The following laws related to education were created or modified during the 2023 year and are already affecting or will affect California school districts in 2024 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. EDUCATION
1. Assembly Bill 87 – Section 504 Plans: Audio Recordings
Assembly Bill 87 (“AB 87”) adds Article 10 (commencing with section 270) to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code. Existing law allows a parent, guardian, or local educational agency [1] (“LEA”) to audio record individualized education program (“IEP”) team meetings. AB 87 authorizes a parent, guardian, or LEA to audio record meetings and any team meetings for pupils held pursuant to Section 504 of the federal Rehabilitation Act of 1973 (“Section 504”). In order to audio record the Section 504 meeting, the parent, guardian, or LEA shall give the team members a notice of intent at least 24 hours prior to the meeting . However, if the LEA gives a notice of intent to audio record and the parent or guardian objects to attending the meeting, the meeting shall not be audio recorded.
2. Senate Bill 291 – Pupil Rights: Recess
Senate Bill 291 (“SB 291”) adds Section 49056 to, and repeals Section 44807.5, the Education Code. Existing law allowed school district boards to adopt reasonable rules and regulations authorizing a teacher to restrict a student’s recess time for disciplinary purposes. SB 291 repeals this provision and instead requires, commencing with the 2024-2025 school year, that recess is to be at least 30 minutes on regular instructional days and at least 15 minutes on early release days. In addition, SB 291 prohibits school staff members from restricting a student’s recess unless there is an immediate threat to the student’s physical safety or the physical safety of one or more of the student’s peers.
3. Assembly Bill 889 – Pupil Safety: Parental Notification: Synthetic Drugs
Assembly Bill 889 (“AB 889”) adds Section 48985.5 to the Education Code, requiring a LEA to inform parents or guardians about the dangers associated with using synthetic drugs that are not prescribed by a physician, such as fentanyl. LEAs shall also inform parents or guardians of the possibility that dangerous synthetic drugs can be found in counterfeit pills. This information shall be provided annually at the beginning of the first semester or at the quarter of the regular school term. [2] LEAs that maintain a website, the LEA shall post this information on its website and shall ensure that each school within the LEA also posts this information on its respective website.
4. Assembly Bill 659 – Cancer Prevention Act
Assembly Bill 659 (“AB 659”), also known as the Cancer Prevention Act, adds Section 48980.4 to the Education Code and Section 120336 to the Health and Safety Code, requiring the governing authority to provide those pupils advancing to the sixth grade, and their parents or guardians, with a notification containing the state’s public policy advising that the pupil adhere to current immunization guidelines regarding full human papillomavirus (“HPV”) immunization before admission or advancement to the eighth grade. This notification must also include a statement summarizing the recommended ages for the HPV vaccine and scientific rationale for vaccination at those ages.
AB 659 also adds Section 120390.6 to the Health and Safety Code, declaring the public policy of California that students who are 26 years old or younger, are advised to adhere to current immunization guidelines regarding full HPV immunization before enrollment at an institution of the California State University, the University of California, or the California Community Colleges.
5. Senate Bill 10 – Pupil Health: Opioid Overdose Prevention and Treatment: Melanie’s Law
Senate Bill 10 (“SB 10”), also known as Melanie’s Law, amends Sections 32282, 47605, 47605.6, and adds Sections 49414.4 and 49428.16 to the Education Code.
Section 32282 of the Education Code is amended to state the Legislature’s encouragement of county offices of education to establish a County Working Group on Fentanyl Education in Schools, for the purposes of outreach, building awareness, and collaborating with local health agencies regarding fentanyl overdoses. SB 10 also requires that the California Department of Education (“CDE”) to provide informational materials regarding awareness and safety advice on how to prevent an opioid overdose on its website.
SB 10 requires comprehensive school safety plans, and school safety plans of a charter school serving pupils in grades 712, to add the development of a protocol for opioid overdoses.
SB 10 also includes legislative that a school use alternatives to referring a pupil to a law enforcement agency in response to an incident involving misuse of an opioid, including the Multi-Tiered System of Supports, which includes restorative justice practices, as an alternative to suspension or expulsion for truancy, tardiness, and absences.
