MICHAEL E. HERSHER

Michael Hersher has recently joined the charter school practice of Middleton, Young & Minney after 35 years of legal practice in the areas of public education law and employment/labor law. For 24 years, Michael was in the Legal Division of the California Department of Education litigating in state and federal court and advising the Department, State Superintendent of Public Instruction, and State Board of Education.  During that time, Michael served as General Counsel, Assistant General Counsel, and Deputy General Counsel.  Areas of practice have included charter schools, special education, school finance, independent study, constitutional rights, and home schooling.

Prior to entering public education, Michael worked for 10 years as a labor and employment lawyer for the California Agricultural Labor Relations Board and as counsel to the National Treasury Employees Union.  His current area of practice at MYM includes employment and labor law, audit defense, governance and policy work, litigation and appeals.

Michael has successfully represented the state and other public entities before the courts and state agencies including the following:

Jonathan L. v. Superior Court, 165 Cal.App.4th 1074 (2008)(Legality of “homeschooling” in CA)

EMS-BP, LLC v. CDE, 2005 WL 1275142 (Promulgation of regulations affecting nonclassroom-based charter schools)

Porter v. Manhattan Beach USDC, 307 F.3d 1064 (9th Cir. 2002)(Special education rights of autistic student)

McLaughlin v. State Board of Education, 75 Cal.App.4th 196 (1999) (Bilingual education and the legality of Proposition 227)

Emma C. v. Eastin, 985 F. Supp. 940 (ND Cal. 1997) (State responsibility to oversee special education policies of school district)

Dawson v. Eastside Union High Sch. Dist., 28 Cal.App.4th 998 (1994)(Televised advertising in the classroom)

Butt v. State of California, 4 Cal.4th 668 (1992) (Responsibility of State to keep schools open in insolvent school districts)

State of California v. Bennett, 833 F.2d 827 (9th Cir. 1987); 849 F.2d 1227(9th Cir. 1988); 872 F.2d 303 (9th Cir. 1889)(Various appeals of federal audit exceptions regarding categorical program funds)

ALRB v. Tex-Cal Land Management, Inc., 43 Cal.3d 696 (1987) (Collective bargaining rights of farm workers)

F & P Growers Assn. v. ALRB, 172 Cal.App.3d 1127 (1985) (Rights of farm worker organizations to hold elections)

Michael also has been an Adjunct Professor of Public Education Law at Pacific McGeorge School of Law for the last five years.  He has taught numerous workshops for lawyers and investigators on special education, alternative dispute resolution, complaint investigation, and charter schools.  He has also participated in numerous panel discussions and presentations on legal “hot topics” for California lawyers representing school districts.  He has written numerous opinions on education law issues, including the following published law review articles:

Yale Law Journal, “Home Schooling in California,” July 2008

UCLA Journal of Education, “Collective Bargaining and Public Education,” Summer 1989

UCLA Journal of Education, “Student Free Speech: California Style,” Summer 1988

In addition, Michael has a long history of volunteering with community-based nonprofit organizations, primarily involving programs for children.  That work includes stints as president of an elementary and a high school PTA, a nonprofit daycare center, and a neighborhood mediation program; coach of numerous soccer and baseball teams; volunteer cook at a homeless program; and a song leader for a religious congregation.  He is also active in bar association activities in Sacramento.

Michael graduated from the State University of New York at Albany in 1972 with a degree in History and received a Juris Doctor degree from the Antioch School of Law in Washington, D.C. in 1977.  He has received awards for his volunteer public service and contributions to community mediation.