Atkinson, Andelson, Loya, Ruud & Romo

Labor & Employment Blog | Legislation Impacting California Employee Handbook Policies for 2025 | 10.10.24   With the close of the California legislative season, there are a variety of employment law bills which will become law on January 1, 2025. Golden State employers should be aware that several of these new laws necessitate updates to employment policies and handbooks. Click here to read more: https://lnkd.in/gneWGKw3 #AALRR #2025 #EmployeeHandbook #LaborandEmployment

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ALERT | California Department of Education's New Guidance On Equitable Services For Parentally Placed Private Preschool Students With Disabilities | 10.10.2024   With the new school year in full swing, school districts should remain mindful of their ongoing obligations to preschool students placed by their parents in private schools. As a general rule, the Individuals with Disabilities Education Act (“IDEA”) requires responsible Local Educational Agencies (“LEAs”) to spend a proportionate amount of federal funding to provide equitable services to children with disabilities who have been voluntarily placed by their parents in private schools. These services are provided through an Individual Services Plan (“ISP”). Preschool students may or may not be entitled to such services, depending on the nature of the school in which they are enrolled. Click here to read more: https://lnkd.in/giQHwy8h #AALRR #IDEA #LEAs #ISP #Preschool

ALERT | AB 2561 Requires Public Agencies to Present Annual Update on Vacancies | 10.09.2024 On September 22, 2024, Governor Newsom signed Assembly Bill 2561 (“AB 2561”) into law to amend the Meyers-Milias-Brown Act (“MMBA”) and create a new obligation for public agencies to publicly address the status of their vacancies. As basis for the new requirements, the California Legislature determined that vacancies are a widespread and significant problem in the public sector. Vacancies require employees to take on heavier workloads, resulting in burnout and increased turnover, which negatively impacts the delivery of public service. Click here to read more: https://lnkd.in/d5fFSFrK #AALRR #AB2561 #PublicAgencies #Vacancies

ALERT | AB 2245 Amends Education Code Section 44910 to Grant Regional Occupational Center Program Teachers Pathway to Obtain Permanent Status | 10.09.2024   On September 29, 2024, Governor Newsom signed Assembly Bill (“AB”) 2245 into law, amending Education Code section 44910 to require school districts to grant service credit to regional occupational center or program (“ROCP”) teachers, if the ROCP is operated by a single school district. Click here to read more: https://lnkd.in/df4sZAdG #AALRR #ROCP #AB2245

ALERT | No Denial of FAPE When School District Refuses to Prepare New IEP For Privately Placed Student Despite Invalid Reason for Discontinuing the IEP Process | 10.08.2024   The Ninth Circuit Court of Appeals recently affirmed that a school district did not violate the Individuals with Disabilities Education Act (IDEA) when it refused to prepare a new Individualized Education Program (IEP) for a parentally-placed private school student despite erroneously notifying the student’s parent it refused to hold further IEP team meetings because the student was no longer enrolled in the district. Parent’s rejection of the school district’s offer of a free appropriate public education (FAPE), refusal to consent to evaluations, failure to request a new offer of FAPE, and actions that evidenced an intent to maintain the child’s private placement, relieved the district from responsibility to provide a FAPE to the student and reimburse the parent for the cost of the private placement. (J.B. v. Kyrene Elementary School District No. 28 (9th Cir., Aug. 20, 2024, No. 22-16816) 2024 WL 3869454.) Click here to read more: https://lnkd.in/gpWguu9R #AALRR #IEP #IDEA #FAPE #PrivateSchool

ALERT | AB 2534 Expands Employer Access to Certificated Employee Records of Egregious and Other Misconduct during Onboarding Process | 10.04.2024   On September 25, 2024, Governor Newsom signed Assembly Bill (“AB”) 2534 into law, amending Education Code section 44939.5. In summary, AB 2534 requires a former employer to release employment records pertaining to “egregious misconduct” of certificated employees when an applicant seeks a new position at a school district, county office of education, charter school, or state special school. In its analysis of AB 2534, the Senate Committee on Education summarized the definition of “egregious misconduct” as: “immoral conduct that is the basis for an offense related to sex offenses; child abuse and neglect offenses; and controlled substance offenses, as specified.” Click here to read more: https://lnkd.in/g4jjZ3n4 #AALRR #AB2534 #EmploymentRecords #Misconduct

ALERT | New Law Amends “Just Cause” and “Emergency Circumstances” Limits for Remote Attendance by Board Members during Public Meetings | 10.04.2024   On September 22, 2024, Governor Newsom signed Assembly Bill (“AB”) 2302 to amend certain portions of the Ralph M. Brown Act (“Brown Act”) relating to members of legislative bodies participating by teleconference during public meetings. In summary, effective January 1, 2025, AB 2302 amends existing teleconferencing requirements set forth in Government Code section 54953 to revise the limits for when members of a legislative body may participate remotely due to “just cause” or “emergency circumstances.” Click here to read more: https://lnkd.in/gPT2qcMp #AALRR #AB2302 #BrownAct

ALERT | Governor Signs Bill Banning Donor and Legacy Preferences in College Admissions in California | 10.02.2024 A bill that we have been following has become law. On September 30, 2024, California Governor Gavin Newson signed AB 1780 into law, enacting Education Code §66018.4. This prohibits California private colleges and universities from giving admissions preference to applicants who are related to donors or alumni. Click here to read more: https://lnkd.in/g97EcWk3 #AALRR #CollegeAdmissions

ALERT | California Court of Appeal Resuscitates A Defensive 998 Offer | 09.30.2024   California’s Supreme Court recently confirmed there is no right for a separately-filing plaintiff to intervene in another pending Private Attorneys General Act (“PAGA”) action where a settlement is reached and approved. (Turrieta v. Lyft, Inc. (2024) 16 Cal.5th 661). This is a positive development, especially given the proliferation of duplicative, follow-on PAGA actions being filed against employers throughout California. Click here to read more: https://lnkd.in/gderSvbv #AALRR #PAGA #California