The attached letter from the California Department of Education (link to letter in title above), sites that as of July 1, 2018, all California public schools must provide protections for students, regardless of immigration status, and extend specific support to immigrant students and their families. New California law, AB 699, requires schools to adopt supportive practices in response to heightened immigration enforcement, including updated staff training, curriculum development, and the following:
- Implement measures to prevent students from being discriminated against or bullied based on their immigration status
- Ensure schools are teaching students about the harm of bullying students based on immigration status
- Refrain from the unnecessary collection of immigration status information from students or families
- Report police enforcement of immigration laws to school boards
- Ensure schools are following a family's designated emergency plan
- Inform parents about their children's right to a free public education and about policies to resist assistance with immigration enforcement at schools
Capitol Advisors has published the following briefs that cover legislation signed into law affecting the following areas:
- Student Services
Following is an article from School Services of California regarding the most recent information on Senate Bill 1343 signed by Governor Brown requiring Sexual Harassment Prevention Training for ALL employees every two years starting January 1, 2020.
"Perhaps influenced by the high profile and multitude of sexual harassment claims in California, Governor Jerry Brown signed into law Senate Bill (SB) 1343 (Chapter 956/2018) on September 30, 2018. The new law will require businesses with five or more employees to provide sexual harassment prevention training to all workers by January 1, 2020, and every two years thereafter. Current law requires businesses with 50 or more employees to provide sexual harassment training every two years to supervisory employees only. The new law also directs the California Department of Fair Employment and Housing to prepare training materials that comply with the new requirements.
Sexual harassment claims are on the rise nationwide. Of the 66 lawsuits filed by the Equal Employment Opportunity Commission (EEOC) against businesses thus far in 2018, 41 are for alleged sexual harassment. This is a 50% increase over 2017 suits filed. The EEOC provides data and information regarding harassment claims and preventative resources like the “Promising Practices for Preventing Harassment” guide to give employers resources for information and training. Click here to view a copy of the guide.
Governor Brown also signed SB 820 (Chapter 953/2018) on September 30, 2018, which will prohibit broad confidentiality provisions in sexual harassment settlement agreements. The law will apply to agreements that are entered into on or after January 1, 2019. Employers should note that SB 820 covers more than just sexual harassment-related nondisclosure agreements. The new law applies to any workplace discrimination claims based on sex."
Governor Brown signed SB 846, made effective on September 14, 2018, to protect public employers, employee organizations and employees from lawsuits related to "fair share" fees collected prior to the Janus ruling.
AB 2009 - Districts Offering Interscholastic Athletic Programs to Acquire Automatic External Defibrillators
AB 2009 was signed by Governor Brown in Septmeber 2018. It requires school districts that offer any interscholastic athletic program to acquire at least one Automatic External Defibrillator ("AED"), also known as an Automated External Defibrillator. This new law adds statutes 35179.4 and 35719.6 to the California Education Code. Both statutes require the affected districts to take certain steps, and encourage other actions by those districts, and also reiterate that districts can get immunity from lawsuits for AED use by complying with pre-existing statutes.