Daily Archives: February 2, 2018

New Year, New Laws Affecting Schools

Author: Colby Mills, Attorney at Law

As always, with the turn of the calendar year comes the arrival of new laws taking effect in California. Legal guidance should be sought, and the specific statute consulted, before action is taken regarding any of these new bills. Several of these new laws will affect schools, including:

 

Employee Rights / Application Processes

AB 1008 – “Ban the Box” / No inquiry into criminal records on application forms

AB 1008 prohibits employers from inquiring about or considering a job applicant’s criminal record prior to a conditional offer of employment.

Under AB 1008, it is an unlawful employment practice under FEHA for an employer with 5 or more employees to include on any application for employment any question that seeks the disclosure of an applicant’s conviction history.

An employer also cannot inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer.

 

AB 168 – Use of prior salary information

AB 168 prohibits employers from asking ask about an individual’s salary history during the job application process.

AB 168 also requires an employer, upon reasonable request, to provide the pay scale for a position to an applicant.

However, if an applicant “voluntarily and without prompting disclos[es] salary history information,” an employer may still “consider[] or rely[] on that voluntarily disclosed salary history information in determining the salary for that applicant.”

 

Student Services

SB 250 – Provision of school lunches to students with unpaid school meal fees

SB 250 ensures that school officials do not “shame,” delay or deny food to hungry students as punishment for unpaid school meal fees.

SB 250 also requires schools to direct all efforts to collect unpaid school meal fees towards parents—not students—and forbids the use of a debt collector to recover unpaid school meal fees.

AB 10 – Free Feminine Hygiene Products

AB 10 requires public schools that serve students in grades 6 through 12 to provide free pads and tampons in half of its bathrooms if at least 40 percent of the school’s students fall below the poverty line.

 

Firearms on School Grounds

AB 424 – No Concealed Carry on School Grounds

AB 424 removed language in an earlier statute that let school superintendents provide written authorization for employees with concealed weapons permits to bring guns onto school campuses.

 

Charter Petitions

AB 1360 – Changes to Charter Petition Requirements

AB 1360 permits charter schools to include siblings of current charter school students and children of the charter school’s teachers, staff, and founders as categories given “enrollment preferences” in a charter school’s lottery process.

AB 1360 also requires charter petitions to specify what specific acts can result in a suspension or expulsion, and set forth due process procedures for suspensions/expulsions.

AB 1360 also allows charter schools to encourage parental involvement—whether through volunteer hours or donations—but prohibits charter schools from requiring parental involvement as a condition to acceptance or continuing enrollment in the school.