Legal Updates

Legal Update Memo No. 31-2020 – Summer Layoffs of Certificated and Administrative Employees (K-12)

The budget outlook for next year is not good. According to a letter issued by the Department of Finance on May 7, 2020, state revenue losses are projected at $9.7 billion in the current 2019-2020 school year with an additional $32.2 billion in the next 2020-2021 school year. Those of us who have been working within California’s public schools for over a decade may recall a need during the Great Recession to implement summer layoffs of certificated employees as authorized by Education Code § 44955.5. With predictions of an 18.3 billion dollar drop in Proposition 98 funding for this year and next year, and with this years’ May Revision to the budget scheduled to be submitted by May 14, 2020, it may be time to consider whether your local educational agency (“LEA”) needs to – and is authorized to – make such cuts.

Legal Update Memo No. 17-2020 – Sonoma County Relaxes Construction Restrictions in New Shelter in Place Order (CCD)

Sonoma County’s Public Health Officer (“County”) revised the Shelter in Place Order, effective as of May 4, 2020, until it is rescinded or revised (“Order”). While much remains unchanged from the previous orders, the County reduced construction and landscaping restrictions. The County added to the list of Essential Businesses allowed to operate “business provided construction services,” which means construction work on the exterior of any structure, and construction work on the interior of any unoccupied structure. Interior work may be performed on a new or existing structure that no person resides in, or accesses for the duration of the construction activity, except for the construction workers.

Legal Update Memo No. 30-2020 – Sonoma County Relaxes Construction Restrictions in New Shelter in Place Order (K-12)

Sonoma County’s Public Health Officer (“County”) revised the Shelter in Place Order, effective as of May 4, 2020, until it is rescinded or revised (“Order”). While much remains unchanged from the previous orders, the County reduced construction and landscaping restrictions. The County added to the list of Essential Businesses allowed to operate “business provided construction services,” which means construction work on the exterior of any structure, and construction work on the interior of any unoccupied structure. Interior work may be performed on a new or existing structure that no person resides in, or accesses for the duration of the construction activity, except for the construction workers.

Legal Update Memo No. 29-2020 – Governor Extends LCAP Deadline and Waives PE Requirements – Executive Order N-56-20 (K-12)

On Wednesday, April 22, 2020, Governor Newsom announced Executive Order N-56-20, which extends the deadline for a Local Education Agency (“LEA”) to adopt its Local Control and Accountability Plan (“LCAP”) for 2020-2021 and waives requirements for physical education, effective immediately.

Legal Update Memo No. 28-2020 – 2020-21 Annual Notice to Parents (K-12)

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 2020-21 school year.

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