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State & Federal Programs

The California Association of Private School Organizations
is pleased to announce

Emerging Legal Issues for Private Schools:
The "Ministerial Exception" and Your School

A half-day workshop for private school administrators and business managers *
presented in association with

April 30, 2013
8:30 AM - Registration & continental breakfast
9:00 AM - 11:00 AM - Program

Diocese of Oakland
Cathedral Conference Center
2121 Harrison Street
Oakland, CA 94612

Presenters: Michael Blacher and Grace Chan

Registration Fees:

For schools affiliated with a CAPSO-member organization: $25.00 (per-person)
For schools not affiliated with a CAPSO member: $80.00 (per-person)

Places are limited. Registration will be conducted on a first-come, first-served basis.

Workshop Background: Religious schools are not subject to the same laws as their secular counterparts. A recent US Supreme Court decision held that a teacher at a religious school could not bring a claim of employment discrimination under the "Ministerial Exception." The unanimous ruling contains potentially significant implications for religious private schools, but also raises additional questions and concerns. This workshop will explain and explore the Ministerial Exception's application to your school.

Questions to be Answered and Issues to be Addressed:

What is the "Ministerial Exception?" • What was decided in the US Supreme Court's Hosanna-Tabor Case, and what does it mean for private faith-based schools? • For purposes of the ministerial exception: What is a "church?" • Who is a "minister?" • What claims are covered? • Is it advantageous for a private, faith-based school to designate faculty members as "ministers?" • What are some possible drawbacks? • What issues remain unresolved?

The presentation will be interactive. Participants will have ample opportunity to ask questions.

* The "Ministerial Exception" affects faith-based private schools, only.

About the Presenters

Michael Blacher represents clients in all aspects of labor, employment, and education law. He often advises boards on governance and other issues, including updates to bylaws. Michael works extensively on contractual matters such as employment and enrollment agreements as well as employee and student handbooks. He represents employers in discipline and due process hearings (for both employees and students), discrimination and harassment charges, wage and hour claims, and Family and Medical Leave Act issues. He also represents clients during labor negotiations and PERB proceedings, as well as during arbitrations, administrative hearings, and litigation.

A frequent presenter, Michael has provided workshops for a number of schools and associations. He is one of the firm's most popular trainers.

Prior to joining Liebert Cassidy Whitmore, Michael worked on documentary films, including the Academy AwardŽ winner, The Long Way Home. He also worked at the Museum of Tolerance in Los Angeles.

Grace Chan provides client representation and legal counsel to clients in matters pertaining to employment and labor law. Grace also works extensively with private and independent schools and has experience handling various employment and student issues, such as drafting employment agreements, employee handbooks, enrollment agreements and student handbooks, and providing legal counsel regarding student disciplinary issues. Grace co-authors the firm's monthly newsletter, Private School Matters.

Grace's professional experience has been particularly extensive in the litigation area. She has handled the preparation of witnesses, depositions and all aspects of discovery and trial preparation, law and motion proceedings, settlement negotiations, administrative hearings and trial work. Subject matters have involved employment discrimination, the Fair Labor Standards Act and workers' compensation issues.

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