We would like to update you on two California school bus safety laws that set compliance deadlines for schools. AB 1798 requires that all school buses in use in California be equipped with a passenger restraint system by July 1, 2035. AB 1840 extends a deadline for installing child safety alert systems-- devices located at the interior rear of a vehicle that require the driver to inspect the bus for any remaining pupils before exiting.

Seat belts have been mandated on all newly purchased school buses in California since 2005. The new measure requires all school buses in use by the 2035-2036 fiscal year to be equipped with legally-compliant passenger restraint systems.

In recent years, both the National Highway Transportation Safety Administration (NHTSA) and The National Transportation Safety Board (NTSB) have recognized that, while school bus seats are excellent at protecting pupils in front-impact crashes, they are less effective in side-impact or rollover accidents. Therefore, both agencies now recommend that children have three-point seatbelts on school buses.

California’s jigsaw jumble of laws and regulations governing employment leave is, to say the least, complicated. Covering a wide range of circumstances – from illness to parental bonding, from jury duty to voting in elections – the Golden State has upwards of 17 kinds of employee leave. Some of it is paid leave, while other leaves involve medical requirements and guarantee job reinstatement for a certain period. Some leaves run concurrently, and others run consecutively. Even the city you operate in can change the way leave is handled. It’s no wonder school districts have questions – lots of questions.

Recent updates to California leave laws have brought the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) in closer harmony. But it’s important that school districts pay close attention to the provisions affecting them, which may depend on how many employees they have and their own leave policies and procedures.

One area of confusion is the difference between laws protecting employment rights during leave and those laws requiring wage payment during certain leaves. Paid Family Leave (PFL) provides paid benefits to an employee when taking time off work to care for a seriously ill family member or bond with a new child. But PFL doesn’t provide job protection, while FMLA and CFRA both provide reinstatement rights upon return from a qualifying leave.

We are all concerned about the safety of children at school, including the dangers of physical or sexual assault. Special education pupils may be especially at risk and can present supervision challenges for your district.

The California Supreme Court has ruled extensively that teachers and other school employees must adequately supervise all students on school grounds and enforce rules and regulations protecting them from harm. The degree of care that school employees must follow is that which a person of ordinary prudence, charged with comparable duties, would exercise under the same circumstances. Failure to provide adequate supervision is considered “negligent supervision.”

A total lack of supervision or ineffective supervision can constitute a failure of ordinary care on the part of school personnel. While it may be that another student committed an assault, litigation is often directed toward the teachers and school district because of this duty to adequately supervise students.

Schools must protect students from foreseeable injuries, including those caused by other students known to pose a danger. Courts have found school districts liable for sexual assaults on school grounds by other students, even when the same type of incident had not occurred previously.

When you’re at the counter to rent a car while traveling, you will probably face a persuasive agent encouraging you to purchase the coverage waivers that quickly multiply your daily rental rate. Many people already have the insurance coverage to protect themselves if an accident or theft happens. If you are renting a vehicle for business purposes, you need to know more to be sure you and your district are protected.

Rental companies typically offer four kinds of waivers. They are called “waivers” because the rental car company waives their right to hold you liable for any losses.

Among the all the concerns we discuss with our school customers, the two most distressing topics are child sexual abuse and active killer incidents. As difficult as these subjects are, we put them at the top of our checklist because of the vital importance of doing all we can to protect our kids. Our specialists work closely with school administration and train staff on implementing best practices to keep students safe from both these dangers.

Giving school personnel the knowledge and tools for recognizing signs of child abuse, grooming behaviors by would-be predators and properly supervising students provides a strong deterrent against sexual assaults on campus. Coupling this training with effective policies about maintaining appropriate boundaries for staff-to-student interactions during the school day, for extracurricular activities and off campus. For the facilities, unlocked doors and rooms visible from hallways and the outdoors help protect children from those who seek to harm them.

But what about the measures we recommend protecting students from active killers at school? In this case, doors that lock from the inside of classrooms and rooms that provide an invisible hiding place are means of protection. In the instance of an armed assailant on campus, a teacher could inadvertently wind up alone with a single student in a confined place. In such a life-threatening event, is a staff member really going to think about a boundary policy?

