Legal Updates

Legal Update Memo No. 30-2022 – Annual Development Fee Accounting (EES) (K-12)

Reminder: Development Fee Accounting requirements must be met within 180 days after the last day of each fiscal year. This year, 180 days after the last day of the fiscal year falls on Tuesday, December 27, 2022. As a result, we recommend that Development Fee Accounting disclosure requirements be completed prior to any December holiday office closures. The following information and documents are provided to assist school districts maintain statutory compliance.

Legal Update Memo No. 29-2022 – SB 906 – Safe Storage of Firearms Notice (LMS) (K-12)

On July 21, 2022, Governor Newsom approved Senate Bill (“SB”) 906, which creates new obligations for Local Educational Agencies (“LEAs”) aimed at preventing firearm-related incidents at schools and addressing threats made by pupils in middle schools and high schools. The bill includes two separate requirements for LEAs.

Legal Update Memo No. 19-2022(CC) – Updated Brown Act Virtual Meeting Requirements (AB 2449) (CC)

Assembly Bill (“AB”) 2449, signed into law on September 13, 2022, amends 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 is that the teleconference location does not have to be identified on the agenda or accessible to the public.

Legal Update Memo No. 28-2022 – Updated Brown Act Virtual Meeting Requirements (AB 2449) (K-12)

Assembly Bill (“AB”) 2449, signed into law on September 13, 2022, amends 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 is that the teleconference location does not have to be identified on the agenda or accessible to the public.

Legal Update Memo No. 27-2022 – SB 1016 – Special Education: Eligibility: Fetal Alcohol Spectrum Disorder (K-12)

On September 27, 2022, Governor Newsom approved Senate Bill 1016, which requires the State Board of Education include “fetal alcohol spectrum disorder” in the definition of “other health impairment” located in 5 C.C.R. § 3030 (“Section 3030”).

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