Download PDF: 05-2023 – 2023-2024 Annual Notice to Parents (LMS) w ATTACHMENTS

Consistent with Education Code section 48980 and other state and federal laws which require districts to annually notify students, parents, and guardians of their legal rights and responsibilities, attached is a form Annual Notice to Parents appropriate for use in the 2023-2024 school year.

The attached Annual Notice to Parents will satisfy a school district’s obligations under Education Code section 48980 and other state and federal laws addressing annual notice requirements. However, please be aware that the attached Annual Notice to Parents:

• Provides only summary notification to parents for annually required notices; and
• Does not satisfy any specific circumstance notifications that may be required under state and/or federal law, which will vary from district to district and may vary from school site to school site.

Notes and Changes for the 2023-2024 Notification

Please note the following for the 2023-2024 Annual Notice to Parents:

• Excused Absences: Education Code §48205 was updated to include as an excused absence the participation of middle school or high school pupils engaging in a civic or political event, provided that the pupil notifies the school ahead of the absence.
• The Age Discrimination Act: The Age Discrimination Act prohibits discrimination in programs or activities receiving federal and/or state financial assistance. (Title 42 of the United States Code section 6101 et seq.)
• The Boy Scouts of America Equal Access Act: The Boy Scouts of America Equal Access Act requires public schools to provide equal access to the use of school property to the Boy Scouts and other designated youth groups. (Title 34 of the Code of Federal Regulations section 108.6.)

Additional Documents That Must be Included in the Annual Notice to Parents

As always, each school district is required to provide, in addition to the Annual Notice to Parents, documents that are specific to each individual school district. The following documents must be included with the Annual Notice to Parents:

• Your district’s policy on sexual harassment;
• A listing of all pesticides that will be used at each school site in your district (including the Internet address developed by the Department of Pesticide Regulation pursuant to Food and Agricultural Code section 13184 for access to information on pesticides and pesticide use reduction, and the parent option to register to receive notification of individual pesticide applications at the school facility) and, if using pesticides not listed in Education Code 17610.5, the district’s integrated pest management (IPM) plan or the district website address where the plan may be viewed;
• The schedule of all minimum and pupil-free staff development days for your district (your school calendar);
• Your district’s policy on parent classroom visits;
• Your district’s Uniform Complaint Procedures, which should include an explanation of the process, opportunity to appeal to the California Department of Education (Education Code section 262.3), district persons responsible for processing complaints, and a statement that additional civil law remedies may be available under state and federal discrimination laws. Each district’s Uniform Complaint Procedures, typically found in Board Policy and Administrative Procedure 1312.3, should be updated annually to ensure compliance with current laws.

If your school district offers any of grades 9 to 12, you must provide information about college admission requirements and career technical education with your Annual Notice to Parents:

• Pursuant to Education Code section 51229, each district offering grades 9-12 is required to provide the parent or guardian of each minor pupil enrolled in any of those grades in the district with an annual written notification of the College Admission Requirements and Career Technical Education. This written notice, to the extent possible, shall not exceed one page in length and must include the following:
• A brief explanation of the college admission requirements;
• A list of the current University of California and California State University websites and a list of high school courses that have been certified by the University of California as satisfying the requirements for admission to the University of California and the California State University;
  • A brief description of career technical education, as defined by the CDE;
  • The internet address for the portion of the website of the CDE where students can learn more about career technical education; and
  • Information about how students may meet with school counselors to help them choose courses at their school that will meet college admission requirements and/or enroll in career technical education courses, or both.
• In addition, if a district elects to allow a career technical education course to satisfy the visual/performing arts or foreign language graduation requirement, the district shall provide information about the high school graduation requirements of the district and how each requirement satisfies or does not satisfy the subject matter requirements for admission to state public colleges. The district shall also provide a complete list of career technical education courses offered by the district that satisfy the subject matter requirements for admission to the state public colleges, and which of the specific admission requirements these courses satisfy. It is recommended that the College Admission Requirements and Career Technical Education notification be included with your Annual Notice to Parents.

Other Relevant Laws to Consider

 As described above, several state and federal laws require that many documents and other information be made available to parents/guardians upon request, including, but not limited to, each school’s Prospectus of School Curriculum and district non-discrimination policies. In satisfaction of these requirements, the 2023-2024 Annual Notice to Parents provides that such information may be obtained either from the student’s school or the district office (as appropriate). Some laws require notifying parents or guardians in particular situations that do not apply to all students or all schools.

