Addendum to Legal Update Memo No. 16-2018 REVISED – SB 1343 – Sexual Harassment and Abusive Conduct Prevention Training (CCD)

Download pdf: 16-2018(CC) REVISED Addendum – SB 1343 – Sexual Harassment and Abusive Conduction Prevention Training (CDC)

This Addendum to Legal Update No. 16-2018 – Revised is provided as a gentle reminder that SB 1343 requires private employers (with five or more employees) and public employers such as, but not limited to, school districts, county offices of education, charter schools, and community college districts to provide training to all staff between January 1, 2019, and January 1, 2020, on sexual harassment and abusive conduct prevention.  At least two hours of effective interactive training must be provided to supervisors and at least one hour of effective interactive training must be provided to non-supervisors during 2019.  Employees who were trained prior to January 1, 2019 will need to be retrained.

After January 1, 2020, supervisors must receive at least two hours of effective interactive training every two years within six months of their assumption of a supervisory position.

After January 1, 2020, non-supervisors must receive at least one hour of effective interactive training every two years within six months of their assumption of a non-supervisory position.

For more information on the training requirements, please see the following link to the Department of Fair Employment and Housing (“DFEH”): https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2018/12/SB_1343_FAQs.pdf.

Please contact our office with questions regarding this Legal Update Addendum or any other legal matter.

Legal Update written by Carl D. Corbin.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2019 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

Addendum to Legal Update Memo No. 38-2018 REVISED – SB 1343 – Sexual Harassment and Abusive Conduct Prevention Training (K-12)

Download pdf: 38-2018 REVISED Addendum – SB 1343 – Sexual Harassment and Abusive Conduct Prevention Training (CDC)

This Addendum to Legal Update No. 38-2018 – Revised is provided as a gentle reminder that SB 1343 requires private employers (with five or more employees) and public employers such as, but not limited to, school districts, county offices of education, charter schools, and community college districts to provide training to all staff between January 1, 2019, and January 1, 2020, on sexual harassment and abusive conduct prevention.  At least two hours of effective interactive training must be provided to supervisors and at least one hour of effective interactive training must be provided to non-supervisors during 2019.  Employees who were trained prior to January 1, 2019 will need to be retrained.

After January 1, 2020, supervisors must receive at least two hours of effective interactive training every two years within six months of their assumption of a supervisory position.

After January 1, 2020, non-supervisors must receive at least one hour of effective interactive training every two years within six months of their assumption of a non-supervisory position.

For more information on the training requirements, please see the following link to the Department of Fair Employment and Housing (“DFEH”): https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2018/12/SB_1343_FAQs.pdf.

Please contact our office with questions regarding this Legal Update Addendum or any other legal matter.

Legal Update written by Carl D. Corbin.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2019 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

Legal Update Memo No. 03-2019 – Bid Limit Increased for 2019 (K-12)

Download pdf: 03-2019 – Bid Limit Increased for 2019 (LWS)

The Superintendent of Public Instruction has raised the bid threshold limit for non-construction, competitively bid contracts.  It is now set at $92,600 effective January 1, 2019.  Public Contract Code section 20111(d) provides for an annual inflationary increase determined by the Superintendent of Public Instruction. The increase for 2019 has been set at 3.39%.

This higher bid limit only applies to (1) the purchase of equipment, materials, and supplies; (2) services, except construction services; and (3) repairs, including maintenance as defined in Public Contract Code section 20115, that are not public projects as defined in Section 22002(c).

Please note that the $15,000 threshold for construction services/public works projects has not been affected by this inflationary change.

Please contact our office with questions regarding this Legal Update or any other legal matter.

Legal Update written by Loren W. Soukup, Senior Associate General Counsel.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2019 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

Legal Update Memo No. 02-2019 – Charter Schools Are Subject to the Brown Act, California Public Records Act, Political Reform Act, and Conflict of Interest Laws (K-12)

Download pdf: 02-2019 – Charter Schools are Subject to the Brown Act – CPRA – PRA – COI Laws w attachment (JEN)

On December 26, 2018, California Attorney General Xavier Becerra confirmed in a published opinion that charter schools are subject to the same public-integrity statutes as traditional public schools, including the Ralph M. Brown Act, the California Public Records Act, the Political Reform Act of 1974, and Government Code section 1090.  That opinion is attached to this Legal Update.