6. Senate Bill 323 – Comprehensive School Safety Plans: Individualized Safety Plans
Senate Bill 323 (“SB 323”) amends Education Code section 32282 and requires comprehensive school safety plans to include adaptations for students with disabilities in accordance with the Individuals with Disabilities Education Act (“IDEA”) and Section 504. The annual evaluation of a comprehensive school safety plan or charter schools’ school safety plan must also include ensuring that the plan includes appropriate adaptations for students with disabilities. SB 323 expressly authorizes a school employee, a student’s parent, guardian, or educational rights holder, or pupil, to bring concerns about an individual student’s ability to access disaster safety procedures after the first review of the plan. If the school principal determines there is merit to a concern, the principal must direct the planning committee to appropriately modify the comprehensive school safety plan or school safety plan.
7. Senate Bill 671 – School Safety Plans: Dangerous, Violent, or Unlawful Activities
Senate Bill 671 (“SB 671”) amends Sections 32282, 47605, and 47605.6 of the Education Code, requiring a comprehensive school safety plan and the school safety plan of a charter school to include procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted, or threatened to be conducted, at the school, at a school-sponsored activity, or on a school bus.
8. Assembly Bill 10 – Pupils: Body Shaming Model Policy and Resources
Assembly Bill 10 (“AB 10”) adds Article 4.7 to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, titled “Body Shaming.” Body shaming is defined for the purposes of this article as the action or practice of mocking or stigmatizing a person by making critical comments or observations about the shape, size, or appearance, of the person’s body. AB 10 requires that on or before June 30, 2025, the CDE, in consultation with specified entities and relevant stakeholders, shall develop and post on its website a model policy and resources about body shaming and encourage LEAs to inform teachers, staff, parents, and students about such resources, including, but not limited to, by providing information in student and employee handbooks and making the information available on each school site’s internet website.
9. Assembly Bill 446 – Pupil Instruction: Handwriting
Existing law requires English instruction for grades 1 to 6 to include knowledge of, and appreciation for, literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, and composition. Assembly Bill 446 (“AB 446”) amends Section 51210 of the Education Code to require English handwriting instruction for grades 1 to 6 to also include instruction in cursive or joined italics in the appropriate grade levels.
10. Assembly Bill 285 – Pupil Instruction: Science Requirements: Climate Change
Assembly Bill 285 (“AB 285”) amends Sections 51210 and 51220 of the Education Code to require science instruction for grades 1 to 12, inclusive, to include an emphasis on the causes and effects of climate changes, and methods to mitigate and adapt to climate change. AB 285 requires appropriate coursework, including this material, to be offered to pupils as soon as possible, commencing no later than the 2024-2025 school year.
11. Assembly Bill 1078 – Instructional Materials and Curriculum: Diversity
Assembly Bill 1078 (“AB 1078”) amends and adds various sections of the Education Code addressing diversity in instructional materials and curriculum, effective immediately as of September 25, 2023. [3]
AB 1078 revises the list of culturally and racially diverse groups to also include materials that accurately portray the contributions of people of all genders, and the role and contributions of Latino Americans, LGBTQ+ Americans, and other ethnic, cultural, religious, and socioeconomic status groups. AB 1078 also requires that the CDE, by no later than July 1, 2025, to issue guidance related to how to help school districts, county offices of education, charter schools, and school personnel manage conversations about race and gender, and how to review instructional materials to ensure that they represent diverse perspectives and are culturally relevant.
AB 1078 further prohibits the governing board of a school district, a county board of education, or the governing body of a charter school from refusing to approve or prohibiting the use of any textbook, instructional material, or other curriculum, or any book, or other resource in a school library on the basis that it includes a study of the role and contributions of any individual or group consistent with the adoption of instructional materials that accurately portray the cultural and racial diversity of our society. AB 1078 similarly prohibits the governing board of a school district or a county board of education from prohibiting the continued use of an appropriately adopted textbook, instructional material, or curriculum on the basis that it contains inclusive and diverse perspectives. A Uniform Complaint alleging a violation of this provision may be filed, either with the applicable LEA or directly with the Superintendent.
Finally, AB 1078 adds Section 60150 to the Education Code to address fiscal penalties for insufficient provision of textbooks or instructional materials. If the County Superintendent determines that a school district has not provided sufficient textbook or instructional materials, the CDE shall take all remedial actions, including purchasing textbooks and instructional materials. The district will also be assessed a financial penalty against its local control funding formula allocation.
12. Senate Bill 350 – Pupil Attendance: Excused Absences
Senate Bill 350 (“SB 350”) amends Education Code section 48205 to allow excused absences for not more than five days for the purpose of attending the funeral service or grieving the death of the student’s immediate family member. SB 350 also permits students to be absent for not more than three days to:
a. access victim services;
b. access grief support services; or
c. participate in safety planning [4] as it relates to the death of the student’s immediate family member.