Please review the following sections carefully to ensure that your district’s policies and procedures and your Annual Notice to Parents are consistent with the relevant laws.

Code of Conduct for Employee-Pupil Interactions 

Pursuant to Education Code section 44050, LEAs that maintain an employee code of conduct containing a section on employee interactions with pupils must provide a written copy of the section to the parent or guardian of each pupil at the beginning of the school year. This requirement is satisfied by including the relevant section in the Annual Notice to Parents. If you have a code of conduct containing a section on employee interactions with pupils, we strongly encourage you to include the language in your Annual Notice to Parents.

Immigrant Pupils Rights

Pursuant to Education Code section 234.7(d)(1), LEAs must provide information to parents and guardians regarding their children’s right to a free public education regardless of immigration status or religious belief. This information has been incorporated into the Annual Notice to Parents, but such information may also be distributed by any other cost-effective means determined by the LEA.

Long-Term English Learners

Under Education Code section 440, each parent or guardian must be given notice when their child is assessed for English language proficiency no later than 30 days after the start of the school year. Education Code section 313.2 expanded these parental notification requirements to include the following additional information: 1) whether the child is a long-term English learner or at risk of becoming a long-term English learner; 2) the manner in which the English language development instruction will meet the educational needs of long-term English learners or those at risk of becoming long-term English learners; and 3) the manner in which the program for English language development instruction will help long-term English learners or those at risk of becoming long-term English learners develop English proficiency and meet age-appropriate academic standards.

School Accountability Report Card

Pursuant to Education Code section 35256, the governing board of each school district shall annually issue a School Accountability Report Card for each school in the district, publicize those reports, and notify parents or guardians of pupils that a hard copy will be provided upon request.  Each district must make hard copies of its annually updated report card available, upon request, on or before February 1st of each year. We strongly encourage that each district include this information in its Annual Notice to Parents.

Title I/Every Student Succeeds Act

For districts that may be receiving Title I and/or any other federal funds, please note that the Annual Notice to Parents is not intended to satisfy other specific notification obligations you may have under federal law, including ESSA. Although the Annual Notice to Parents does contain some parent notifications in satisfaction of ESSA, the scope of such notice is limited to providing only those notices universally required of all districts. Similar to the ESSA requirements, California has enacted the Open Enrollment Act,^[1] which requires districts with a “low-achieving school” to notify the parents at that school of their option to transfer to another public school served by the district of residence or another school district. Districts should consult with their Title I and other special program coordinators as well as School and College Legal Services with respect to any additional notifications that may be required.

Title VI of the Civil Rights Act of 1964

Additionally, Title VI of the Civil Rights Act of 1964 requires that each district have a policy of non-discrimination on the basis of race, color, national origin, sex, age, or disability. We recommend that this policy be included with your Annual Notice to Parents.

Title IX of the U.S. Education Amendments of 1972

Title IX of the U.S. Education Amendments of 1972 requires that each district provide a notice of non-discrimination and state that the district does not discriminate on the basis of sex in its educational programs and activities. The notice must state that questions regarding Title IX may be referred to the school’s Title IX coordinator or the Office of Civil Rights. The district must notify all students and employees of the name or title, office address, telephone number, and email address of each district’s designated Title IX coordinator(s). We highly encourage your district to review its policies and administrative regulations on non-discrimination on the basis of sex to ensure they are up to date. If your district maintains a website, please also ensure that your website clearly displays the information of the designated Title IX coordinator and the related non-discrimination policies.

Federal Race and Ethnicity Data Collection Reporting

Based upon final guidance from the U.S. Department of Education regarding the collection of race and ethnicity data for students and staff, the California Department of Education has revised its data collection requirements using the California Longitudinal Pupil Achievement Data System (CALPADS). School districts are obligated to comply with the reporting requirements using a two-part question (https://www.cde.ca.gov/ds/dc/es/refaq.asp). It is recommended that the Annual Notice to Parents be used as the mechanism for distributing the information to students.