The Attorney General opined that charter schools are school districts or other local public agencies within the meaning of the Brown Act and the California Public Records Act.  The Attorney General also noted that charter schools are subject to laws of general application governing all local agencies such as the Brown Act and the California Public Record Act, regardless of the “mega-waiver” contained in section 47610 of the Education Code.

The Attorney General was clear that, because charter schools are public schools, a charter school’s “governing officials . . . are themselves officers of public schools to the same extent as members of other boards of education of public school districts.”  The Attorney General concluded that, insomuch as a private corporation runs a charter school, the public still has a right to transparency as to the public charter school, regardless of governance structure.

Historically, many charter schools have complied with the public-integrity statutes discussed in the Attorney General’s opinion.  However, some charter schools have argued they were exempt from some or all of the laws discussed in the Attorney General’s opinion, and there have been several failed attempts by the California Legislature to amend the law to expressly require charter school compliance.  The Attorney General’s opinion regarding Section 1090 compliance likely will be divisive.

Attorney General opinions are advisory and not legally binding, but are often given “great weight” by California courts.  Accordingly, charter school authorizers should consider this opinion when reviewing charter petitions and/or during oversight practices for existing charter schools.  Charter schools themselves should review current policies and practices to determine if they are in compliance with this opinion.

Legal Update written by Jennifer E. Nix, Associate General Counsel.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2019 School and College Legal Services of California 

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

Legal Update Memo No. 01-2019 – Check Your Uniform Complaint Policy and Administrative Regulation for Compliance with CDE Program Monitoring (K-12)

Download pdf: 01-2019 – Check Your Uniform Complaint Policy and Administrative Regulation for Compliance (DLM)

A local education agency (“LEA”) recently called to our attention that the California Department of Education’s (“CDE’s”) auditors have required changes to the policy and administrative regulation that the LEA adopted from California School Board Association’s (“CSBA’s”) model board policy (“BP”) and administrative regulation (“AR”) 1312.3, pertaining to Uniform Complaint Procedures (“UCP”).  The CDE takes the position that model BP/AR 1312.3 do not comply with state and federal law in several respects.

The CDE has posted on its website a “Sample Uniform Complaint Procedures (UCP) Policies and Procedures” which does comply with the CDE’s interpretation of the legal requirements for UCP.[1]

The thrust of the CDE’s position is that CSBA’s BP 1312.3 does not accurately identify the state and federal laws that are covered by UCP.  The CDE required the LEA that contacted our offices to change its BP 1312.3’s identification of the state and federal programs and activities which are subject to the UCP, with the required changes deviating only slightly from nomenclature used in CSBA model BP 1312.3.[2]

The CDE auditors also disagree with the remedies required by CSBA model AR 1312.3.  CSBA model AR 1312.3 requires a LEA to provide a remedy to “all affected students and parents/guardians” for specific violations of the law, whereas the CDE takes the position that it is “the affected pupil” who is entitled to a remedy where a LEA has found a violation of the following laws:

  • Course Periods without Educational Content;
  • Reasonable Accommodations to a Lactating Pupil; and/or
  • Education of Pupils in Foster Care, Pupils who are Homeless, former Juvenile Court Pupils now enrolled in the school district and pupils of military families.

Governing Boards should consider adopting the CDE Sample Uniform Complaint Procedures to avoid a finding that they are out of compliance, if audited by the CDE.

Legal Update written by Damara L. Moore, Senior Associate General Counsel.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2019 School and College Legal Services of California

 All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1]  https://www.cde.ca.gov/re/cp/uc/ucpmonitoring.asp (last visited January 11, 2019).