13. Assembly Bill 1503 – Pupil Attendance: Excused Absences: Religious Retreats
Existing law requires a student to be excused from school for absences involving certain justifiable personal reasons—including attendance at a religious retreat. Assembly Bill 1503 (“AB 1503”) amends Education Code section 48205 to limit excused absences for religious retreats to one (1) school day per semester, increased from four (4) hours per semester.
14. Assembly Bill 1165 – Pupil Discipline: Racist Bullying, Harassment, or Intimidation: Restorative Justice Practices
Assembly Bill 1165 (“AB 1165”) amends Section 48900.5 of the Education Code, adding a provision to address a student who has been suspended or subject to other corrective actions for an incident of racist bullying, harassment, or intimidation. AB 1165 instead encourages LEAs to have both the victim and perpetrator engage in a restorative justice practice that suits the needs of both parties. LEAs are also encouraged to regularly check on the victim of racist bullying, harassment, or intimidation to ensure that the victim is not in danger of suffering from long-lasting mental health issues. Similarly, LEAs are encouraged to require perpetrators to engage in culturally sensitive programs that promote racial justice and equity and combat racism and ignorance.
15. Senate Bill 274 – Suspensions and Expulsions: Willful Defiance: Interventions and Supports
Senate Bill 274 (“SB 274”) amends Education Code sections 48900 and 48901.1 to prohibit the suspension of students in grades 6-8, including charter school students, for disrupting school activities or otherwise willfully defying the valid authority of school personnel engaged in job duties, in effect until July 1, 2029. The same applies to students in grades 912, in effect from July 1, 2024 through July 1, 2029.
SB 274 also authorizes certificated and classified employees, including those at charter schools, to refer students to school administrators for appropriate and timely in-school interventions or supports for willful defiance, and would require school administrators to document the actions taken and place the documentation in the student’s record, within five business days. At the end of the five business days, the school administrator must inform the referring employee, either verbally or in writing, what actions were taken, and, if none, the rationale for not providing any appropriate or timely in-school interventions or supports.
Finally, SB 274 prohibits a suspension or expulsion from being imposed against a student based solely on the fact that they are truant, tardy, or otherwise absent from school activities.
16. Assembly Bill 1466 – Pupil Discipline: Restraint and Seclusion: Reporting
Existing law requires a LEA to collect and report to the CDE annually on the use of behavioral restraints and seclusion for students enrolled in the LEA, disaggregated by race or ethnicity, and gender. This report must be made by no later than three months after the end of a school year. Assembly Bill 1466 (“AB 1466”) amends Section 49006 of the Education Code, requiring a LEA to also post this report annually on its website.
17. Assembly Bill 275 – School Governance: Student Board Members: Compensation
Existing law requires county boards of education, school district boards, and the governing bodies of charter schools, and of entities managing multiple charter schools, (collectively, “governing bodies”) to appoint at least one high school pupil as a pupil member if there is a successful petition for pupil representation. Assembly Bill 275 (“AB 275”) revises and recasts various sections of the Education Code related to the compensation of pupil members of governing bodies. [5] AB 275 authorizes pupil members to receive either elective course credit, monthly compensation, or both.
18. Assembly Bill 417 – County Boards of Education: Student Board Members
Existing law authorizes county boards of education (“CBOE”) to appoint one or more high school student(s) enrolled in a school under the jurisdiction of the CBOE as student members. Assembly Bill 417 (“AB 417”) amends Education Code section 1000 and additionally authorizes a student who is enrolled in a high school under the jurisdiction of the CBOE, and who may be less than 18 years old, to be selected as a student member, if no petition is submitted to select one. Student members may also receive the same compensation as regular members.
19. Assembly Bill 1326 – School District Board Vacancies: Internet Website Notifications
If a provisional appointment is made to the governing board of a school district, existing law requires a school district board (“Board”) to provide notice of the Board vacancy and the provisional appointment within ten days of the provisional appointment of a person to fill the vacancy. Assembly Bill 1326 (“AB 1326”) amends Education Code section 5092, requiring the notice to be made by all of the following methods:
a. posting the notice in three public places in the school district;
b. publishing the notice in a newspaper that is generally circulated in the school district, if there is one; and
c. posting the notice on the school district’s website.