Translation

For those districts subject to Education Code section 48985,[2] the 2023-2024 Annual Notice to Parents has been translated into Spanish and is attached for your convenience. The California Department of Education has established a Clearinghouse for Multilingual Documents to help school districts meet state and federal requirements for document translation and parental notification, including the requirements in Education Code section 48985, Every Student Succeeds, and other legislation. The Clearinghouse may be accessed at the following web address: http://www.cde.ca.gov/Ls/pf/cm/.

Bullying

Districts are required to adopt and publicize a policy prohibiting discrimination, harassment, intimidation, and bullying, based on actual or perceived characteristics. The policy must include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district.  Districts are required to post the policy in all schools and offices, including staff lounges and student government meeting rooms, and the policy must be translated as required by Education Code section 48985. It is recommended that the Annual Notice to Parents be used as a mechanism for distributing the policy to students.

Sections of the Annual Notice to Parents Required Under Specific Circumstances

Lastly, please find below a list of updated code sections that require annual notice to parents only under specific circumstances. Most of these code sections have not been added to the Annual Notice to Parents as they may not be applicable to all students and specific policies may vary from district to district. It is the responsibility of the individual school district to notify parents regarding the following sections:

• Education Code section 310 – Multilingual Education

 If a school district implements a language acquisition program under this section, information on the types of language programs available and a description of each program must be given to parents and guardians in the annual parent notice or upon enrollment.

• Education Code section 49073.6 – Information from Social Media

 If your district has adopted a program or entered a contract for services to gather and maintain information from social media^[3] about enrolled students, the district must provide certain information to the parent or guardian of any student whose information has been gathered. This information may be included in the Annual Notice. The parent or guardian of the student whose information has been gathered must be notified of the following: 1) the student’s information is being gathered from social media; 2) the process by which the student or their parent or guardian can access and examine the collected information; and 3) the process by which the student or their parent or guardian can request the correction or removal of information gathered.

• Education Code section 35182.5 – Electronic Products or Services that Disseminate Advertising

 If a district enters into a contract for electronic products or services that requires the dissemination of advertising to students, the district must provide written notice to the parents or guardians of the students that the advertising will be used in the classroom or other learning centers.

• Education Code section 69432.9 – Cal Grant Program

 Districts must notify students enrolled in 11th grade and, for pupils under 18 years of age, his or her parent or guardian, that the students will be deemed Cal Grant applicants unless the students opt out of being automatically deemed a Cal Grant applicant. If 11th grade students do not opt out,[4] their grade point average will be submitted electronically. This written notice must be provided to all 11th grade students, and their parents (for students who are under 18), by January 1 of the student’s 11th grade year. The notice must specify the process and time by which students may opt out within a set period of time, but not less than 30 days. The notice must indicate when the school will send grade point averages to the commission and the submission deadline of October 1.

• Health and Safety Code sections 120325 & 120335 – Immunizations

 Immunizations are discussed in the Annual Notice to Parents under “Communicable Diseases.” However, districts may want to provide supplemental information detailing the specifics of the immunization requirements due to the impact it may have on students.  The law requires all students entering kindergarten, including transitional kindergarten, or advancing from sixth to seventh grade in the district, or prior to their first admission to the district, to comply with the immunization requirements of Health and Safety Code section 120335, unless the student provides the district with a valid exemption from a licensed physician, which, after January 1, 2021, must comply with the requirements set forth in Health and Safety Code section 120372. New personal-belief exemptions filed with the district will no longer be accepted.  Documented immunizations appropriate for each student’s age include: (1) Diphtheria; (2) Haemophilus influenzae type b; (3) Measles; (4) Mumps; (5) Pertussis (whooping cough); (6) Poliomyelitis; (7) Rubella; (8) Tetanus; (9) Hepatitis B; (10) Varicella (chickenpox); and any other diseases deemed appropriate by the department. Students qualified for an individualized education program may access special education and related services. Full immunization against Hepatitis B shall not be a condition of admittance to 7th grade. All students entering 7th through 12th grades must be immunized with a Pertussis (whooping cough) vaccine booster called Tdap. This affects all students – current, new, and transfers – in public and private schools. It is recommended that the immunization notification be included with the Annual Notice to Parents.

