AB 1522 – Employee Paid Sick Leave ADDENUM to Memo No. 16-2014 (CCD)

On September 25, 2014, we issued Legal Update No. 16-2014(CC) entitled: AB 1522 – Employee Paid Sick Leave. In response to this Legal Update, we have received the following questions from educational agencies concerning these new sick leave requirements:

ADA – No Violation for Bleachers Built Pre-ADA (K-12)

On July 25, 2014, the United States Court of Appeals, Ninth Circuit, issued a unanimous decision in Daubert v. Lindsay Unified School District which held that the school district was not required to structurally alter its high school football field bleachers where the seating was built prior to the enactment of the Americans with Disabilities Act (“ADA”) and other accessible seating was available to individuals who used wheelchairs.

Supreme Court to Review San Jose Decision that Private E-mail and Other Electronic Communications are not Subject to the Public Records Act Addendum to Memo No. 07-2014 (CC)

This is an addendum to our June 11, 2014 Legal Update regarding the court of appeal’s March decision in City of San Jose v. Superior Court (Smith). The court had held that communications sent using private cell phones or on private e-mail accounts, even if they involved public business, were not public records that had to be disclosed in response to a Public Records Act request.

Collective Bargaining – Notice to Representative (CCD)

Pursuant to Assembly Bill (“AB”) 1611, effective January 1, 2015, public school employers must provide reasonable written notice to the employees’ exclusive representative when the employers intend to change any matter within the scope of representation. The purpose of the notice is to provide the exclusive representative with a reasonable amount of time to negotiate the proposed changes.

Clery Act Compliance (CC)

Recent news reports highlight how important it is for colleges to address sexual assault allegations appropriately and to comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) and Title IX of the Education Amendments of 1972 (“Title IX”). Our office issued Legal Update 06-2014 on May 30, 2014 related to sexual violence and which confirmed the interplay between Title IX obligations regarding sexual violence at colleges and Clery Act compliance.

Categorical Employee Agreements (CCD)

Education Code section 87470 provides that a community college district may employ academic employees in “[1] programs and projects to perform services conducted under contract with public or private agencies, or [2] other categorically funded projects of indeterminate duration under terms and conditions mutually agreed upon by the employee and the governing board.” Section 87470 specifically requires that the terms and conditions of categorical employment be “mutually agreed upon” and “reduced to writing.”

Collective Bargaining – Notice to Representative (K-12)

Pursuant to Assembly Bill (“AB”) 1611, effective January 1, 2015, public school employers must provide reasonable written notice to the employees’ exclusive representative when the employers intend to change any matter within the scope of representation. The purpose of the notice is to provide the exclusive representative with a reasonable amount of time to negotiate the proposed changes.

Clery Act Compliance (CC)

Recent news reports highlight how important it is for colleges to address sexual assault allegations appropriately and to comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) and Title IX of the Education Amendments of 1972 (“Title IX”). Our office issued Legal Update 06-2014 on May 30, 2014 related to sexual violence and which confirmed the interplay between Title IX obligations regarding sexual violence at colleges and Clery Act compliance.

Categorical Employee Agreements Should Be in Writing and Signed By The Employee to Document Mutual Agreement (K-12)

Education Code sections 1294.5 and 44909 provide that a county superintendent of schools and school district, respectively, may employ certificated employees in “[1] programs and projects to perform services conducted under contract with public or private agencies, or [2] categorically funded projects which are not required by federal or state statutes” and specifically require that the terms and conditions of categorical employment be “mutually agreed upon” and “reduced to writing.”

New Requirements Regarding the Provision and Stocking of Epinephrine Auto-Injectors at Schools (K-12)

Effective January 1, 2015, school districts, county offices of education and charter schools will be required to provide emergency epinephrine auto-injectors to school nurses and trained personnel who have volunteered and would authorize school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. Senate Bill 1266, which amended California Business and Professions Code section 4119.2 and California Education Code section 49414, was signed into law by Governor Jerry Brown on September 15, 2014.