20. Assembly Bill 1433 – Public Contracts: School Facility Projects
Assembly Bill 1433 (“AB 1433”) amends Section 20111.6 of the Public Contract Code to extend school facility project requirements to public projects for which a school district board uses state general funds. Previously, these requirements only applied to public projects for which a school district board used funds received pursuant to specified law or from future state school bonds. Existing law for a school facility project requires a prospective bidder for a construction contract to submit a prequalification questionnaire and financial statement as part of the bidding process. Each prospective bidder must also submit a bid by completing a standardized proposal form.
21. Senate Bill 760 – School Facilities: All-Gender Restrooms
Senate Bill 760 (“SB 760”) amends Section 35292.5 and adds Section 17585 to the Education Code to ensure that all pupils, regardless of gender identity, can access suitable restroom facilities during school hours. Education Code section 17585 requires that LEAs applying for state funding for a school modernization project on or after July 1, 2026, must include an all-gender restroom designed exclusively for pupil use, where there is not already an established all-gender restroom, and for each school site that does not have more than one female and one male restroom. This requirement excludes restrooms designated for students in TK or kindergarten.
Education Code section 35292.5 requires that each LEA that has more than one female and one male restroom must provide and maintain at least one all-gender restroom on or before July 1, 2026. The all-gender restroom must:
a. include signage identifying the restroom as being open to all genders;
b. be available for pupil use, as unlocked, unobstructed, easily accessible by any pupil, and consistent with existing pupil access to sex-segregated restrooms; and
c. be available during school hours and school functions when pupils are present.
Further, each LEA must designate a staff member to serve as a point of contact for the implementation of SB 760 and to post a notice regarding the requirements in a conspicuous location outside at least one all-gender restroom.
B. LABOR/EMPLOYMENT
1. Senate Bill 700 – Employment Discrimination: Cannabis Use
Senate Bill 700 (“SB 700”) amends Government Code section 12954, adding to Fair Employment and Housing Act (“FEHA”) provisions prohibiting discrimination based on cannabis use off the job and away from the workplace. SB 700 goes into effect on January 1, 2024, making it unlawful for an employer to request information from an applicant for employment relating to the applicant’s prior use of cannabis. The employer may not use information about a person’s prior cannabis use obtained from the person’s criminal history unless the employer is permitted to consider or inquire about that information under a specified provision of FEHA or other state or federal law.
2. Assembly Bill 2188 – Off-Duty Use of Marijuana and Adverse Employment Action
Assembly Bill 2188 (“AB 2188”), passed on September 18, 2022, amends FEHA to prohibit discrimination by employers based on a person’s personal use of cannabis off the job and away from the workplace, effective on January 1, 2024.
AB 2188 adds section 12954 to the Government Code, which prohibits employers from discriminating against a person in hiring, termination, or any term or condition of employment based on: (1) the employee’s use of cannabis off the job and away from the workplace; and (2) an employer-required drug screening test that finds the presence of non-psychoactive cannabis metabolites. In making employment decisions, however, employers may consider the results of a scientifically valid pre-employment drug screening test that does not screen for non-psychoactive cannabis metabolites, and is able to identify the presence of active THC.
AB 2188 does not permit employees to possess, be impaired by, or use cannabis on the job, or otherwise impact an employer’s right to maintain a drug and alcohol-free workplace. Accordingly, AB 2188 will not prohibit reasonable suspicion-based drug testing for cannabis use suspected while on duty.
AB 2188 does not apply to applicants or employees hired for positions that require testing for controlled substances under state or federal law, such as employees subject to the Department of Transportation drug testing regulations, or as a condition of receiving federal funding.
3. Assembly Bill 897 – Permanent Status for Adult School Teachers
Assembly Bill 897 (“AB 897”) is operative beginning July 1, 2024, and adds Section 44908 to the Education Code, which provides for permanent status for adult education teachers – a probationary adult school teacher who serves for at least 75% of the number of hours constituting a full-time equivalent position for adult education programs, will be deemed to have served the complete school year.
To the extent that AB 897 conflicts with any provision of a collective bargaining agreement (“CBA”) entered into before July 1, 2024, AB 897 will not apply to the school district until the expiration or renewal of that CBA.
Existing law also authorizes a school district board to employ certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or categorically funded projects. AB 897 adds Section 44909 to the Education Code, operative on July 1, 2024, requiring the following information to be included in the employment agreement:
a. expected end date of employment;
b. source of funding; and
c. nature of the categorically funded program or project.
4. Senate Bill 497 – Protected Employee Conduct
Senate Bill 497 (“SB 497”) amends Sections 98.6, 1102. 5, and 1197.5 of the Labor Code. SB 497 creates a rebuttable presumption in favor of the employee’s claim if an employer engages in any action prohibited under Labor Code section 98.6 within 90-days of an employee engaging in protected activity.