• Education Code section 32221.5 – Pupils Insurance for Athletic Teams

 Requires school districts that elect to operate an interscholastic athletic team(s) to include the following statement, printed in boldface type of prominent size, in all offers of insurance coverage that are sent to members of school athletic teams:

“Under state law school districts are required to ensure that all members of school athletic teams have accidental injury insurance that covers medical and hospital expenses.  This insurance requirement can be met by the school district offering insurance or other health benefits that cover medical and hospital expenses.

 Some pupils may qualify to enroll in no-cost or low-cost local, state, or federally sponsored health insurance programs.  Information about these programs may be obtained by calling ____________ [Insert toll-free telephone number].”[5]

• Education Code section 49475 – Concussions and Head Injuries in Athletics

Requires districts that elect to offer athletic programs to provide, on a yearly basis, a concussion and head injury information sheet, which must be signed and returned by the athlete and the athlete’s parent or guardian before the athlete may initiate practice or competition.

• Education Code section 48980(m) – Transfer of Student with Felony Conviction

A school district that elects to adopt a policy regarding the transfer of pupils convicted of a violent felony or misdemeanor, pursuant to Education Code section 48929, shall inform parents or guardians of the policy in the Annual Notice to Parents.

• Education Code section 49452.8 – Pupil Health: Oral Health Assessment

Requires public schools to send a notification of the oral health assessment requirements, including a standardized form that can be used for the assessment or on which the parent or legal guardian can indicate one of several specified reasons why an oral health assessment by a licensed dentist or other registered dental health professional assessment cannot be completed for any pupil enrolled in kindergarten in a public school, or in first grade if the pupil was not previously enrolled in kindergarten in a public school.

• Education Code section 44808.5 – High School Open Campus

If a school district allows high school students to leave campus at lunchtime, a copy of the following notice set forth below in bold letters must be included as part of the Annual Notice to Parents:

The governing board of the __________ School District, pursuant to Section 44808.5 of the Education Code, has decided to permit the pupils enrolled at _____________ High School to leave the school grounds during the lunch period.

Section 44808.5 of the Education Code further states:

“Neither the school district nor any officer or employee thereof shall be liable for the conduct or safety of any pupil during such time as the pupil has left the school grounds pursuant to this section.”

• Education Code section 35211 – Driver’s Training

School districts that maintain a driver’s training course must advise parents of students participating in the course of the civil liability that will be imposed on the parent or guardian, and insurance coverage carried by the district for such courses, specifically including any limitations of such coverage as it relates to parent liability.

• Education Code section 11503 – Programs to Encourage Parental Involvement

Districts receiving funds under the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.), as amended by the federal Every Student Succeeds Act are required to develop a written parent and family engagement program for each school in the district that receives these funds. Each year, these districts must provide:

• • An annual statement identifying specific objectives of the program.
  • An annual review and assessment of the program’s progress in meeting those objectives with the review being made available to parents upon request.
• Title 20 of the United States Code section 1232h – Protection of Pupil Rights Amendment

The Protection of Pupil Rights Amendment (“PPRA”) requires that districts develop policies that obligate them to obtain prior written consent from parents or guardians prior to their student participating in a survey containing one or more of the following items:

(1)  political affiliations or beliefs of the student or the student’s parent;

(2)  mental or psychological problems of the student or the student’s family;

(3)  sex behavior or attitudes;

(4)  illegal, anti-social, self-incriminating, or demeaning behavior;

(5)  critical appraisals of other individuals with whom respondents have close family relationships;

(6)  legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

(7)  religious practices, affiliations, or beliefs of the student or student’s parent; or

(8)  income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

The PPRA requires that school districts provide parents and guardians with annual notice of these policies and parents’ rights under the policies at the beginning of the school year and within a reasonable period of time after any substantive change in such policies, including the process to opt their children out of participation in certain activities, and the dates during the school year when the district schedules: (a) surveys requesting personal information; (b) physical examinations or screenings; and (c) collection of personal information from students for marketing or sale.

California has also adopted a similar requirement to the PPRA in Education Code section 51513, which requires written parent consent prior to their students participating in a survey, test, questionnaire, or examination regarding the pupil’s or the pupil’s family’s beliefs, morality, and similar issues.

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

Enclosures

 

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.

 © 2023 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] Education Code sections 48350 et seq.

[2] Where 15 percent or more of pupils enrolled speak a primary language other than English, all notices, reports and statements sent to the parent or guardian must be written in the primary language in addition to being written in English.

