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Preparing for the New Year: Student Laws for 2022

While COVID-19 dominated the focus of new rules and protocols during 2021, the California Legislature enacted several other new laws that school districts must be ready to put in place for 2022.

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REMINDER: The New Requirements for Postsecondary Institutions to Address Sexual Harassment of Students Become Effective January 1, 2022

On September 29, 2020, Governor Newsom signed Senate Bill (SB) 493, requiring postsecondary institutions to take certain actions and implement certain procedures related to sexual harassment prevention and handling complaints of sexual harassment.

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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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New Requirements for the Protection and Collection of Certain Student Records and Information

Senate Bill (SB) 24, signed into law on October 11, 2021, added section 6323.5 to the Family Code, which will allow courts, commencing January 1, 2023, to issue restraining orders prohibiting a party from accessing “records and information pertaining to the health care, education, daycare, recreational activities, or employment of a minor child of the parties.

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New Penalties for Failure to Provide Unions with Employee Contact Information

On September 27, 2021, Governor Newsom signed Senate Bill (SB) 270, which becomes effective July 1, 2022, and amends the Public Employee Communications Chapter (PECC), codified in Government Code section 3555, et seq. Specifically, SB 270 authorizes public employee unions to file unfair practice charges with the Public Employment Relations Board (PERB) against public employers that fail to comply

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No Vested Right to Retiree Benefits Where Plan Included Anti-Vesting Language

On October 28, 2021, the U.S. Ninth Circuit Court of Appeals issued an opinion in Harris v. County of Orange (9th Cir. October 28, 2021, No. 19-56387) __ F.3d __, reiterating the standard enunciated by the California Supreme Court...

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Ethnic Studies to Become a Required High School Course

On October 8, 2021, Governor Newsom signed into law Assembly Bill (AB) 101, which will require all local educational agencies (LEAs) including charter schools, serving high school students to provide a full-year course in ethnic studies to high school students by the 2025-26 school year.

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In a Case Involving Tragic Facts, Appellate Court Upholds School District and Employees' Immunity from Liability for Student Off-Campus, Unsupervised Injuries

A California Court of Appeal has held that a school district and its employees are not responsible for the safety of a student when the student is not on school property, unless the student is involved in activities undertaken or supervised by the school district.

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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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