John R. Yeh

John R. Yeh

Pronouns: he, him, his

John Yeh has been practicing law in California since 1991.  A product and consumer of California K-12 public schools, 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).

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 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 on contracting issues, student matters, and accreditation.  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