The following laws related to education were created or modified during the 2021 year and are already affecting or will affect California school districts in 2022 and beyond. If you have questions on any of these developments, contact your OMLO attorney or a member of the firm’s Education Practice Group.
A section dedicated to Employment Law updates specific to school districts is included at the end of this alert. OMLO has also published a 2022 Legal Update on Employment Law and Laws of General Applicability to Public Agencies.
Senate Bill 14
Excused absence for mental health. Education Code section 48205 (“Section 48205”) currently requires that a student be excused from school when their absence is the result of illness, quarantine, receipt of medical services, attending a funeral or jury duty. Senate Bill 14 (“SB 14”) amends Section 48205(a)(1) to mandate excused absences “for the benefit of the pupil’s mental or behavioral health.”
Under SB 14, a pupil who is absent from school under Section 48205 because of mental health or behavioral issues must be permitted to complete all missed assignments and tests and be given full credit for completing the work. The teacher has discretion to determine which tests and assignments are “reasonably equivalent to” those missed during the student’s absence.
SB 14 also requires the California Department of Education to recommend best practices and identify evidence-based and informed training programs for schools to address youth behavioral issues, including through staff and pupil training, by January 1, 2023.
Assembly Bill 516
Excused absence for cultural events. Assembly Bill 516 (“AB 516”) amends California Education Code section 48205 to provide that a student’s absence “for the purpose of participating in a cultural ceremony or event” must be excused. AB 516 defines “cultural” as “relating to the habits, practices, beliefs and traditions of a certain group of people.”
Students who were absent because they were participating in a cultural event or ceremony must be permitted to complete all missed assignments or tests and be given full credit for the work. The teacher has discretion to determine which tests and assignments are “reasonably equivalent to” those missed during the student’s absence.
Senate Bill 224
Mental health instruction. Senate Bill 224 (“SB 224”) adds sections 51925-51929 to the Education Code and requires that school districts, county offices of education, and charter schools offering one or more courses in health education in middle and high school must include instruction on mental health. Instruction on mental in health education courses must incorporate the following elements:
- The overarching themes and core principles of mental health.
- Defining signs and symptoms of mental health challenges. Depending on pupil age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post-traumatic stress disorder.
- Evidence-based services and supports to help persons manage mental health challenges.
- Promotion of mental health wellness and protective factors.
- The ability to identify warning signs of common mental health issues to prevent awareness and early intervention. This shall include instruction on both of the following:
- How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselors with a pupil personnel services credential, school psychologists, and school social workers, and in the community for themselves or others; and
- Evidence-based and culturally responsive practices that are proven to help overcome mental health challenges.
- The link between mental health and overall health and academic success, to co-occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse.
- Awareness about the prevalence of mental health issues among all populations.
- The stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance.
All materials and instruction provided pursuant to SB 224 must be appropriate for use with all races, genders, sexual orientations, ethnic and cultural backgrounds, students with disabilities and English learners. The courses must also be accessible to students with disabilities and cannot reflect bias.
No student receiving health instruction mandated by SB 224 may be required to disclose confidential health or mental health information during any part of the course.
Assembly Bill 309
Pupil mental health protocols. Assembly Bill 309 requires the California Department of Education to develop “model referral protocols” for addressing student mental health concerns. These protocols are to be designed for voluntary use by school sites and districts, as well as in teacher, administrator, school counselor, pupil personnel services and school nurse preparation programs.
Assembly Bill 101
Ethnic studies course added to graduation requirements. Beginning with students graduating from 12th grade in the 2029-2030 school year, Assembly Bill 101 (“AB 101”) adds a one-semester course in ethnic studies as a high school graduation requirement. Starting in the 2025-26 school year, a school district, as well as charter schools, with students in grades 9-12 must offer at least one course in ethnic studies. To fulfill the ethnic studies course requirement, a student may complete any of the following:
- A course based on the model curriculum developed by the Instructional Quality Commission pursuant to Education Code section 51266.7;
- An existing ethnic studies course;
- An ethnic studies course that has been approved as meeting the A-G requirements of the University of California and California State University systems; or
- A locally-developed ethnic studies course approved by the governing board of the school district.