Many common medical conditions are successfully – and affordably – treated with generic prescriptions. While generics are required by law to provide the same active ingredient, quality, and therapeutic value as brand name pharmaceuticals, the big difference is price.

Generics provide high value to patients and plan sponsors for the most part. On average, consumers pay just $6.06 for a generic prescription at the pharmacy. The average brand copayment is more than $40, nearly 7 times the cost out of pocket. About 90% of all prescriptions filled are generics, but only account for 23% of all drug costs. This is great news for schools trying to keep their health benefit expenses under control.

Today we’re seeing large increases in the cost of some generic drugs that were once priced reasonably. While we’ve seen cases of unscrupulous drug companies raising prices by hundreds of dollars because they have no competition, factors such as raw material shortages, industry consolidation and low demand for products that treat rare conditions are driving this trend.

The tragedy of youth suicide becomes more shocking because we see it on the rise. The Centers for Disease Control and Prevention found that suicide rates have tripled over the past decade for girls aged 10-14, the highest growth of any group. We’re raising awareness and providing resources to schools to help reverse this epidemic.

California was the first state in the nation with a Suicide Prevention education law requiring local educational agencies serving pupils in grades 7-12 to adopt a suicide prevention policy. The policy should address training on suicide awareness and prevention.

Educators are often the first to notice changes in a student’s behavior or overall demeanor that indicate a tendency toward suicide. Most youth suicides can be prevented. School staff who are trained and aware can make the difference between life and death. Some warning signs parents and families, friends, teachers and staff to watch for include:

We’d like to share a few insights from our most recent Keenan’s Employee Benefits Survey with you. We believe it’s the most comprehensive survey of California public schools, with responses from 110 California school districts. It provides benchmarks and analysis to assist in planning employee benefit strategies for 2019 and beyond.

The 2018 survey includes an overview of existing benefits programs, costs and policies. Surveyed districts offered their views on strategic benefit decisions in the next several years. Among their most important concerns are:

Ferocious, dry winds are kicking up this week bringing dangerous fire weather to parts of California. The risks of wildfire, as we saw from last year’s devastation, reach from urban communities to the most remote mountains when Santa Ana conditions take hold. Protecting your school facilities against these powerful forces of nature reduces losses and helps make your community more resilient.

Keep Fuel Away
Clearing brush and debris around your facilities is essential to protect your buildings and creates a defensible space for fire fighters to do their work if a fire comes near. Pay attention to nearby trees and how they can throw off flying embers in your direction. Dispose of lawn and gardening cuttings promptly. Roofs, gutters and eaves need to be cleared of anything flammable that may have accumulated.

Keep Sparks Out
While clearing these areas, inspect for any maintenance needed to prevent embers from entering the building such as repairing roofing materials and screening vents. Windows should be shut when closing the facility each day, and especially when an evacuation is ordered. Buildings with exteriors constructed to resist fires are completely vulnerable if the smallest sparks can get inside.

About one-quarter of the 800,000 persons protected by the Deferred Action for Childhood Arrivals (DACA) policy live in California. DACA grants temporary lawful status and work permits to thousands of young migrants brought to this country through no choice of their own. In addition to many immigrant students currently enrolled in the state's public schools and colleges, approximately 5,000 teachers now working in California are also DACA recipients. The Trump Administration has attempted to dismantle DACA, but several court rulings have held off its discontinuation. 

California schools like yours could face major impacts if ending DACA's protections result in loss of enrollment, staffing, and state funding. If mass deportations occur, or many recipients leave school or employment fearing detention, it would disrupt the education of hundreds of thousands of students. 

Since 1982, following the U.S. Supreme Court's ruling in Plyer vs. Doe, immigrant students have had Constitutional protection to receive a free public education regardless of status. Reinforcing the federal protections, California enacted AB 699 mandating equal rights and opportunities in California public educational institutions to all persons, regardless of their immigration status. AB 699 prohibits school officials and employees from collecting information or documents regarding citizenship or immigration status of pupils or their family members, unless required by state or federal law. Local educational agencies were required to adopt such policies by July 1, 2018.