Legal Updates

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

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.

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

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.

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

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%.

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)

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.

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

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.

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