[2]  Here is a complete list of these programs, according to the CDE: Adult Education, After School Education and Safety, Agricultural Career Technical Education, American Indian Education Centers and Early Childhood Education Program Assessments, Bilingual Education, California Peer Assistance and Review Programs for Teachers, Career Technical and Technical Education; Career Technical; Technical Training (State); Career Technical Education (Federal); Child Care and Development; Child Nutrition; Compensatory Education; Consolidated Categorical Aid; Course Periods without Educational Content; Economic Impact Aid; Education Of Pupils In Foster Care, Pupils Who Are Homeless, Former Juvenile Court Pupils Now Enrolled In A School District, and Pupils Of Military Families; Every Student Succeeds Act / No Child Left Behind (Titles I–VII); Local Control and Accountability Plans (LCAP); Migrant Education; Physical Education Instructional Minutes;    Pupil Fees; Reasonable Accommodations to a Lactating Pupil; Regional Occupational Centers and Programs; School Safety Plans; Special Education; and State Preschool.

Legal Update Memo No. 42-2018 – Senate Bill 179: Gender Recognition Act (K-12)

Download pdf: 42-2018 – Senate Bill 179 – Gender Recognition Act (JEN)

Recently, our office has gotten a number of questions regarding obligations under California’s Gender Recognition Act, signed into law by Governor Jerry Brown on October 15, 2017.

Effective September 1, 2018, a “nonbinary” gender option was added to state driver’s licenses, identification cards, and birth certificates.  In response to this change, school districts and community colleges should have updated forms for the 2018-2019 school year to allow for the indication of a nonbinary gender.[1]

Effective January 1, 2019, applicants must choose a gender category to apply for or renew a driver’s license or to enroll in the California Organ and Tissue Donor Registry.

Please contact our office with questions regarding this Legal Update or any other legal matter.

Legal Update written by Jennifer E. Nix, Associate General Counsel.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

 © 2018 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] In guidance on Assembly Bill 1266, the California Department of Education stated that “when a school district receives documentation that a legal name or gender has been changed, the district must update the student’s official record accordingly.”  School Success and Opportunity Act (Assembly Bill 1266) Frequently Asked Questions, reviewed Apr. 25, 2018, available at https://www.cde.ca.gov/re/di/eo/faqs.asp.  Accordingly, as early as September 1, 2018, some local educational agencies (“LEAs”) would need to capture the new “nonbinary” gender code in their student information systems.  CALPADS will be able to accommodate the new “nonbinary” gender code in the 2019-2020 school year.  For the 2018-2019 school year, LEAs should ensure that there is local agreement on which gender to report for a student who has elected to identify themselves with the “nonbinary” gender.

Legal Update Memo No. 17-2018 – Senate Bill 179: Gender Recognition Act (CCD)

Recently, our office has gotten a number of questions regarding obligations under California’s Gender Recognition Act, signed into law by Governor Jerry Brown on October 15, 2017.

Legal Update Memo No. 41-2018 – Cal/OSHA Emergency Regulation Reporting Requirements (K-12)

Download pdf: 41-2018 – Cal OSHA Emergency Regulation Reporting Requirements (SPR)

In November of 2018, Cal/OSHA passed emergency regulations requiring certain employers that perform “school and employee bus transportation services” to electronically submit Form 300A regarding work-related injuries and illnesses to the federal OSHA.[1]

The purpose of the emergency regulation is to conform California’s record keeping requirements to the recently updated federal OSHA program.[2] The Department of Industrial Relations (“DIR”) for the State of California issued a News Release outlining the new requirements.[3]

DIR states the following employers must electronically submit Form 300A covering calendar year 2017 by December 31, 2018:

  • All employers with 250 or more employees, unless specifically exempted

by section 14300.2 of Title 8 of California Code of Regulations.

  • Employers with 20 to 249 employees in the specific industries listed in

Appendix H of the emergency regulations.

The exemption under section 14300.2 includes “Elementary and Secondary Schools” and “Junior Colleges,” along with “Other Schools of Instruction” in Appendix A to section 14300.2.  However, Appendix H of the emergency regulations specifically includes “School and employee bus transportation” industries.

