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SAN FRANCISCO — A California appeals court has upheld an order requiring Uber and Lyft to treat their California drivers as employees instead of independent contractors, less than two weeks before voters will be asked to exempt the ride-hailing giants from the state’s gig economy law. The two companies have more than 400,000 drivers in California alone. Treating Uber and Lyft drivers as employees would guarantee benefits such as overtime and sick leave.Uber and Lyft had appealed an August ruling by a San Francisco judge, but the appellate ruling found "no legal error" and allowed the earlier ruling to stand. The legal fight started after state lawmakers passed a law that says companies can classify workers as contractors only if they perform work "outside the usual course" of the company's business. Thursday's decision won’t have any immediate impact because it doesn’t take effect for at least 30 days, well after the Nov. 3 vote on Proposition 22.Uber and Lyft, along with DoorDash, have heavily bankrolled the ballot measure.Proposition 22 on the California ballot this fall asks voters to create a special designation for drivers of app-based companies to be excluded from the new state law. 1216

SAN FRANCISCO (AP) — California fire authorities say Pacific Gas & Electric Co. power lines sparked the deadliest and most destructive wildfire in state history.Cal Fire said Wednesday the lines in the Pulga area ignited the Nov. 8 fire that killed 85 people in Paradise.The investigation also identified a second nearby ignition site involving vegetation and electrical distribution lines, also owned and operated by the San Francisco-based utility.The second fire was quickly consumed by the initial fire.Lynsey Paulo, a spokeswoman for PG&E, did not immediately comment.The fire in Butte County destroyed nearly 15,000 homes.The nation's largest utility filed for Chapter 11 bankruptcy in January as it faced tens of billions of dollars in potential liability costs related to wildfires in 2017 and 2018. 823

SAN FRANCISCO (AP) -- A young mountain lion that was spotted looking at his reflection in the glass of an office tower in downtown San Francisco was safely captured Thursday and released into the wild.The disoriented animal roamed the streets of the city for two days until he was spotted by a police officer near Oracle Park, home of the San Francisco Giants.The mountain lion was first seen Tuesday by a motorist in a neighborhood known for the famously crooked Lombard Street. 487

SAN FRANCISCO (AP) -- A federal judge blocked on Friday President Donald Trump from building sections of his long-sought border wall with money secured under his declaration of a national emergency. U.S. District Judge Haywood Gilliam Jr. on Friday immediately halted the administration's efforts to redirect military-designated funds for wall construction. His order applies to two projects, scheduled to begin as early as Saturday, to replace 51 miles of fence in two areas on the Mexican borderGilliam issued the ruling after hearing arguments last week in two cases. California and 19 other states brought one lawsuit; the Sierra Club and a coalition of communities along the border brought the other. His ruling was the first of several lawsuits against Trump's controversial decision to bypass the normal appropriations process to pay for his long-sought wall."The position that when Congress declines the Executive's request to appropriate funds, the Executive nonetheless may simply find a way to spend those funds `without Congress' does not square with fundamental separation of powers principles dating back to the earliest days of our Republic," the judge wrote in granting a temporary injunction to stop construction.At stake is billions of dollars that would allow Trump to make progress in a signature campaign promise heading into his campaign for a second term.Trump declared a national emergency in February after losing a fight with the Democratic-led House over fully paying for the wall that led to a 35-day government shutdown. As a compromise on border and immigration enforcement, Congress set aside .375 billion to extend or replace existing barriers in Texas' Rio Grande Valley, the busiest corridor for illegal crossings.Trump grudgingly accepted the money, but he declared the emergency to siphon money from other government accounts because he wanted to spend billion on wall construction. The funds include .6 billion from military construction funds, .5 billion from Defense Department counterdrug activities and 0 million from the Treasury Department's asset forfeiture fund.The president's adversaries say the emergency declaration was an illegal attempt to ignore Congress, which authorized far less wall spending than Trump wanted."We welcome the court's decision to block Trump's attempts to sidestep Congress to build deadly walls that would hurt communities living at the border, endanger wildlife, and have damaging impacts on the environment," said Andrea Guerrero, a member of the Southern Border Communities Coalition.The administration said Trump was protecting national security as unprecedented numbers of Central American asylum-seeking families arrive at the U.S. border.The courtroom showdowns come amid a flurry of activity to accelerate wall construction.Kenneth Rapuano, an assistant secretary of defense, said in a court filing last month that work on the highest-priority, Pentagon-funded projects could begin as soon as Saturday. The Defense Department has transferred .5 billion to border wall coffers. The Defense Department transferred billion to border wall coffers in March and another .5 billion earlier this month. Patrick Shanahan, the acting defense secretary, is expected to decide soon whether to transfer an additional .6 billion.The Army Corps of Engineers recently announced several large contacts with Pentagon funding. Last month, SLSCO Ltd. of Galveston, Texas, won a 9 million award to replace 46 miles (74 kilometers) of barrier in New Mexico.Last week, Southwest Valley Constructors of Albuquerque, New Mexico, won a 6 million award to replace 63 miles (101 kilometers) in the Border Patrol's Tucson, Arizona, sector. Barnard Construction Co. of Bozeman, Montana, won a 1.8 million contract to replace 5 miles (8 kilometers) in Yuma and 15 miles (24 kilometers) in El Centro, California. The administration has planned to use 1 million in Treasury money to extend barriers in the Rio Grande Valley. 4013

