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Bid Thresholds Raised For 2022

According to the California Department of Education Office of Financial Accountability and Information Services, pursuant to Public Contract Code section 20111(a), the bid threshold for K-12 school districts’ purchases of equipment, materials, supplies and services (except construction services) has been adjusted to $99,100, effective January 1, 2022.

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Appellate Court Clarifies What School Districts May Charge Charter Schools for Facilities

The California Court of Appeal has held that school districts must exclude maintenance and operations costs from their calculations when determining the pro rata fees of a charter school that pays for its own maintenance and operations.

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Deadline Approaching to Begin Process to Repatriate Collections of Native American Remains and Cultural Items

Assembly Bill (AB) 275 was passed and signed by Governor Newsom on September 25, 2020.

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New Legislation Will Impact Student Health

Three new bills signed by Governor Newsom impact student health including requiring the development of type 1 diabetes information to be made available to parents or guardians, making menstrual products more accessible in public school restrooms, and informing students on the best practices for returning to exercise and physical activity after displaying symptoms of or testing positive for COVID-1

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Federal Procurement Requirements Apply When Using ESSER Funds for Construction Projects

As of March 2021, the federal government has authorized three rounds of COVID relief grant funding through the Elementary and Secondary School Emergency Relief (ESSER) Fund (i.e., ESSER I, enacted on March 27, 2020; ESSER II, enacted on December 27, 2020; and ESSER III, enacted on March 11, 2021).

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California Supreme Court Rejects Expansion of the Prevailing Wages Requirement

On August 16, 2021, the California Supreme Court rejected arguments in two cases that sought to expand the definition of “public works” under the prevailing wage statutory scheme, which was designed to enforce minimum wages on construction or maintenance projects paid with public funds.

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AB 130 Significantly Impacts Charter Schools: Charter Term and Nonclassroom-based Moratorium Extensions Headline Key Updates

Governor Gavin Newsom has signed into law the 2021-2022 Education Omnibus Budget Trailer Bill, Assembly Bill (AB) 130 (Trailer Bill), imposing critical changes impacting charter schools and their authorizers. Notably, the Trailer Bill automatically extends the term of most charter petitions by two years.

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Office of Public School Construction Addresses Prohibition of Piggyback Contracting for Permanent Modular Buildings

On July 7, 2021, the Office of Public School Construction (OPSC) issued a mass email to all California school districts and county offices of education reiterating that the Public Contract Code (PCC) does not allow a school district "to acquire factory-built modular building components via piggyback contracting."

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New Grant Funding for HVAC and Plumbing Improvements to K-12 Schools

Signed by Gavin Newsom in September 2020, Assembly Bill 841 (AB 841) created the “School Energy Efficiency Stimulus Program” (the SEES Program) which, in turn, created two new grant programs intended to fund specific air quality, ventilation, energy efficiency, plumbing, and water efficiency improvements.

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