Therefore, if your district operates school bus transportation services, you may need to submit Form 300A if you had a qualifying number of employees in your transportation department for the 2017 calendar year.  Your district may also need to submit Form 300A if it has been notified by Cal/OSHA of the need to do so.

How does a district determine the number of employees it has for purposes of filing Form 300A?


Only that portion of a district’s “school and employee bus transportation” operation should be counted in determining the number of employees it has for Form 300A filing purposes.[4]  If there were between 20 to 249 people employed within the district’s transportation department in the 2017 calendar year, Form 300A should be electronically submitted.  If a district had between 1-19 employees in its transportation department for the 2017 calendar year, Form 300A should not be submitted.

Do part-time, seasonal, or temporary workers count as employees?

Yes. Every individual employed in the transportation department during the calendar year counts.

How do I electronically file Form 300A?

Detailed instructions for filing and submitting the Form 300A can be found here.[5]  Note that your workers’ compensation insurance carrier will have the data needed to submit the form; however, it is the responsibility of the district to submit the information.

What if our transportation department did not have any work related illnesses or injuries in 2017?

Neither Cal/OSHA nor the U.S. Department of Labor (Federal OSHA) answer this question directly on their websites, but sample instructions indicate an option to insert that there were no reported workplace injuries or accidents.  Therefore, we recommend filing Form 300A if you are otherwise required to even if you did not have any work related injuries or illnesses in the 2017 calendar year.

What if our district eliminated our transportation department in 2017?

If a district permanently closed their transportation department in 2017, there is no need to electronically submit Form 300A for workplace injury and illness data.

How frequently and by what date must the district electronically file Form 300A?  

Annual filings are required if your district qualifies or has been given notice by Cal/OSHA.  If required, Form 300A for the 2017 calendar year must be submitted by December 31, 2018.   Beginning in 2019, districts that are required to submit Form 300A data must submit all of the required information by March 2 of the year after the calendar year covered by the form.  For example, information for the 2018 calendar year must be submitted by March 2, 2019.

What is the North American Industry Classification System (“NAICS”) code needed to file Form 300A?

For those districts required to file an electronic Form 300A, the NAICS code for “School and employee bus transportation” is 4854.

Please contact our office with questions regarding this Legal Update or any other legal matter.

Legal Update written by Steven P. Reiner, Associate General Counsel.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2018 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] The emergency regulations amend sections 14300.35 and 14300.41 of Title 8 of the California Code of Regulations, which can be found here: https://www.dir.ca.gov/dosh/doshreg/Recording-and-Reporting/Text-of-Amended-Regulation-Revised.pdf

[2] https://www.osha.gov/news/newsreleases/trade/04302018

[3] https://www.dir.ca.gov/DIRNews/2018/2018-90.pdf

[4] California Code of Regulations section 14300.2(b)(1); U.S. Department of Labor FAQs

[5] https://www.osha.gov/injuryreporting/index.html

Legal Update Memo No. 40-2018 – Annual Development Fee Accounting (K-12)

Download pdf: 40-2018 – Annual Development Fee Accounting with attachments (EES)

Reminder: Development Fee Accounting requirements must be met prior to December 27, 2018.  The following information and documents are provided to assist school districts in maintaining statutory compliance.

Government Code section 66006 requires that an annual accounting of development fees must be made available to the public no later than December 27, 2018.  The governing board – at its next regularly-scheduled meeting at least 15 days after the accounting has been made available to the public – must review the annual accounting.

Every five years, additional findings must be made for any fund in which development fees remained unexpended at the end of a fiscal year.

  1. Annual Accounting: Government Code Section 66006

School districts collecting development fees (e.g., statutory school facilities fees and other impact mitigation payments) must provide a separate accounting for each separate account or fund into which such fees or payments were deposited.

Section 66006(b)(1) requires the annual accounting for each fund include the following information:

(A) A brief description of the type of fee in the account or fund.

(B) The amount of the fee.

(C) The beginning and ending balance of the account or fund.

(D) The amount of the fees collected and the interest earned.

(E) An identification of each public improvement on which fees were expended and the   amount of the expenditures on each improvement; include the total percentage of the cost of the public improvement that was funded with fees.