[3] “Social media” is defined as an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. (Education Code section 49073.6(a)(2).)

[4] Until a pupil turns 18 years of age, only a parent or guardian may opt the pupil out. Once a pupil turns 18, only the pupil may opt out.

[5] Under the law, the toll-free telephone number can be for: 1) The Healthy Families Program; 2) Medi-Cal; 3) Any other comparable toll-free telephone number for a no-cost or low-cost local, state, or federally sponsored health insurance program. (Education Code § 32221.5, subd. (c).) The number for Medi-Cal, 1-800-880-5305, will meet this requirement.

Download PDF: 04-2023 Classified and Certificated Employees – Notification of Reasonable Assurance of Employment for 2023-2024 (SPR) w ATTACHMENT

Classified Employees

In order for classified employees who do not work during the summer to be held ineligible for unemployment benefits, Unemployment Insurance Code (“Code”) § 1253.3 requires that districts send those employees a “letter of reasonable assurance” no later than 30 days prior to the last day of the academic year or term.[1]  The Code requires very specific language.  The attached sample letters comply with Code requirements.

Letter No. 1 is a sample letter for classified employees who work less than 12 months.

Letter No. 2 is a sample letter for categorical, special, or federally- funded classified employees who work less than 12 months.

Letter No. 3 is a sample letter for classified substitutes to be used if the district has a classified substitute list.

Certificated Employees

It is not necessary to send letters of reasonable assurance to regular certificated or administrative employees because they are defined as “professional” employees with either explicit or implied contracts that serve as a reasonable assurance of re-employment.

Substitute Teachers
Substitute teachers, particularly if they are on a list maintained by the district, do not have contracts and we recommend they be sent a letter of reasonable assurance no later than 30 days prior to the last day of school.  Each district should send letters to the substitutes on their substitute list and not rely on the county office of education to produce letters of reasonable assurance on its behalf.  If a county office of education also employs certificated substitutes for its own programs, those county offices of education should also send a notice of reasonable assurance to those substitutes.

Letter No. 4 is a sample letter to be used for substitute teachers who are on a substitute list.

Schools Operating “Year-Round”

Employees working at schools that operate on a year-round basis may be treated differently in terms of qualifying for unemployment benefits during the summer.  Substitute teachers and other qualifying school employees may be eligible for unemployment insurance benefits if they are not employed during a district’s summer session, and the summer session resembles a “regular term.”  A summer session is deemed a “regular term” if it as a whole resembles the other academic terms of the school year in which it maintains consistent enrollment, staffing, budget, instructional programs, or other objective characteristics.[2]

The California Supreme Court held, “if a school district with conventional fall and spring semesters also offers a two-week summer session with limited offerings and limited enrollment, the summer session would not be a ‘regular’ term. By contrast, if a school district offers a summer session that resembles the fall and spring semesters in terms of enrollment, staffing, budget, and the instructional program offered, then the summer session would qualify as a ‘regular’ term.” (Id.)  In response to this type of claim, districts should be prepared to demonstrate that these factors differ between fall/spring and summer terms.

If you question whether your district’s summer term meets the court’s description of a “regular term,” it is recommended that you issue the letter of reasonable assurance to qualified employees as a precaution.

General

Some employees will file for unemployment benefits with the Employment Development Department (“EDD”) after receiving a letter of reasonable assurance.  The Code requires they be told that filing for benefits is an option. In response to such a claim, the district should be prepared to produce a copy of the letter of reasonable assurance issued to the employee.   For this reason it is important to scan or save a copy of each letter of reasonable assurance given to each employee so it can be produced to EDD.

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.

© 2023 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] Unemployment Insurance Code Sec. 1253.3, subd. (h) refers to the “end of the academic year or term” not the last day of service for the employee.

[2] United Educators of San Francisco etc. v. California Unemployment Ins. Appeals Bd. (2020) 8 Cal.5th 805.

Download PDF:  02-2023(CC) – UPDATED FOR 2023 Brown Act Virtual Meeting Requirements (JH)

This Legal Update clarifies how a public agency’s can rely on the AB 361 teleconferencing rules for the remainder of 2023. It also fixes two typographical errors from the November 8, 2022 Legal Update. Revisions are shown in red text.