Ethnic studies courses must be appropriate for use with all races, religions, nationalities, genders, sexual orientations, diverse ethnic and cultural backgrounds, pupils with disabilities and English learners. The course may not reflect or promote bias, bigotry or discrimination and may not teach or promote religious doctrine. School districts that develop their own ethnic study course my not include any portions of the draft model curriculum that was adopted by the Instructional Quality Commission because of concerns over bias and discrimination.
Assembly Bill 27
Identifying enrollment of homeless children and unaccompanied youths. Assembly Bill 27 (“AB 27”) and Senate Bill (“SB 400”), which is discussed further below, are intended to help address the ongoing issue of homelessness among school age children in California through increased efforts to accurately identify people experiencing homelessness and expanding support services. Specifically, SB 27 requires that each school within a local educational agency (“LEA”) that receives funding from the American Rescue Plan Elementary and Secondary School Emergency Relief – Homeless Children and Youth Fund administer a housing questionnaire to identify homeless and unaccompanied students.
Beginning in the 2021-22 school year, the questionnaire must be provided to all parents/guardians and unaccompanied youths of the LEA at least once a year. The housing questionnaire must include an explanation of the rights and protections afforded to unaccompanied and homeless youth and should be designed based on the best practices developed by the Department of Education (“CDE”) under Education Code section 48852.5(f)(1)(A). SB 27 requires that the questionnaire be available in paper form, and that LEAs ensure the questionnaire is available in the primary language of a non-English-speaking unaccompanied youth or a parent/guardian pursuant to Education Code section 48985 or provide an appropriate translation upon request.
CDE has developed a model housing questionnaire that LEAs can use and adapt as necessary. On an annual basis, LEAs must collect the completed questionnaires and report to the CDE the number of homeless children and unaccompanied youths enrolled.
In addition, SB 27 mandates that LEAs post on their website a list of the liaisons for homeless children or youths and unaccompanied youths in that school district, as well as the contact information for those liaisons, and specific information regarding the educational rights and resources available to persons experiencing homelessness.
As an urgency legislation, SB 27 took effect immediately after being signed by Governor Newsom on September 29, 2021, and if they have not done so already, LEAs should take steps to comply immediately with the requirements of SB 27.
Senate Bill 400
Liaisons for homeless children. The federal McKinney-Vento Homeless Assistance Act, which provides grants to states to carry out activities relating to the education of homeless children and youths requires, requires an LEA to appoint a local homeless education liaison. Under Senate Bill 400 (“SB 400”), liaisons are specifically tasked with ensuring that homeless children and youth are identified by school personnel through outreach and coordination activities with other entities and agencies. SB 400 also expressly requires liaisons to refer homeless families, children and youth to healthcare services, dental services, mental health and substance abuse services, housing services and other appropriate assistance.
Under existing law, liaisons must ensure that public notice of the educational rights of homeless children is disseminated in schools within the liaison’s district. Beginning in 2022, SB 400 will require the DOE to provide informational materials to liaisons regarding the educational rights of homeless children under state and federal law; updates and changes to the law in that respect; the responsibilities of liaisons; and resources available to schools to assist homeless and unaccompanied youth.
SB 400 also requires the DOE to provide training materials to assist liaisons with providing professional development and other support to school personnel and develop and implement a system to verify that school districts are providing the required training at least annually to school personnel providing services homeless youth. In addition, the DOE must develop best practices for school districts to identify and obtain accurate data on homeless children and unaccompanied youth enrolled in district schools, and a model housing questionnaire based on these best practices.
Assembly Bills 132 & 469
FAFSA/California Dream Act filing requirements. On July 27, 2021, Assembly Bill 132 added Section 51225.7 to the Education Code, which requires that beginning with the 2022-2023 school year, the governing board of a school district must confirm that every student either (1) completes and submits a Free Application for Federal Student Aid (“FAFSA”), or (2) if the student is exempt from paying nonresidential tuition, that the student completes and submits to the Student Aid Commission a form established by Education Code section 6908.5 for purposes of the California Dream Act.
The parent or guardian of a student may opt-out of submitting either the FAFSA or the Dream Act form by filling out and submitting an opt-out form to the district. A legally emancipated minor or a student over the age of 18 may also opt-out by filing his or her own opt-out form. If a school district determines that a student is unable to comply with the requirements of section 51225.7, and cannot complete an opt-out form, the district must complete and submit an opt-out form on the student’s behalf.
