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PERB Articulates Duties Of Employer When Faced With Internal Union Strife

In City of Arcadia (2019) PERB Dec. No. 2648-M, the Public Employment Relations Board (PERB) grappled with a variety of issues surrounding a public employer's duties in the face of warring factions within one of its unions, as well as the propriety of "exploding" offers-an offer or proposal that expires on a given date-in the context of labor negotiations.

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School Districts May Develop A Policy Permitting Parents To Administer Medical Marijuana To Students On Campus

On October 9, 2019, Governor Gavin Newsom signed Senate Bill (SB) 223, which allows local educational agencies to adopt a policy regarding administration of medicinal cannabis to students on campus. The new law, referred to as "Jojo's Act," becomes effective on January 1, 2020, and was named after a San Francisco teenager who takes medicinal cannabis to control serious seizures.

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AB 5: New Law Further Limits Employers' Ability To Classify Workers As Independent Contractors

Governor Newsom signed Assembly Bill 5 (AB 5) on September 18, 2019, which takes effect on January 1, 2020. AB 5 codifies the California Supreme Court's decision inDynamex Operations West, Inc. v. Superior Court of Los Angeles (Dynamex) (see 2018 Client News Brief No. 20), which

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New Laws Narrow The Use Of Medical Exemptions For Student Immunizations

Through Senate Bills (SB) 276 and 714, California lawmakers demonstrated a concerted effort to narrow the use of medical exemptions from immunization requirements by requiring a singular exemption form and consolidating oversight through the California Department of Public Health (CDPH).

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Department Of Labor Opinion Says Family Medical Leave Allowed For Parental Attendance At IEP Meetings At School

On August 8, 2019, the U.S. Department of Labor issued an opinion letter (Opinion Letter) stating that the Family Medical Leave Act (FMLA) covers intermittent leave to attend a child's Individual Education Program (IEP) meeting, so long as the child suffers from a qualifying "serious health condition" under the FMLA.

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New Law Will Allow Students With IEPs To Take Assistive Technology Devices Home With Them

Governor Newsom recently signed Assembly Bill (AB) 605, which will require local educational agencies (LEAs) to allow students to use school-purchased assistive technology devices at the student's home or in other settings when the student's individualized education plan (IEP) team decides on a case-by-case basis that access to those devices is necessary in order for the student to receive a free

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New Law Expands Ban On Suspensions For "Willful Defiance" And "Disruption" In Both Public And Charter Schools, Emphasizes Importance Of Alternative Means

Governor Gavin Newsom recently signed into law Senate Bill (SB) 419, which expands the existing ban on suspending students in grades K-3 for disrupting school activities or committing an act of willful defiance. The ban on such suspensions now extends to grades 4-5 permanently and to grades 6-8 for five years.

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AB 392 Changes Use of Force Standards

Governor Gavin Newsom has signed the California Act to Save Lives (AB 392) into law. AB 392 modifies the standards surrounding the use of deadly force by Police and other peace officers in the line of duty.

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New Law Allows Former Students To Change Name And Gender On Past Student Records

Assembly Bill (AB) 711 establishes a process for former students to change their name and gender on pupil records, including diplomas.

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