorizer Oversight Obligations
- Let the Record(s) Reflect: The Ins and Outs of Requesting and Reviewing Charter School Records
- Understanding the Charter School “Mega-Waiver”: Preventing the Descent into Lawlessness
- Charter School Oversight Update: A Webinar for Charter School Authorizers
- Conducting Workplace Investigations: A Practical Guide to Obtaining Defensible and Impartial Findings
- Understanding and Navigating the Scope of Bargaining
- Salary Schedules: A Deep Dive
- From Surviving to Thriving: Family Engagement Strategies to Support AANHPI Students in Times of Turmoil
- Preparing for a Post Pandemic Future: Leveraging Mental Health Services to Nurture Student Wellness
- Burke Education and Workplace Investigations Attorneys Presenter At ACSA Personnel Institute 2023
- Understanding the Psychology of the Bargaining Table
- Charter School Reform Legislation: Implementation and Best Practices
- Move Over, Uncertainty! Understanding the MOU
- The Charter School Legal Landscape: Translating Court Cases into Authorizer Best Practices
- Charter School Reform Legislation: An Overview
- Negotiation And Effective Documentation Of Disciplinary Issues
- From Anti-Asian Hate to Solidarity: How Schools Can Combat Racial Bullying through Ethnic Studies (Panelist)
- Charter School Authorizing and Oversight for School District and County Office of Education Board Members
- Universal TK: What I Learned from my Kindergarten Teacher
- Salary Schedules: A Deep Dive
- Negotiation and Effective Documentation of Disciplinary Issues
- Promoting Board/ Superintendent Coordination on Implementing Charter School Reform Legislation
- Evaluating Psychological Fitness for Duty in School Employees
- Standing Up To Stereotypes and Discrimination Against Asian-Americans/Pacific Islanders
- New Charter School Legislation: The Look of Reform
- Client Webinar: Top Ten AB 1505 Implementation Tips
- Having Your Day in Court: Advocating for Public Education
- Deciphering the Education Code: Translating Laws Into Sound Bargaining Practices for Certificated and Classified Employees
- When Does Implicit Bias Become Explicit Bias? Understanding and Eliminating Stereotypes and Discrimination in the Public School Workplace
- Charter Authorizer Summer Update for Firm Clients No. 2: SB 98 and the Continuing Saga of the “Continuing Charter School”
- Charter Authorizer Summer Update for Firm Clients
- AB 1505 – New Charter Reform Legislation Webinar
- Charter Petition Review: Governance
- Charter Petition – Overview of Process & Legal Standards
- California’s Charter School Law
- Preparing for Charter School Reforms – Both New and Forthcoming
- In Search of A Clear, Bright-Line Rule: My Visit to the California Supreme Court, Keynote Address
- Negotiation and Effective Documentation of Disciplinary Issues
- Deciphering the Education Code: Translating Law into Sound Bargaining Practices
- Salary Schedules: A Deep Dive
- Reclaiming Public Education: Ensuring Transparency and Accountability in Charter School Operations
- Charter Petition Review
- Deciphering the Education Code: Translating the Law into Sound Personnel Practices for Certificated & Classified Employees
- Promoting Student Safety: Child-Abuse Reporting and Safe Personnel Practices for Public School District Personnel
- Working With Your Governing Board On All Things Charter
- Material Revisions – Best Practices and Procedures
- The Role of Board Policies in Charter Authorization and Oversight
- Charter School Transparency
- Salary Schedules: A Deep Dive
- Deciphering the Education Code – Translating Law into Sound Bargaining Practices
- How to Achieve State-of-the-Art Charter Authorizer Status: San Jose Unified’s Authorizer Best Practices
- School District Challenges: Charter School Facilities
- Charter Renewal Decisions
- Charter School Admissions Lotteries: Ensuring Equity & Fairness in the Admissions Process
- Reviewing For Quality: Educational Program
- Charter School Oversight: The Need for Reform in Charter School Finances and Governance
- When Charter Oversight Becomes Crisis Management
- Private Device Issues Panel Discussion
- Charter Schools: Authorizer Challenges
- ACSA’s Legal Alliance: Hot Topics in Human Resources Today
- Independent v. Dependent Charters
- The Shifting Total Compensation Paradigm
- Preparing and Responding to Union Pressure Tactics
- Charter School Legal Issues
- Keeping Charter Schools in Check: Enforcing Accountability and Compliance
- Dealing with Board Member Conflict of Interest Issues, Legal Symposium for Experienced Board Members
- Education Insights: Legal Update (Keeping Up with State and Federal Accountability Regulations)
- The Perils OF Using Electronic Devices During Board Meetings
- Charter School Facilities: Understanding the Proposition 39 Process
- Charter Schools: Authorizing Board Responsibilities
- Authorizers Question Time: Open Forum with a Panel of Experts
- Total Compensation: What Components Should Be Included
- Law and Regulation Updates
- Charter Authorizer Challenges: Facilities, Funding and Authorizer Power
- County Offices of Education and Charter Oversight: Responsibilities and Best Practices
- Five Reasons Not to Check Your Smartphone During Board Meetings
- Charter Petition Renewal
- Charter Revocation
- Ensuring a Pupil-Friendly Charter Petition Review Process
- Keeping Students Safe: Cyberbullying and Sexual Violence
- Navigating Academic Performance Data Requirements on Charter Authorizer Duties
- Board Presidents Workshop: Tools for Strategic Leadership
- Total Compensation – What Should Be Included Today?
- Best Personnel Practices to Promote Student Safety
- Using Personnel Investigations to Reduce Risk and Maintain Staff Relations
- Employee Compensation: The Shifting Paradigm
- Legal Alliance Panel
- Fulfilling Charter Authorizer Obligations under LCFF and LCAP
- Teacher Tenure and Seniority: What is Their Future After Vergara?
- Best Practices for Effective Workplace Investigations
- Reviewing Charter School Petitions in the Era of LCFF
- Brown Act: Burlingame – What You Need to Know
- How Does Cyberspace Affect Your Personnel Practices
- Effectively Communicating Your District’s Choices
- School District Local Control Accountability Plan Deadline Extended by Governor’s Executive Order
- Summary of Major Changes to Petition Review and Appeal Process and Criteria Under AB 1505
- Court of Appeal Affirms School District’s Discretion to Locate Charter Schools Under Proposition 39
- Charter Schools Must Obtain Approval of Additional School Sites through a Material Revision, Not Renewal, of their Charter
- Charter Bill Reveals Potential to Widen Divide with LEA’s
- Internal Affairs: Lopsided Time Limits in San Jose Unified’s Charter Debate
- Land Use: The New Arena in the Struggle between Independence and Accountability for Charter Schools
- Inside Celerity Charter School Network, questionable spending and potential conflicts of interest abound
- Courts Reject Attempts to Exempt Charter Schools from Local Zoning Requirements
- Courts: Only District Can Zone Charter Schools
- Livermore Charter Schools, School District Battle Over Rumors
- School Board Talks ROP
- Court of Appeal Issues Important Clarification of Summer Unemployment Benefits for School Employees
- Sunnyvale: Trial Between City and Alternative School Over Zoning Comes to a Close
- California Supreme Court Issues Significant Ruling on School District Allocation of Classrooms to Charter Schools
- Article on California Charter Schools Association v. Los Angeles Unified School District California Supreme Court decision
- Unchartered territory: Dueling petitions for Antioch medical high school draws wide attention