The governing body of a local educational agency is required to ensure that the local agency directs each high school student and/or their family to any support and assistance services necessary to comply with the requirements described above. All information collected through the filing process must be handled in compliance with the federal Family Educational Rights and Privacy Act of 2001 (“FERPA”).
Assembly Bill 469 amended Education Code section 51225.7 to require, the Student Aid Commission and the CDE to facilitate the completion of the FAFSA and the form established for purposes of the California Dream Act on or before September 1, 2022, and each year thereafter, by requiring the CDE to share the current school year’s roster of pupils with Student Aid Commission and requiring the Student Aid Commission to match data on pupil completion of financial aid forms.
Assembly Bill 367
Menstrual products in schools. Starting in the 2022-23 school year, Assembly Bill 367 (“AB 367”) requires a public school maintaining any combination of classes from grades 6-12 to ensure all women’s restrooms, all-gender restrooms, and at least one men’s restroom, are always stocked with an adequate supply of menstrual products.
Schools may not charge for any menstrual products provided and must post a notice containing the requirements of AB 367 in a prominent and conspicuous location in every restroom required to stock menstrual products. The notice must include the text of Education Code section 32592.6 and the email address and phone number of a designated individual responsible for stocking the requisite supply of products.
Assembly Bill 167
Education omnibus trailer bill. Assembly Bill 167 amended Education Code section 41422(a) to provide that a school district that is prevented from maintaining its schools during a fiscal year for at least 180 days (previously 175 days) or is required to operate sessions of shorter length than prescribed by law because of a natural or staffing emergency, will still receive the same apportionment from the California School Fund as it would have received had it not been prevented from maintaining school for at least 180 days.
Between September 1, 2021, and June 30, 2022, however, a school district that is prevented from maintaining school for at least 180 days will not be entitled to the same apportionment as if school had remained open if the school closure was due to impacts from Covid-19. Nevertheless, a school district may still receive credit for instructional days and minutes scheduled for in-person instruction, demonstrated by the governing board approved calendar in place before the event, on days in which the school district was prevented from maintaining school because of Covid-19, provided instruction was offered to all eligible students through independent study. 
Despite the above, between September 1, 2021, and June 30, 2022, a school district may still receive the same apportionment for school closures related to impacts from Covid-19 if the closure is related to staffing shortages, provided the following are established to the satisfaction of the Superintendent by affidavits of members of the governing board of the district:
- The district is unable to provide in-person instruction to students due to staffing shortages as a result of staff quarantine due to exposure or infection with Covid-19;
- The district has exhausted all options for obtaining certificated staff coverage, including by exhausting all certificated staff and substitute teacher options, and has consulted with the county office of education and the Superintendent in determining the staffing needs cannot be met; and
- The district has exhausted all options for obtaining classified staff coverage, including by using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
The same rules apply for receiving average daily attendance credits.
Affidavits submitted pursuant to either Education Code sections 41422 or section 46392, above, must certify that the school district has a plan through which independent study will be offered to students, and the plan must comply with the following:
- Independent study is offered to any student impacted by any condition listed in sec. 46392 within 10 days of the first day of a school closure or material decrease in attendance. Students who have an individualized education program must receive all services identified therein and may participate in an independent study program;
- Require the reopening for in-person instruction as soon as possible unless prohibited under the direction of the local or state health officer; and
- Notwithstanding section 51745(c) or 51747(g)(9)(F), include information regarding establishing independent study master agreements within a reasonable time. 
The plan need not comply with section 51747 (d)-(f) if the school closure is 15 days or less or if the school district has a waiver of the requirement to offer independent study. A copy of the plan must be submitted with the affidavit submitted to the Superintendent as described above.
Independent study must be offered during the 2021-22 school year to meet the educational needs of students. Independent study may include individualized study for a student whose health would be put at-risk by in-person instruction, as determined by the student’s parent or guardian, or a student who is unable to attend in-person instruction due to quarantine after exposure to or infection with Covid-19. Districts may meet this requirement by contracting with a county office of education or entering into an interdistrict transfer agreement with another school district.