When California ends its COVID-19 State of Emergency on February 28, 2023, LEAs that have adopted the AB 361 teleconferencing resolution prior to that date could continue to meet virtually so long as state or local officials continue to recommend measures to promote social distancing and the LEA’s governing board continues to make monthly findings as required.[1]

Assembly Bill (“AB”) 2449, signed into law on September 13, 2022, amended Government Code section 54953 to provide authority and specific requirements for public agencies to allow individual board members to appear at meetings via videoconference for “just cause” and under “emergency circumstances” while remaining in compliance with the Brown Act (Gov. Code §§ 54950 et seq.). AB 2449 goes into effect on January 1, 2023, and sunsets on December 31, 2025. AB 2449’s primary difference from the pre-pandemic Brown Act rules on teleconferencing[2] is that the teleconference location does not have to be identified on the agenda or accessible to the public.

On the following pages, we have provided a chart comparing pre-pandemic (“traditional”) teleconferencing requirements (which remain in effect and allow Board members to appear virtually for any reason, provided their location meets specific requirements) with AB 361 (which, while operative through the end of 2023, allows entire meetings to be held virtually under a statement of emergency), and the new AB 2449 rules for individual board members. Effective January 1, 2023, the Brown Act permits teleconferencing under any of the three options – traditional Brown Act teleconferencing, AB 361 state of emergency rules, and AB 2449 individual board member rules.

A: Rules Regarding a Quorum

Traditional Brown Act Teleconferencing Requirements	AB 361	AB 2449
During teleconference meetings, at least a quorum of the members of the local public agency body must participate from locations within the boundaries of the territory over which the local public agency body exercises jurisdiction.	Quorum not required to be located within the boundaries of the territory.	A quorum must participate in person from a singular physical location identified in the agenda, that is open to the public, and within the boundaries of the LEA.

B: Qualifying Circumstances Permitting Teleconferencing

Traditional Brown Act Teleconferencing Requirements	AB 361	AB 2449
The teleconference location must be noted on the agenda. The agenda must be posted at the remote location. Each teleconference location must be accessible to the public so the public may attend the remote location. Any vote must be done by roll call. A majority of the Board must be located within the territory of the district.	Only applies during a proclaimed state of emergency, where state or local officials have imposed or recommended measure to promote social distancing. The board must hold a meeting during the proclaimed state of emergency to decide by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. Board must make findings every 30 days that the qualifying circumstances continue.	Individual board members may participate in board meetings remotely, if they notify the Board at their earliest opportunity, and have one of the following:   Just Cause: Individual board members can participate remotely when caregiving of a family member, a contagious illness, a physical or mental disability, or LEA-related travel prevents them from appearing in person; –          May not be used more than two meetings per calendar year per Board member.   OR   Emergency Circumstances: Individual board members can participate remotely when there is a physical or family medical emergency that prevents them from appearing in person. –          The board member must describe the emergency in approximately 20 words without disclosing any personal medical information. –          Board must take action to approve the member’s request. –          A board member may not claim emergency circumstances more than three consecutive months OR 20 percent of the regular meetings within a calendar year

C: Agenda Requirements for Teleconferencing

Traditional Brown Act Teleconferencing Requirements	AB 361	AB 2449
Each teleconference location from which a member will be participating must be specifically identified in the meeting notice and agenda, including full address and room number.   An agenda must be posted for the required period of time (24 or 72 hours) at each teleconference location from which a member will be participating.	Public agency must only give notice and post agenda in accordance with the Brown Act provisions for in-person meetings.   The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.	The agenda must provide notice of how the public can access the meeting and provide comments. The agenda shall identify and include an opportunity for all persons to attend via a call in option, an internet-based option, and an in-person option. The board may not require a member of the public to submit comments prior to the meeting.   There is no requirement to disclose the teleconferencing location.

D: Teleconference Location

Traditional Brown Act Teleconferencing Requirements	AB 361	AB 2449
Each teleconference location must be physically accessible to the public.   Members of the public must be able to physically address the body from each teleconference location.	Public agencies do not have to let members of the public attend at each teleconference location, but must allow the public to access the meeting via a call-in or an internet-based service option.   The public agency is not required to provide a physical location for the public to attend or provide comments.	Teleconferencing members must participate with both audio and visual, i.e. only via videoconference.   Videoconferencing members must disclose whether any individuals 18 years or older are present in the same room and the nature of the relationship.