SAN DIEGO (KGVT) - For many students across California, school is either back in session or will start soon in a virtual setting.With uncertainty about what the school year will look like for all children, the parents of students identified as needing special education services are raising serious concerns about their child’s access to necessary supports and resources."Right now, school is virtual," said Sally Sachrison. "It’s been quite a challenge".Sachrison's 12-year-old son just started the 7th grade. That's an achievement, but the emotions she's feeling are not the typical excitement of going back to school."It's just overwhelming because distance learning doesn't always work for everybody, and I feel like they have abandoned our kids that really the special services," Sachrison said.Her son has Down syndrome and is autistic. His unique needs can’t be met over a computer, Sachrison said.“The conflict is that my son needs like a special education teacher, he needs a speech pathologist, he needs an occupational therapist, and these are specialized, trained professionals," she explained.Sachrison said she’s already noticed her child regressing just since schools moved to remote learning in mid-March to prevent the spread of COVID-19. By May, he was slurring his speech and having trouble with other tasks, she described.Regression and lack of services are a concern heard by attorney's and advocates from parents across the state."How do you take a parent and say hey we're going to train you to do occupational therapy even though you're not licensed to do it?” said Nicole Shelton, the executive director of Advocacy Associates Inc. "You don't have that background and still have that done virtually."Advocacy Associates Inc. is an origination that helps families of students with specials needs get the services to which they are entitled by law.In California, once a child is found eligible for special education, the family will participate in the process by attending an individualized education program or IEP.It's both a process and a written document.Shelton explained the IEP team, which includes representatives from the school and district, meets once every three years to conduct an assessment to ensure the student still qualifies. The team must also meet annually to review progress on goals, create new goals, and see what accommodations the student needs.She said parents are concerned that won't happen."I think it's important for parents to be requesting IEP meetings right now," Shelton said.There are also concerns about services not being provided and compensating students if they've regressed because they weren't provided with appropriate services and support."I think parents absolutely need the first step to be asking for that emergency IEP," she said. "We need to talk about services, and we need to talk about accommodation."In Sachrison's case, the district told 10News, "Providing equitable educational experiences to all students including students with disabilities is a key priority for us and we want the service you receive to reflect that principle. Due to the current school closure emergency that prevents in-person instruction, student Individualized Education Plans will be implemented through distance learning to the greatest extent practical via online resources and other means. The IEP will be provided by means of ‘distance learning’, as determined by your child's teachers, in light of the emergency circumstances."A district spokesperson explained, “‘Distance learning’ means instruction in which the pupil and instructor are in different locations. ‘Distance learning’ may include, but is not limited to, all of the following: (1) Interaction, instruction, and check-ins between teachers and pupils through the use of a computer or communications technology. (2) Video or audio instruction in which the primary mode of communication between the pupil and certificated employee is online interaction, instructional television, video, tele-courses, or other instruction that relies on computer or communications technology. (3) The use of print materials incorporating assignments that are the subject of written or oral feedback. This applies to the special education and related services in the IEP to the greatest extent possible in light of the emergency circumstances. Under current public health and CDE guidelines we cannot provide services either at the school, or in person, for more than 10 days due to the qualifying state of emergency. The parent will be notified as to the specific means by which the student's IEP will be provided, given the emergency circumstances present at that time. The IEP will be provided by alternative means as necessitated during the period of emergency conditions only."The district said IEP meetings are being scheduled to take place virtually and it is dependent upon the IEP team to determine whether new goals will be developed on an individual basis.When asked how the district plans to handle learning regression from the spring and forward and whether the state has provided any guidance a spokesperson explained, "When ‘regular’ school hours resume there will certainly be a need to discuss each students' services since distance learning falls short of providing optimal outcomes. At that time students with disabilities, in addition to ALL students in the general education setting, will have to undergo some form of instructional/educational recuperation. Our district is currently considering multiple options to meet this need."A spokesperson for the California Department of Education said students who are receiving special education services through their school district have an IEP and the services and/or accommodations they receive are listed in that IEP."The federal government has not waived the federal requirements under the Individuals with Disabilities Education Act (IDEA) and local educational agencies (LEA) should adhere to IDEA requirements. In the upcoming school year, local educational agencies in consultation with their local health agency may offer in-person instruction, distance learning, or a combination of both. Section 43503(b)(4) specifies that distance learning shall include "Special education, related services, and any other services required by a pupil's individualized education program pursuant to Section 56341, including the requirements of subparagraph (A) of paragraph (9) of subdivision (a) of Section 56345, with accommodations necessary to ensure that individualized education programs can be executed in a distance learning environment." 6617