A county superintendent of schools has the authority to waive the independent study requirement for 2021-2022 for school districts, or for districts in a single-district county the superintendent may waive the requirements if the school district demonstrates both: (1) that offering independent study would create unreasonable fiscal burden on the district and (2) that the governing board does not have the option to enter into an interdistrict agreement with another school district or contract with a county office of education to provide an independent study program.
For the 2021-2022 school year, as school district must obtain a signed written agreement for an independent study program of any length of time from (1) the student or the student’s parent or legal guardian if the student is under 18, (2) the certificated employee responsible for the general supervision of independent study, and (3) all persons directly responsible for providing assistance to the student. The agreement must be completed no later than 30 days after the first day of independent study instruction or October 15, whichever is later.
For the 2021-22 school year only, school districts and county offices of education must notify parents and guardians of all enrolled students of their option to enroll their child in in-person instruction or independent study during the 2021-22 school year. The notice must include information about the right to request a pupil-parent-educator conference meeting before enrollment pursuant to this section, pupil rights regarding procedures for enrolling, disenrolling, and reenrolling in independent study, and the synchronous and asynchronous instructional time that a pupil will have access to as part of independent study. If at least 15% of the students enrolled in the district speak a single primary language other than English, as determined by census data from the preceding year, the written information must be provided in English and in the primary language.
Until July 1, 2022, any holder of a credential or a permit issued by the Commission on Teacher Credentialing that authorizes the holder to substitute teach in a general, special, or career technical education assignment may serve in a substitute assignment aligned with their authorization for up to 60 cumulative days in one assignment.
Senate Bill 722
Pupil safety. SB 722 enacts “Alex’s Law” aimed at improving student safety at and around swimming pools.
If a school district elects to sponsor or host an on-campus event in or around a swimming pool and such event is not part of an interscholastic athletic program, the school district must require at least one adult with a valid certification of cardiopulmonary resuscitation training (CPR) and first aid to be present throughout the duration of the event.
Senate Bill 97
Public health – Type 1 diabetes. Existing law requires school districts to provide parents or guardians of incoming 7th grade students with an information sheet on type 2 diabetes developed by CDE. Senate Bill (“SB 97”) directs the CDE to develop informational materials about type 1 diabetes for parents and guardians, and requires that, on or after January 1, 2023, the governing board of each school district or charter school make the informational materials on type 1 diabetes accessible to the parents or guardians of a student upon initial enrollment in elementary school.
The informational materials required by SB 97 on type 1 diabetes must include:
- A description of type 1 diabetes;
- A description of risk factors and warning signs;
- Recommendation regarding pupils displaying warning signs associated with type 1 diabetes that parents or guardians should immediately consult with the pupil’s primary care provider to determine if diabetes screening is appropriate;
- A description of the screening process and implications of test results; and
- A recommendation that parents/guardians consult with a primary care provider to develop an appropriate treatment plan following a type 1 diabetes diagnosis.
Senate Bill 442
School district elections. Existing law permits a county committee on school district organization may do any of the following: (1) establish trustee areas; (2) rearrange the boundaries of trustee areas; (3) abolish trustee areas; (4) increase from five to seven or decrease from seven to five the number of members on a governing board; or (5) adopt one of the alternative methods of electing governing board members specified in Section 5030. However, current law prohibits from a county committee on school district education from taking any of these actions in school districts governed by a board of education provided for in the charter of a city or city and county. Senate Bill (“SB 442”) eliminates this exception.
In addition, SB 442 provides that a county committee on school district organization may not rearrange the trustee area boundaries in a school district that has established a hybrid or independent redistricting commission under Elections Code section 23003, the charter of a city or city and county, or a legal settlement.
SB 442 also permits a county committee on school district organization to approve a proposal to establish trustee areas and elect governing board members using district-based elections by resolution without submitting the resolution to electors of the district for final approval. This change will allow school districts moving from an at-large election system to a by-trustee area election to do so without an election or apply to the State Board of Education for a waiver. If such proposal is approved by the county commission, any affected board members shall serve out their term of office and succeeding board members shall be nominated and elected in accordance with Education Code section 5030.