(F) An identification of an approximate date by which the construction of the public         improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of section 66001, and the public improvement remains   incomplete.

(G) A description of each interfund transfer or loan made from the account or fund,          including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.

(H) The amount of refunds made pursuant to subdivision (e) of section 66001 and any      allocations pursuant to subdivision (f) of section 66001.[1]

Each fee-collecting district must make the accounting available to the public by December 27, 2018, which is within 180 days after the last day of the fiscal year as required by statute.  In addition, the governing board must review the information at its next regularly-scheduled board meeting held no earlier than 15 days after the information becomes available to the public.  Notice of the time and place of this meeting, including the address at which the information may be reviewed, must be mailed at least 15 days prior to the meeting to anyone who has filed a written request with the district for such notice.

  1. Every Fifth Fiscal Year: Government Code Section 66001

Government Code section 66001(d)(1) requires that for the fifth fiscal year following the first deposit into each account or fund, and every five years thereafter, the local agency must make certain findings.  These findings must also be made available to the public by December 27, 2018.  When a local agency fails to make the required five-year findings, the agency is required to refund the unexpended portion of the fee, and any interest accrued thereon.  Walker v. City of San Clemente, 239 Cal. App. 4th 1350, 1371 (2015)(emphasis in original).

In Walker, the city was ordered to refund approximately $10.5 million in unexpended fees for failing to make the required five-year findings.  Specifically, the city failed to discuss the relationship between the nearly $10 million balance in the Beach Parking Impact Fee account and the purpose for which the fee was established, nor did it demonstrate a reasonable relationship between the unexpended fees and their purpose. The city’s purported findings identifying the sources and funds anticipated to complete financing for incomplete beach parking improvements and designating the approximate dates when it anticipated receiving that funding were also insufficient.

The Walker decision affirms that section 66001 imposes a duty on the local agency to reexamine the need for the unexpended fees.  Specifically, the Walker court explained, “[t]he City may not rely on findings it made 20 years earlier to justify the original establishment of the Beach Parking Impact Fee, or the findings it made 13 years earlier to justify reducing the amount of the fee.  Instead, the Act required the City to make new findings demonstrating a continuing need for beach parking improvements caused by the new development in the noncoastal zone.”

To comply with section 66001(d)(1), a district must make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:

(A) Identify the purpose to which the fee is to be put.

(B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.  The Walker decision interpreted this to include an assessment of the impact of the development on the local agency, the current status of the need for the fund, the status of any improvements identified when the fee was established, what has been done since the fee was imposed, and future plans.

(C) Identify all sources and amounts of funding anticipated to complete financing and incomplete improvements identified in Government Code section 66001(a)(2), which states if the use is financing public facilities, the facilities shall be identified.  It is optional, but identification can be made by reference to a capital improvement plan as specified in Government Code sections 65403 or 66002, or in other public documents that identify the public facilities for which the fee is charged.

(D) Designate the approximate dates on which the funding referred to in paragraph (3) is expected to be deposited into the appropriate account or fund.

In sum, the local agency must affirmatively demonstrate that it still needs the unexpended fee to achieve the purpose for which it was originally imposed, and that the agency has a plan on how to use the unexpended balance to achieve that purpose.

The findings required by this subdivision need only be made for moneys in possession of the local agency and need not be made with respect to letters of credit, bonds, or other instruments taken to secure payment of the fee at a future date.  As noted above, if the findings are not made as required by this subdivision, the local agency must refund the unexpended moneys in the account or fund plus interest as provided in Government Code section 66001(e).

III.       Additional Information and Suggestions

Enclosed with this letter are three forms to assist with Government Code sections 66001 and 66006 compliance.  The attachments include:

  • A sample resolution related to statutory fees collected under Education Code section 17620. (For districts which still have fees collected under “SB 201” — Government Code section 65970, et seq.—a separate resolution is available upon request.)
  • A sample Exhibit 1, to be completed and attached to the resolution addressing the information required by Government Code section 66006 (Annual Accounting).
  • A sample Exhibit 2, to be completed and attached to the resolution addressing the information required by Government Code section 66001 (Fifth-Year Accounting).
  • Instructions to complete Exhibit 1 and Exhibit 2.
  • Copies of relevant Code provisions.