E: Public Comment

Traditional Brown Act Teleconferencing Requirements	AB 361	AB 2449
Public Comment must be allowed at the in-person meeting and from every teleconference location.	The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. Gov. Code § 54953(e)(1)(B).   The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. Gov. Code § 54953(e)(1) (E).   An individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. Gov. Code § 54953(e)(1)(F). [Note: The Brown Act does not allow a public agency to require a meeting attendee to provide their name and address as a condition of attendance and public agencies may need to consider whether pseudonyms will be allowed].   A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register until that timed public comment period has elapsed.   A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register, or otherwise be recognized for the purpose of providing public comment.   A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register until the timed general public comment period has elapsed.	The legislative body must provide to the public a two-way audio-visual platform or a two-way telephonic service with live webcasting.   The legislative body must provide a way for the public to remotely hear, visually observe, and remotely address the legislative body in real time.

F: Effective Dates

Brown Act Teleconferencing Requirements	AB 361	AB 2449
Government Code section 54953 was initially added in 1953, and amended in 1988 to allow for teleconferencing, with various amendments throughout the years. There is no intended sunset date.	AB 361 went into effect on October 1, 2021 and will sunset on December 31, 2023.	AB 2449 goes into effect on January 1, 2023 and sunsets on December 31, 2025.

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.

© 2023 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] See Section 3 of AB 361, Government Code section 54953 (e)(1), (3);  https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 .

[2]   We use “teleconferencing” herein to mean conference via telephone or video, as defined in the Traditional Brown Act statute.

Download PDF:  01-2023 – Bid Limit Increased for 2023 (LWS)

The Superintendent of Public Instruction has raised the bid threshold limit for non-construction, competitively bid contracts.  It is now set at $109,300 effective January 1, 2023.  Public Contract Code section 20111(d) provides for an annual inflationary increase determined by the Superintendent of Public Instruction. The increase for 2023 has been set at 10.32%.

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.

 

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.

© 2023 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.

Download PDF: 20-2022(CC) – Registry of Public Agencies w Attachments (SPR)

This is a reminder to update your district’s statement of facts listed in the Registry of Public Agencies (“Registry”), a public list of basic facts about a community college district which includes the following:

1. The full, legal name of the public agency;
2. The official mailing address of the governing board;
3. The name and residence or business address of each member of the   governing board; and
4. The name, title, and residence or business address of the chairperson, president, or other presiding officer, and clerk or secretary of the governing board.

Potential claimants can use the Registry to find names and addresses for filing a claim with a district under the Government Claims Act.  The timely filing of a governmental claim is a precondition to filing a lawsuit against a district.

The consequences of failing to maintain the accuracy of this factual information can be significant.  Claimants may be allowed to file lawsuits without first filing timely governmental claims with the district if the basic facts listed above are significantly inaccurate or incomplete.

Government Code section 53051 requires every community college district to file a specified statement of facts about the district with the California Secretary of State[1] and with the county clerk for each county in which the district maintains an office after it comes into existence and to periodically amend that statement.

Government Code section 53051(b) requires districts to file an amended statement of facts within 10 days after a change in any of these basic facts.  Some districts may be welcoming new members to their boards as a result of recent elections and will have new appointments of board members (see fact #3 above). Organizational meetings may result in a change in the presiding officer (see fact #4 above).  If there are changes in the facts listed above, it is important that you file an updated Registry form with the Secretary of State and with the county clerk for each county where the district maintains an office.  Failure to do so could relieve a claimant of the duty to comply with the Government Claims Act and increase your district’s exposure to lawsuits.

Districts should use their full legal name when filing and not an abbreviated acronym.

To be certain your district information is properly filed in the Registry, we advise either using U.S. certified mail, return receipt requested, or obtaining a certified copy of the filed document following the instructions that begin on page two of the Registry form.

Attached is a copy of Government Code section 53051 and a Registry form for filing with the Secretary of State.  Contact your local county clerk’s office for instructions on how to file the statement of facts at the county level.

 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.

 © 2022 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] A copy of this form can be found at https://bpd.cdn.sos.ca.gov/sf/forms/sf-405.pdf, or by filling out the attached PDF.