SB 497 also creates the same rebuttable presumption in favor of the employee’s claim if an employer engaged in any action prohibited by Labor Code section 1197.5, or the Equal Pay Act, within 90-days of the protected activity specified in the same section.
Labor Code section 1102.5 is amended to add a civil penalty of up to $10,000 per employee per violation to be awarded to the employee who was retaliated against. To determine the penalty, the Labor Commissioner shall consider the nature and seriousness of the violation based on investigation evidence. The nature and seriousness of the violation is determined by consideration of factors including, but not limited to: (1) the type of violation; (2) the economic or mental harm suffered; and (3) the chilling effect on the exercise of employment rights in the workplace.
5. Senate Bill 765 – Teachers: Retired Teachers: Compensation Limitation
Senate Bill 765 (“SB 765”) is a short-term policy intended to address an immediate need in California’s public education system, particularly, with the onset of the COVID-19 pandemic. Acknowledging that retired teachers and staff are some of the best candidates, SB 765 increases the limitation on post-retirement compensation for State Teachers’ Retirement System (“STRS”). [6] SB 765 establishes that post-retirement compensation will be equal to 70% of the median final compensation of all members who retired in the previous calendar year.
Also, a retired member may perform retired member services without the 180-day waiting period after retirement if the superintendent, county superintendent, or CEO of a community college requests an exemption. The same officials can now also submit a request for exception to STRS to exempt a retired participant from the current annuity reduction requirement under the Cash Balance Benefit Program. [7]
The provisions of SB 765 will be effective from July 1, 2024 to June 30, 2026, before reverting to existing law.
6. Senate Bill 428 – Temporary Restraining Orders and Protective Orders: Employee Harassment
Senate Bill 428 (“SB 428”) adds Section 527.8 to the Code of Civil Procedure, expanding provisions regarding restraining orders for workplace violence to include workplace harassment, beginning January 1, 2025. Harassment is defined, for purposes of this section, as a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress.
7. Assembly Bill 472 – Classified School District and Community College Employees: Compulsory Leaves of Absence: Compensation
Assembly Bill 472 (“AB 472”) amends Sections 45190 and 88190 of the Education Code, explicitly authorizing governing boards of school districts and community college districts to grant voluntary leaves of absence and vacations, with or without pay, to its classified employees.
For an involuntary leave of absence due to a criminal charge, criminal investigation, or administrative delay for job-related administrative determinations, the classified employee is entitled to receive backpay for the period of the involuntary leave of absence, if the conclusion of the proceedings is in favor of the employee.
8. Assembly Bill 1484 – Temporary Public Employees
Assembly Bill 1484 (“AB 1484”) adds Section 3507.7 to the Government Code, imposing greater protections for temporary employees governed by the Meyers-Milias- Brown Act (“MMBA”), defined as a temporary employee, casual employee, seasonal employee, periodic employee, extra-help employee, relief employee, limited-term employee, per diem employee, and any other public employee who has not been hired for a permanent position. AB 484 requires these temporary employees to be automatically included in the same bargaining unit as permanent employees, if the requested classification of temporary employees is not presently within the unit and if they have been hired to perform the same or similar type of work that is performed by the permanent employees.
The public employer shall promptly participate in collective bargaining to establish wages, hours, and terms and conditions of employees for the newly added temporary employees if the parties’ current memorandum of understanding (“MOU”) does not address them. Additionally, upon hire, the public employer shall provide each temporary employee with their job description, wage rates, and eligibility for benefits, anticipated length of employment, and procedures to apply for open and permanent positions.
9. Senate Bill 848 – Employment: Leave for Reproductive Loss
Senate Bill 848 (“SB 848”) adds Section 12945.6 to the Government Code, making it unlawful for an employer to refuse to grant a request by an eligible employee to take up to five days of reproductive loss leave following a reproductive loss event, defined as the day or final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. The leave must be taken within three months of the event and pursuant to any existing leave policy.
If an employee experiences more than one reproductive loss event within a 12-month period, the employer is not obligated to grant more than 20 days of reproductive loss leave time within a 12-month period.
The reproductive loss leave time may be unpaid if there is no existing applicable leave policy. However, the employee may use other available leave balances, including accrued and available paid sick leave.
SB 848 further makes it unlawful for an employer to retaliate against an individual because of the individual’s exercise of the right to reproductive loss leave and requires the employer to maintain employee confidentiality relating to reproductive loss leave.