These three documents assume that there are funds remaining in the account(s) or fund(s) in question for which a report under Government Code section 66001 is necessary.  If that is not the case, please contact our office and we can provide a modified form of resolution.  Finally, a reminder that even if funds remaining at the end of the fiscal year have been spent prior to the date of the accounting, it remains necessary to comply with Government Code section 66001 and complete the Fifth-Year Accounting.  Although, the fact that the funds remaining have been spent will be reflected on both Exhibit 1 (reference (F)) and Exhibit 2 (references (C) and (D)).

Please contact our office with questions regarding this Legal Update or any other legal matter.

Legal Update written by Erin E. Stagg, Associate General Counsel.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

 © 2018 School and College Legal Services of California

 All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Government Code section 66001(e) requires districts to refund developer fees that are not appropriated within a five-year period from date of collection.  Government Code section 66001(f) provides a method for allocating such non-appropriated fees if the administrative costs of refunding exceed the amount to be refunded.

Legal Update Memo No. 16-2018 – SB 820 and SB 1343 – Sexual Harassment Prevention Legislation (CCD)

Download pdf:16-2018(CC) REVISED – SB 820 & SB 1343 – Sexual Harassment Prevention Legislation (CDC)

The Governor signed two Senate Bills (“SB”) 820[1] and 1343[2] relating to sexual harassment issues.

SB 820

Effective January 1, 2019, settlement agreements may not include a provision that prevents the disclosure of factual information related to a claim filed in a civil action or a complaint filed in any administrative action regarding any of the following four issues:

  1. An act of sexual assault that is not governed by subdivision (a) of Section 1002 of the Code of Civil Procedure.
  2. An act of sexual harassment, as defined in Section 51.9 of the Civil Code.
  3. An act of workplace harassment or discrimination based on sex, or failure to prevent an act of workplace harassment or discrimination based on sex or an act of retaliation against a person for reporting harassment or discrimination based on sex, as described in subdivisions (h), (i), (j), and (k) of Section 12940 of the Government Code.
  4. An act of harassment or discrimination based on sex, or an act of retaliation against a person for reporting harassment or discrimination based on sex, by the owner of a housing accommodation, as described in Section 12955 of the Government Code.[3]

SB 1343

Since 2005, California law has required that all supervisors of public employers (such as K-12 school districts, county offices of education, and community college districts) regardless of the number of employees and all supervisors of private employers with 50 or more employees receive at least two hours of interactive training regarding sexual harassment prevention within the first six months of the supervisor assuming the position.

Effective January 1, 2020, all supervisors of public employers and all supervisors of private employers with five or more employees must receive at least two hours of interactive training regarding sexual harassment prevention within the first six months of the supervisor assuming the position and every two years thereafter.[4]

Also effective January 1, 2020, all nonsupervisory staff of public employers and all nonsupervisory staff of private employers with five or more employees must receive at least one hour of interactive training regarding sexual harassment prevention within the first six months of their assumption of a position and every two years thereafter.

Effective January 1, 2020, for seasonal and temporary employees, or any employee that is hired to work for less than six months, an employer shall provide training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first.[5]

While districts can continue to use other methods to complete the training (such as an “in-person” workshop or via online training), the Department of Fair Employment and Housing (“DFEH”) will be required to offer two online training courses on the prevention of sexual harassment in the workplace with the course for nonsupervisory employees being one hour in length and the course for supervisory employees being two hours in length.[6]

Please contact our office with questions regarding this Legal Update or any other legal matter.

Legal Update written by Carl D. Corbin, General Counsel.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2018 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Available at: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB820.

[2] Available at: http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1343.

[3] Code of Civil Procedure § 1001.

[4] Government Code § 12950.1(a).

[5] Government Code § 12950.1(h)(1).

[6] Government Code § 12950.1(k).