Assembly Bill 306
Residential buildings for school employees. The Field Act requires the Department of General Services to supervise the design and construction of any school building of a school district or community college district, as well as the reconstruction or alteration of or addition to any school building, to ensure that plans and specifications comply with the rules and regulations of the Act.
Assembly Bill 306 creates an exception to the requirement that the Department of General Services must approve plans and specifications for school district and community college construction projects intended as residential for housing teachers and school district employees. The term “residential housing” is defined as any building used as a personal residence by a teacher or employee of a school district. Likewise, residential housing buildings are not subject to the requirements applicable to “school buildings” under Article 5 and Article 6 of the Education Code.
School Specific Employment Law Updates
Assembly Bill 438
Pre-layoff notice and hearing rights for classified school employees. Assembly Bill 438 (“AB 438”) drastically changes the requirements for conducting a layoff of classified employees in both k-12 school districts and community college districts. With the approval of AB 438, permanent classified employees of school districts and community college districts will now have same rights to notice and hearing with respect to layoffs as are provided to certificated employees, including teachers and administrators, and academic employees of community college districts.
This means that before March 15th and before a classified employee is given notice by the governing board that the employee’s services will not be needed for the subsequent school year due to lack of work or lack of funds, the governing board of the school district and the employee must be given written notice by the superintendent that states the reasons the employee’s services will not be required and informs the employee of his or her displacement rights or reemployment rights.
A classified employee may request a hearing to determine if there is cause for the layoff. A request for hearing must be in writing and delivered to the person who sent the notice by the date specified in the notice, which cannot less than seven days after the date the notice is served on the employee. Failure to request a hearing on or before the specified date will constitute a waiver of the employee’s right to a hearing. The layoff notice must inform the employee of the deadline for requesting a hearing and consequences of not making a timely request. Until the employee either requests a hearing or waives their right to a hearing, the notice and reasons for the notice must be kept confidential and may not be disclosed by any person, unless necessary in the performance of duties.
If a hearing is requested, it must be conducted in accordance with the formal hearing requirements of Government Code sections 11500 – 11529, and the governing is given all the powers granted to an agency in those sections, except that:
(1) The respondent must file their notice of participation within five days after receiving the District Statement of Reduction in Force and the respondent must be notified of the five-day filing period in the Statement;
(2) The discovery authorized under Gov. Code section 11507.6 shall be available only if a request is made for discovery within 15 days after service of the Statement, and the notice required shall so indicate;
(3) The hearing is to be conducted by an administrative law judge (ALJ), who must prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the schools and the students.
While the hearing must be conducted by an ALJ, the governing board of the district makes the final determination as to the sufficiency of the cause and disposition, based on the ALJ’s proposed decision. None of the findings, recommendations or determinations contained in the proposed decision prepared by the ALJ are binding on the governing board. Copies of the ALJ’s proposed decision must be submitted to the governing board and the employee on or before May 7th of the year in which the proceeding is commenced. Notice of termination shall be given to the employee before May 15th. If a continuance is granted after a hearing is requested, these deadlines herein will be adjusted to reflect the length of the continuance.
If a permanent classified employee is not given the notices and a right to hearing as required under AB 438, the employee is deemed to be reemployed for the next school year. A district nevertheless maintains the right to release probationary employees who never became permanent without notice or hearing.
If the legislature provides certificated employees with any additional rights to notice or hearing as to layoffs, then permanent classified employees and those who become permanent classified employees must be afforded the same rights by the school district. The provisions of AB 438 apply to school districts that implement the merit system.
When a classified position must be eliminated because of the expiration of a specially funded program and employees laid off, the layoff process above does not apply. Instead, affected employees must be given written notice not less than 60 days prior to the effective date of their layoff informing them of the layoff date and their displacement and reemployment rights.
Assembly Bill 815
School nurse credentials. AB 815 updates the minimum requirements for a services credential with a specialization in health for a school nurse. Among the current requirements for obtaining a services credential with a specialization in health for a school nurse is (1) a baccalaureate or higher degree from a from an accredited institution for a preliminary credential and (2) one year of coursework beyond the baccalaureate degree in a program approved by the Commission on Teacher Credentialing (“Commission”) for a professional credential.
