LEGISLATIVE UPDATE
New Laws Affecting School Districts and Community College Districts

August 16, 2010 | Bulletin No. 946388.2

A.B. 1374: TEACHING CREDENTIALS

This law adds section 44251.2 to the Education Code, which states that a credential issued by the commission is subject only to the laws and regulations under which it was issued, and is exempt from new laws and regulations unless otherwise stated.

Note

Pending legislation is subject to amendment and change in status. Check for updates at http://www.leginfo.ca.gov/. You may subscribe to specific bills to receive notifications whenever there is activity on a bill of particular interest.

This law also amends Education Code section 44260.2 to change the minimum requirements for the three-year preliminary designated subjects adult education teaching credential, as well as section 44260.3, which applies to the five-year clear designated subjects adult education teaching credential.

A.B. 346: ACTIVITY SUPERVISORY CERTIFICATION

This law amends sections 45125.01 and 49024 of the Education code to provide that Activity Supervisor Clearance Certificate ("ASCC") is available to a paid or volunteer position to work with pupils in a pupil activity program sponsored by a school district. The ACSS serves as a substitute for the Department of Justice fingerprint and background check required of any individual working with pupils in a pupil activity program.

While the fingerprint requirement applies to volunteer as well as paid individuals, there are certain exemptions. These exemptions include, volunteer supervisors for breakfast, lunch, or other nutritional periods, parents volunteering in a classroom or on a field trip or a community member providing noninstructional services are nonteaching volunteer aide and therefore exempt from this requirement

A.B. 352: CALIFORNIA INTERSCHOLASTIC FEDERATION

This law amends section 33353 of the Education Code to make the California Public Records Act ("CPRA") under Government Code section 6250, et. seq, applicable to the California Interscholastic Federation.

A.B. 1643: ALCOHOLIC BEVERAGES – PLACES OF CONSUMPTION

This law amends section 25608 of the Business and Professions code to allow the sale or consumption of alcoholic beverages at events held on the grounds of a community college-owned facility in which any grade from kindergarten to grade 12, inclusive, is schooled, so long as the event is held at a time when students are not present at the facility.

WHAT THIS MEANS TO YOU

Review the new requirements as they apply the new teacher credentials, as these requirements could affect hire, layoff, and rehire rights for employees. Also, ensure all necessary persons are properly fingerprinted or obtain an ASCC. Community college districts may now clearly serve alcoholic beverages in facilities that are used by schools to education students from k-12, inclusive, so long as students are not present. Athletic and school staff should be mindful that CIF is now subject to the CPRA requirements.

As always, check with legal counsel before implementing new programs or practices. KMTG will continue to provide you updates regarding new laws and pending legislation applicable to schools districts and school boards.

QUESTIONS

If you have any questions concerning the content of this Legal Alert, please contact the following from our office, or the attorney with whom you normally consult.

Diana D. Halpenny or Christian M. Keiner | 916.321.4500