Public Agency Employer Responses to Southern California Wildfires: Facilities and Business/Labor and Employment Implications
January 2025
Number 2a
Background
In recent years, California has experienced the most catastrophic wildfires in its history. These wildfires have impacted and continue to impact thousands of Californians, including our public schools, students, staff, and communities.
At approximately 10:30 A.M. on Tuesday, January 7, 2025, a wildfire began in Los Angeles County, around Pacific Palisades. As of 10:30 A.M. on Friday, January 10, 2025, the California Department of Forestry and Fire Protection (“CDFFP”) confirmed a total of 98 wildfires, which destroyed a total 35,999 acres of homes, businesses, and communities in Los Angeles County and resulted in five fatalities. CDFFP continues to provide updates and important information on its website: www.fire.ca.gov
The following is general guidance from a facilities and business / labor and employment perspective as public schools and public agency employers take additional steps to maintain a safe work environment, including potentially closing facilities. Public agencies are encouraged to monitor and review updates and guidance provided by Local Public Health Departments and the California Department of Education (“CDE”) on Wildfire Recovery: www.cde.ca.gov/ls/ep/wildfirerecoveryfaqs.asp
Ensuring a Safe Work Environment
As a reminder, employers are required to provide and maintain a safe work environment. According to the CDE, if a school is located in a burn zone or an evacuation area, when the school reopens and if outdoor air is considered satisfactory, and air pollution poses little or no risk, then all school facilities, classrooms, and offices should be ventilated for at least a 24-hour period.
Further, heating, ventilation, and air conditioning (“HVAC”) system filters should be replaced as soon as possible, and, if necessary, replaced frequently thereafter to remove additional ash and odorous particle build-up.
The CDE further recommends that schools take the following measures:
Finally, the CDE advises that, in no instance should ozone-generating devices be used to “deodorize” classrooms because the ozone can react with chemicals in the air and on indoor surfaces to create formaldehyde, ultrafine particles, and other harmful substances.
School Closure and the Availability of J-13A Waiver for ADA Loss
For public agencies whose employees are represented by a collective bargaining unit, the decision to close a school or facility due to a wildfire is generally not negotiable. However, the impacts and effects of such closures are negotiable to the extent that decision impacts matters within the scope of representation, such as work hours. In addition, whether employees will be paid during any work-site closure is negotiable.
It is recommended that employers notify their labor unions of any possible school or facility closures to help impacted employees prepare and respond to such changes. School closures may also require negotiating additional workdays beyond the regular work year. Payroll and business offices should be prepared for potential increases in unemployment insurance claims if facilities are closed or employee hours are reduced.
Charter schools, public school districts, including basic aid districts, and county offices of education should also be aware of the availability to request a penalty waiver (J-13A waiver) from the CDE, in the event instructional minutes fall below Education Code minimums. According to the CDE, approved waivers will provide charter schools, school districts, and county offices of education with the authority to add apportionment days to their reported ADA, thereby alleviating what would otherwise be a loss in LCFF funding.
Additional information on the J-13A waiver, along with submission documents, can be found on the CDE’s website: www.cde.ca.gov/fg/it/j13a.asp.
Resources of Rebuilding
School districts that have a critical need for pupil housing because the condition of the facilities or the lack of facilities presents an imminent threat to the health and safety of the pupils are eligible for certain Facility Hardship funding opportunities. Under the existing School Facilities Program regulations, applications for Facility Hardship receive first priority for processing and presentation to the State Allocation Board for funding consideration. The State Allocation Board provided direction at its meeting in December to ensure those applications could be processed while impacted school districts work towards fulfilling new requirements of the Statewide bond, Proposition 2, passed by the voters in November.
Related information from the Office of Public Construction can be found here:
Additional Related Resources
For more information on issues arising from the wildfires, school closures, or the J-13A waiver process, please contact one of our eight offices located statewide.
As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this Client News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
To stay up to date on the latest news updates, subscribe to our podcasts, follow us on Facebook, X (formerly Twitter), and LinkedIn, or download our mobile app.
Number 2a
Background
In recent years, California has experienced the most catastrophic wildfires in its history. These wildfires have impacted and continue to impact thousands of Californians, including our public schools, students, staff, and communities.
