School districts' bid threshold for purchases of equipment, materials, supplies and services (except construction services) has been adjusted to $90,200, effective January 1, 2018. This represents an increase of 2.20 percent over the 2017 bid limit. The notice may be viewed here.
Under Public Contract Code section 20111(a), school districts must competitively bid contracts over the bid limit and award to the lowest responsible bidder, unless an exception applies...
July 1, 2017 is the deadline for California educational agencies to post information on their websites about students' rights under Title IX. The new posting requirements of Senate Bill (SB) 1375 can be found in Education Code section 221.61 and are in addition to the website posting requirements related to competitive athletics found in section 221.9. (See 2016 Client News Brief No. 36.) Both sets of requirements are part of California's Sex Equity inEducation Act.
The 2015-16 school year marks the first time that public elementary and secondary schools that offer "competitive athletics" must post data about the gender makeup of their teams and their student participation. Charter schools must also comply.
By June 30 of each school year starting in 2016, each school must make the following information available on its website:
1) The total enrollment of the school, classified by gender;
2) The number of pupils enrolled at th...
The Department of Industrial Relations (DIR) recently announced that it has temporarily suspended enforcement of its requirement that contractors submit their certified payroll records (CPR) electronically. This electronic system ("eCPR" system) was intended to take the place of contractors submitting paper copies of their records, but the eCPR system is not working as expected. Even though the DIR has suspended the eCPR system for the time being, contractors are stil...
April 1 is the deadline for those holding "designated positions" under their agency's Conflict of Interest Code (Code filers), as well as so-called "Section 87200 filers," to file the annual Statement of Economic Interests (Form 700). Section 87200 filers include mayors, city council members, city managers, city attorneys, city treasurers, members of planning commissions, members of the board of supervisors, district attorneys, county counsels, county treasurers, coun...
In July 2015, the Court in Morgan Hill Concerned Parents Ass'n v. Cal. Dep't of Educ. (E.D. Cal. January 26, 2016) Case No. 2:11-cv-3471, 2016 U.S. Dist. LEXIS 8952, issued an order that would require the California Department of Education (CDE) to release student data in its possession of as many as 10 million current and past public school students. This data would include sensitive information such as social security numbers. The Court also opened the door to objec...
The California Department of Education ("CDE") recently sent an alert to school districts, charter schools and special education local plan areas ("SELPA") describing a pending court action and requesting that certain information be posted on their websites. The court action involves student records and the posting is intended to notify families of relevant Family Educational Rights and Privacy Act ("FERPA") provisions. In addition to posting the specific information and link r...
According to the California Department of Education Office of Financial Accountability and Information Services, the bid threshold, pursuant to Public Contract Code section 20111(a), for K-12 districts' purchases of equipment, materials, supplies and services (except construction services) has been adjusted to $87,800, effective January 1, 2016. This represents an increase of 2.12% over the 2015 bid limit.
It is expected that in the near future the California Co...
Recent legislation imposes new requirements before school districts can assign high school students to certain courses. Beginning with the 2016-2017 school year, school districts may not assign students in grades 9-12 to "course periods without educational content" without written parent consent and related documentation. Similar requirements apply before a school district may assign students in grades 9-12 to take certain courses for the second time.
According to the California Department of Education Office of Financial Accountability and Information Services, the bid threshold, pursuant to Public Contract Code section 20111(a), for K-12 districts' purchases of equipment, materials, supplies and services (except construction services) has been adjusted to $86,000, effective January 1, 2015. This represents an increase of 2.26% over the 2014 bid limit.
It is expected that in the near future the California Co...
Based on unofficial results from yesterday's election, Proposition 2 is expected to pass with nearly 70% of the vote. Among other things, this proposition will establish a new statewide budget reserve for K-12 schools and community colleges. Due to legislation signed by the Governor last summer, the passage of Proposition 2 will also result in the imposition of a cap on local K-12 school district budget reserves.
As we reported previously (See Client News Brief ...
New laws and regulations effective July 1, 2014 will impact the operations of school districts and other public agencies. These changes include new regulations for recovering costs of the use of school district facilities under the Civic Center Act, and new requirements for bidders on all public works projects.
Recovering Direct Costs for Use of Facilities
The California Department of Education has recently approved the long-awaited regulations that will provide ...
Governor Brown has now signed the State Budget, including the Education Budget Trailer Bill (SB 858). While the impact on school district budgets and reserve funds has been the subject of much discussion and controversy, the following is a summary of the two separate provisions of SB 858 directed at district reserve funds and a brief outline of the requirements of each.
First, the bill amends Education Code section 42127 to provide that, beginning in 2015-16, if the...
April 1 is the deadline for those holding "designated positions" under their agency's Conflict of Interest Code (Code filers), as well as so-called "Section 87200 filers," to file the annual Statement of Economic Interests. (Form 700) Section 87200 filers include mayors, city council members, city managers, city attorneys, city treasurers, members of planning commissions, members of the board of supervisors, district attorneys, county counsels, county treasurers, coun...