10. Senate Bill 531 – Pupil safety: Local Educational Agency Contractors: Background Checks
Senate Bill 531 (“SB 531”) amends Section 45125.1 of the Education Code and is effective immediately. Existing law requires any entity that has a contract with a LEA to ensure that any employee who interacts with students, outside of the immediate supervision and control of the student’s parent, guardian, or school employee, has a valid criminal records summary. [8] SB 531 exempts LEA contractor employees that offer student work experience opportunities or workplace placements as part of a student’s individualized education program (“IEP”) from the requirement to have a valid criminal records summary if all of the following requirements are met:
a. at least one adult employee in the workplace that has been designated as the employee of record responsible for the student’s safety has a valid criminal record summary;
b. a staff representative of the LEA makes at least one visit every three weeks to observe the student at the workplace and check in to ensure the student’s health, safety, and welfare; and
c. the student’s parent or guardian has signed a consent form regarding the student’s work placement.
If a contractor provides student services as part of an independent study program, and the student is under the immediate supervision and control of a parent or guardian during the provision of those services, the LEA shall do either of the following:
a. verify valid criminal records summary for all contractor employees who interact with the student; or
b. ensure the student’s parent or guardian signs a consent form attesting that the parent or guardian understands that the person employed by the contractor has not completed a valid criminal records summary.
C. GOVERNANCE
1. Assembly Bill 557 – Open Meetings: Local Agencies: Teleconferences
Assembly Bill 557 (“AB 557”) amends Section 54953 of the Government Code, extending the authority of a legislative body to hold a teleconference meeting when there is a declared state of emergency. AB 557 eliminates the sunset provisions set forth in Assembly Bill 361 (“AB 361”) [9] and further extends the period for a legislative body to make findings of a continuing need to meet under abbreviated teleconferencing procedures from 30 to 45 days, and every 45 days thereafter.
AB 557 also modifies the definition of “just cause” for remote participation to include an immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires the member to participate remotely. The provisions of the “just cause” clause may only be used by any member of the legislative body for up to two meetings per calendar year. [10]
AB 557 will sunset on January 1, 2026.
2. Senate Bill 790 – Public Records: Contracts for Goods and Services
Senate Bill 790 (“SB 790”) adds Section 7928.801 to the Government Code, providing that any executed contract for the purchase of goods or services by a state or local agency, including the price and terms of payment, is a public record subject to disclosure under the California Public Records Act (“CPRA”). Additionally, any provision in a written agreement that purports to exclude a contract from CPRA disclosure is void and unenforceable as a matter of law.
3. Assembly Bill 2158 – Local Educational Agencies: Ethics Training
Assembly Bill 2158 (“AB 2158”), passed on September 13, 2022, amended Sections 53234, 53235, and 53235.1 of the Government Code to require local agency officials in service as of January 1, 2025, including members of the governing board of a school district, a county board of education, or the governing body of a charter school, to receive ethics training before January 1, 2026 and two hours of training at least once every two years thereafter. AB 2158 is included in this legislative update as a friendly reminder to our clients regarding the upcoming deadline for training compliance.
[1] Unless stated otherwise, the term local educational agency or LEA in this 2024 legislative update means a school district, county office of education, or charter schools.
[2] Education Code, § 489080.
[3] AB 1078 amends Sections 234.1, 1240, 35186, 51204.5, 51501, 60040, and 60119, adds Sections 202, 242, 243, and 60040.5 to, and adds Article 8 (commencing with Section 60150) to Chapter 1 of Part 33 of Division 4 of Title 2 of, the Education Code.
[4] Safety planning includes actions to increase the safety of the pupil or an immediate family member, including, but not limited to, temporary or permanent relocation.
[5] AB 275 amends Sections 1000, 1090, 35012, 35120, and 47604.2 of the Education Code.
[6] SB 765 amends, adds, and repeals Education Code sections 24214, 24214.5, and 26812.
[7] Under the Cash Balance Benefit Program, which is a separate benefit program within the State Teachers’ Retirement Plan for participants performing less than 50% of full-time service, the annuity paid to the retired participant is reduced by the amount of compensation for performing retired participant activities. Existing law allows for exemption from the participant’s annuity exemption if the governing body of the employer approves the appointment of the retired participant by resolution.
[8] Ed. Code, § 44237.
[9] AB 361 allowed teleconference meetings during a proclaimed state of emergency if the legislative body found in-person meetings to be a safety risk.
[10] Government Code, § 54953 (f)(2).