Legislation/JLAC

  • Governor's Regional Stay-at-Home Order

    On December 3, 2020, Governor Newsom issued a Regional Stay-at-Home Order, which goes into effect on December 5, 2020. This Order modified
    previous orders addressing the COVID-19 pandemic, including specifically the Governor’s November 19, 2020 limited Stay-at-Home Order, which established
    a state-wide curfew between 10 p.m. and 5 a.m.  Please refer to the attached Legal Update for more information.

    Employer Notice Obligations Related to COVID-19 Exposure and Outbreaks (AB 685) - Addendum

    Per SCLS November 5, 2020 - Please refer to the attached Addendum to the Employer Notice Obligations Related to COVID-19 Exposure and Outbreaks (AB 685) memo that was referenced in the October 2020 Superintendents' Report.  The addendum is attached here.  California AB 685 is attached here.

    Employer Notice Obligations Related to COVID-19 Exposure and Outbreaks (AB 685) - REVISED

    Per SCLS December 4, 2020 - Except as noted below, effective January 1, 2021, Labor Code section 6409.6 requires employers to notify certain employees, their exclusive representatives, and employers of contracted employees, within one business day, after the employer receives a “notice of potential exposure” to COVID-19. Section 6409.6 also requires notice to the local public health agency, within 48 hours, after learning of a “COVID-19 outbreak” at a worksite.  Please refer to the attached Legal Update for more information.  To view AB 685, click here.

    Annual Development Fee Accounting with Attachments

    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 Sunday, December 27, 2020. As a result, School & College Legal Services of California recommends that Development Fee Accounting disclosure requirements be completed prior to any December holiday office closures. The attached information and documents are provided to assist school districts maintain statutory compliance.

    Public Health Issues Out of State Travel Advisory and FFCRA Implications

    On November 13, 2020, the California Department of Public Health issued a travel advisory recommending restrictions for those who engaged in non-essential travel, defined as travel that is considered tourism or recreational in nature.  Please see the attached Legal Update from School & College Legal Services of California for more information.

    LEA of Residence Has a Duty to Assess and Provide an Offer of FAPE

    The Ninth Circuit Court of Appeals issued an unpublished decision on October 26, 2020, confirming the duty of a Local Educational Agency (LEA) of residence under the Individuals with Disabilities Education Act (IDEA), to assess and provide a formal written offer of placement for a special education student even if the student is not enrolled in the LEA.  Please refer to the attached Legal Update for more information.

    Reminder: January 1, 2021 Deadline for Sexual Harassment Prevention Training

    School and College Legal Services of California (SCLS) is issuing the attached Legal Update as a gentle reminder to Local Education Agencies (“LEAs”) of their obligation to ensure that all staff receive sexual harassment and abusive conduct prevention training.
    SCLS has previously shared with LEAs, all private employers with at least five (5) employees and all public employers are required to ensure that all employees receive training in sexual harassment and abusive conduct prevention. The training must include at least two hours of effective interactive training for supervisors and at least one hour of effective interactive training for non-supervisors. SB 778 (enacted in 2019) extended the deadline to complete this training to January 1, 2021.