AB 815 amends the requirements above, and a services credential with a specialization in health for a school nurse will now require a baccalaureate or higher degree from a regionally accredited institution of higher education.  To satisfy the second requirement above, AB 815 allows the Commission to approve a program offered by an LEA, which had 40,000 or more students enrolled during the 2019-20 school year, for one year of coursework beyond the baccalaureate degree. The Commission must apply the same standards for approval of a program of professional preparation offered by a postsecondary educational institution to a program of professional preparation offered by a local educational agency.
OMLO will continue to monitor these developments carefully. This article is for informational purposes only and only provides an overview of specific developments. It is not intended to be, and should not be construed as, legal advice for any particular fact situation. For actual legal advice and specifics pertaining to your governmental entity, please contact your OMLO attorney for assistance.
 SB 14 was adopted an “urgency measure” and thus became effective on October 8, 2021.
 Ed. Code § 49428.15(b)-(c).
 Ed. Code § 48205(a)(11).
 Ed. Code § 48205 (e)(1).
 Ed. Code § 51925.
 Ed. Code § 51925.
 Ed. Code § 51926(a).
 Ed. Code § 51926(b)-(c).
 Ed. Code § 51927.
 Ed. Code § 49428.1(a).
 Ed. Code § 49428.1(b).
 Ed. Code § 51225.3(a)(1)(G)(i).
 Ed. Code § 51225.3(a)(1)(G)(i).
 Ed. Code § 51225.3(a)(1)(G)(ii).
 Ed. Code § 51225.3(a)(1)(G)(v)(I).
 Ed. Code § 51225.3(a)(1)(G)(v)(II)-(III).
 Ed. Code § 51225.3(a)(1)(G)(vi).
 Ed. Code § 48851(b)(1), (b)(5).
 Ed. Code § 48851(b)(2).
 Ed. Code § 48851(b)(1).
 Ed. Code § 48851(b)(1), (b)(3).
 Ed. Code § 48851(b)(4).
 Ed. Code § 48852.6
 For purposes of SB 400, LEAs include a school district, county office of education, charter school, or special education plan area.
 42 U.S.C. § 11432(g)(1)(J)(ii).
 Ed. Code § 48851.5.
 Ed. Code § 48851.5.
 Ed. Code §48852.5(b).
 Ed. Code § 48852.5(c).
 Ed. Code § 48852.5(g).
 Ed. Code § 51225.7(b).
 Ed. Code § 51225.7(c).
 Ed. Code § 51225.7(e).
 Ed. Code § 35292.6 (a).
 Ed. Code § 35292.6(b)-(c).
 Ed. Code § 35292.6
 Ed. Code § 41422(c)(1).
 Ed. Code § 41422(c)(2)(A).
 Ed. Code § 46392(c).
 Ed. Code § 46393(a).
 Ed. Code § 46393(b).
 Ed. Code § 46393(c).
 Ed. Code § 51745(a).
 Ed. Code § 51745(a)(6).
 Ed. Code § 51745(f).)
 Ed. Code § 51745(g).
 Ed. Code §51747(g)(9)(F)
 Ed. Code §51747(g)(9)(F).
 Ed. Code § 51749.6(b)(8)(A).
 Ed. Code § 35179.6(b)(2).
 Ed. Code § 49452.6(a)-(b).)
 Ed. Code § 49452.6(c).
 Ed. Code § 5019(a)(1).
 Ed. Code § 5019(a)(3).
 Ed. Code § 5020(a)(2).
 Ed. Code § 5021(a).
 Gov. Code § 4454.5(a).
 Gov. Code § 4454.5.
 Ed. Code § 17283.5.
 Ed. Code § 45117(a).
 Ed. Code § 45117(b).
 Ed. Code § 45117(b).
 Ed. Code § 45117(b).
 Ed. Code § 45117(a)(2).
 Ed. Code § 45117(c)(1)-(3).
 Ed. Code § 45117(c)(3)(A).
 Ed. Code § 45117(c)(3)(A).
 Ed. Code § 45117(c)(3)(A)
 Ed. Code § 45117(c)(3)(A).
 Ed. Code § 45117(e)(1).
 Ed. Code § 45117(h).
 Ed. Code § 45117(j).
 Ed. Code § 45117(g).
 Ed. Code § 44267.5(a).
 Ed. Code § 44267.5(e).