Legal Updates

Legal Update Memo No. 28-2021 – CDPH Toughens Stance on K-12 Mask Mandates; and Masking FAQs (K-12)

On August 23, 2021, the California Department of Public Health (“CDPH”) issued its “Requirement for Universal Masking Indoors at K-12 Schools.” The CDPH states: “To be clear: failure to enforce the mask requirement breaches not only a legal duty, but also the first and foremost duty of every school leader—to protect students.”

Legal Update Memo No. 27-2021 – AB 130 Independent Study 30 Days to Sign Agreement (K-12)

Our office has received questions regarding the 30-calendar day allowance for a Local Educational Agency (“LEA”) to obtain a signed written agreement for a student to participate in Independent Study (“IS”) during the 2021-2022 school year. As discussed in more detail below, for the 2021-2022 school year only, LEAs have 30 calendar days from the date of the student’s first day of participation in IS to obtain all required signatures on the IS agreement. This means in the case of a student who starts participating in IS on, for example, October 1, 2021, the LEA will have until October 31, 2021, to obtain the required signatures on the IS agreement. So, while LEAs have a duty to comply with all instructional requirements for IS as soon as the student begins participating in IS, the LEA has 30 calendar days to obtain all required signatures on the IS agreement.

Legal Update Memo No. 26-2021 – Consent for Students for COVID-19 Testing (K-12)

Our office has received various questions on who can provide consent for a student to be tested for COVID-19. As described in more detail below, consent can be provided by:
1. A student’s parent (or other adult legally responsible for the student) for a student under the age of eighteen; or
2. A student who is at least thirteen years of age.

Legal Update Memo No. 25-2021 – CDPH Orders School Employee Vaccination Verification (K-12)

On August 11, 2021, California Department of Public Health (“CDPH”) issued a State Public Health Officer Order (“Order”) for all public and private K-12 schools to verify whether their workers are vaccinated. This Order applies to all public and private schools serving students in transitional kindergarten through grade 12, but does not apply to home schools, child care, or higher education. The Order goes into effect on August 12, and all schools must be in full compliance by October 15. Employees who are not fully vaccinated must be tested at least once a week.

Legal Update Memo No. 14-2021(CC) – PERB Rules on Mandatory Vaccination for Employees (CCD)

On July 26, 2021, the Public Employment Relations Board (“PERB”) issued its decision in AFSCME v. Regents of the University of California, PERB Decision No. 2783.

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