According to the California Department of Education Office of Financial Accountability and Information Services, the bid threshold, pursuant to Public Contract Code section 20111(a), for K-12 districts' purchases of equipment, materials, supplies and services (except construction services) has been adjusted to $84,100, effective January 1, 2014. This represents an increase of 0.858% over the 2013 bid limit.
It is expected that in the near future the California ...
On September 23, 2013, Governor Brown signed into law Assembly Bill (AB) 216, which amends the Education Code regarding high school graduation requirements for students in foster care and adds new notice requirements for school districts. This bill was urgency legislation and took effect immediately.
Previously, the Education Code provided that an eleventh or twelfth grade foster student who transferred schools was exempt from having to complete local graduation ...
The California Department of Education recently released proposed regulations which would provide guidance in calculating the direct costs that school districts may recover for use of their facilities under the Civic Center Act. The new regulations were proposed in accordance with last year's Senate Bill (SB) 1404, which amended the Civic Center Act to expand the types of direct costs that school districts may charge for use of school facilities or grounds. (See Cli...
As the end of school summer break approaches and school districts finalize plans for the 2013-2014 school year, now is a good time to review some important general rules relating to student fees. School districts around the state are well aware that Education Code section 49010 et seq. now provides a detailed set of parameters regarding student fees, charges, deposits, donations and fundraising. As such, school districts should keep the following general rules in min...
Significant Changes for Construction Management
Beginning June 1, 2013, the Division of State Architects (DSA) will require new procedures and a new series of forms related to the inspection of school district and community college construction projects. Currently, contractors can start work on the second phase of a project before the first phase has been inspected and approved. After June 1, the DSA will require inspection and approval of the contractor's work on one ...
According to the California Department of Education Office of Financial Accountability and Information Services, the bid threshold, pursuant to Public Contract Code section 20111(a), for K-12 districts' purchases of equipment, materials, supplies and services (except construction services) has been adjusted to $83,400, effective January 1, 2013. This represents an increase of 2.99% over the 2012 bid limit.
It is expected that in the near future the California Community Col...
Election season 2012 is in full swing as campaigns gear up for November elections. Campaign activity often raises issues for cities, school districts and other public agencies related to the proper use of public facilities, equipment, and staff time. Several laws prohibit use of public resources to urge the support or defeat of a candidate for elected office or a ballot measure. (Gov. Code § 8314; Ed. Code § 7054.) At the same time, it is important to respe...
Numerous changes to the California Civil Code on July 1, 2012, will affect the stop notice provisions, which allow a subcontractor to force a public agency owner to withhold funds from the general contractor when the subcontractor has not been paid. The following is a summary of the more significant changes to these procedures.
Stop Payment Notices - As of July 1, "stop notices" will be referred to as "stop payment notices." This change more accurately reflects the ...
Governor Brown recently signed into law Senate Bill (SB) 293, which contains numerous changes to the law on public works construction contracts, including a requirement that the public entity withhold no more than 5% of the contract price as retention.
The Public Contract Code permits public entities to retain a percentage of the contract price from progress payments to a general contractor. Such "retention" is normally held by the public entity to cover, if nece...
The Governor recently signed Assembly Bill (AB) 25 which adds two new requirements for student athletes related to concussions and head injuries. The bill adds section 49475 to the Education Code and is effective January 1, 2012.
This new law requires that each year, schools issue a concussion and head injury information sheet for athletes and their parents or guardians to sign and return before the athlete begins practice or competition. This requirement is not li...
Governor Brown recently signed Assembly Bill (AB) 189, which increases the public hearing requirements before a school district or county office of education may use specified categorical funding for any educational purpose. In addition, AB 189 allows a local educational agency to charge a fee for adult school English and citizenship classes until July 1, 2015.
The 2009-2010 state budget included a provision that gave school districts and county offices of educat...
Over the weekend, Governor Brown vetoed two bills relating to K-12 students. Assembly Bill (AB) 47 would have modified the law under the Open Enrollment Act, which controls the right to student transfers under specific conditions. AB 165 would have provided some clarity regarding permissible student fees, charges, donations and fundraising as well as established a number of procedures and standards in this area.
Veto of AB 47
AB 47 sought to cure a number of c...
On September 30, 2011, Governor Brown signed into law Assembly Bill 436 (AB 436), which was enacted to address certain concerns about the labor compliance monitoring program established last year by the Department of Industrial Relations (DIR). As a result of this new bill, school districts, community college districts and other public agencies undertaking construction projects using state bond proceeds will again be subject to new labor compliance requirements, whi...
As we first reported in March 2010, California has adopted the nation's first mandatory green building code, also known as "CalGreen", which became effective January 1, 2011. (Cal. Code Regs., tit. 24, Part 11.) CalGreen applies to all new construction (but not modernizations), and contains measures applicable to K-12 schools and community colleges, which will be enforced by the Division of the State Architect ("DSA"). In 2011, some portions of CalGreen for new s...
New Laws Address Many Phases Of Construction And Modernization Projects...