At approximately 10:30 A.M. on Tuesday, January 7, 2025, a wildfire began in Los Angeles County, around Pacific Palisades. As of 10:30 A.M. on Friday, January 10, 2025, the California Department of Forestry and Fire Protection (“CDFFP”) confirmed a total of 98 wildfires, which destroyed a total 35,999 acres of homes, businesses, and communities in Los Angeles County and resulted in five fatalities. CDFFP continues to provide updates and important information on its website: www.fire.ca.gov
The following is general guidance from a facilities and business / labor and employment perspective as public schools and public agency employers take additional steps to maintain a safe work environment, including potentially closing facilities. Public agencies are encouraged to monitor and review updates and guidance provided by Local Public Health Departments and the California Department of Education (“CDE”) on Wildfire Recovery: www.cde.ca.gov/ls/ep/wildfirerecoveryfaqs.asp
Ensuring a Safe Work Environment
As a reminder, employers are required to provide and maintain a safe work environment. According to the CDE, if a school is located in a burn zone or an evacuation area, when the school reopens and if outdoor air is considered satisfactory, and air pollution poses little or no risk, then all school facilities, classrooms, and offices should be ventilated for at least a 24-hour period.
Further, heating, ventilation, and air conditioning (“HVAC”) system filters should be replaced as soon as possible, and, if necessary, replaced frequently thereafter to remove additional ash and odorous particle build-up.
The CDE further recommends that schools take the following measures:
- Gently sweep ash and other particles;
- Install high efficiency particulate air (“HEPA”) filters on all vacuums;
- Clean hard surfaces, such as hard floors, desks, and bookcases with a wet cloth or towel; and
- Thoroughly clean objects that the students use, such as toys, athletic equipment, and drinking fountains that may have been exposed to settled ash or dust.
Finally, the CDE advises that, in no instance should ozone-generating devices be used to “deodorize” classrooms because the ozone can react with chemicals in the air and on indoor surfaces to create formaldehyde, ultrafine particles, and other harmful substances.
School Closure and the Availability of J-13A Waiver for ADA Loss
For public agencies whose employees are represented by a collective bargaining unit, the decision to close a school or facility due to a wildfire is generally not negotiable. However, the impacts and effects of such closures are negotiable to the extent that decision impacts matters within the scope of representation, such as work hours. In addition, whether employees will be paid during any work-site closure is negotiable.
It is recommended that employers notify their labor unions of any possible school or facility closures to help impacted employees prepare and respond to such changes. School closures may also require negotiating additional workdays beyond the regular work year. Payroll and business offices should be prepared for potential increases in unemployment insurance claims if facilities are closed or employee hours are reduced.
Charter schools, public school districts, including basic aid districts, and county offices of education should also be aware of the availability to request a penalty waiver (J-13A waiver) from the CDE, in the event instructional minutes fall below Education Code minimums. According to the CDE, approved waivers will provide charter schools, school districts, and county offices of education with the authority to add apportionment days to their reported ADA, thereby alleviating what would otherwise be a loss in LCFF funding.
Additional information on the J-13A waiver, along with submission documents, can be found on the CDE’s website: www.cde.ca.gov/fg/it/j13a.asp.
Resources of Rebuilding
School districts that have a critical need for pupil housing because the condition of the facilities or the lack of facilities presents an imminent threat to the health and safety of the pupils are eligible for certain Facility Hardship funding opportunities. Under the existing School Facilities Program regulations, applications for Facility Hardship receive first priority for processing and presentation to the State Allocation Board for funding consideration. The State Allocation Board provided direction at its meeting in December to ensure those applications could be processed while impacted school districts work towards fulfilling new requirements of the Statewide bond, Proposition 2, passed by the voters in November.
Related information from the Office of Public Construction can be found here:
Additional Related Resources
- Wildfire Preparedness and Recovery
- Wildfires - School Disaster and Emergency Management (CA Dept of Education)
- School Closure Considerations - School Disaster and Emergency Management (CA Dept of Education)
- Public Safety Power Shutoff FAQs - School Disaster and Emergency Management (CA Dept of Education)
- Air Quality - School Disaster and Emergency Management (CA Dept of Education)
- School Disaster and Emergency Management - Learning Support (CA Dept of Education)
- Frequently Asked Questions - Form J-13A - Instructional Time and Attendance Accounting (CA Dept of Education)
For more information on issues arising from the wildfires, school closures, or the J-13A waiver process, please contact one of our eight offices located statewide.
As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this Client News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
To stay up to date on the latest news updates, subscribe to our podcasts, follow us on Facebook, X (formerly Twitter), and LinkedIn, or download our mobile app.
As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
