You may be aware of a new law, AB 218, that will expand the statute of limitations for civil suits arising out of childhood sexual assault, impose additional damages in certain cases, and extend for three years cases that expired previously. A plaintiff will have 22 years after attaining the age of majority (to age 40) or five years from the discovery of the related factors, and damages awarded can be tripled if it’s proven that a sexual assault happened due to a cover up. Provisions of AB 218 is discussed in greater detail in our recent Briefing.

Your community probably includes children and youth suffering homelessness. These children may lack reliable shelter for many reasons, from poverty to natural disaster, from affordable housing shortages to refuge from violence. Federal law, the McKinley-Vento Act, as well as California state law requires schools to provide immediate access to free and appropriate public education to homeless children without requiring proof of residency, immunization and health records, school records or legal guardianship documentation. While it can be challenging, local educational agencies (LEAs) have an obligation to remove barriers to homeless students.

In serving students with special needs, you may be required to include related services under an individualized education plan (IEP). The Individuals with Disabilities Education Act (IDEA) includes the following as possible related services, as well as other possible assistance to allow special needs students to benefit from general education:

Establishing an insurance committee is, in itself, a best practice for maintaining positive employee relations. By providing a forum for the voice of all stakeholders in the benefits program where all involved parties receive complete information at the same time, you can avoid a great deal of misunderstanding and conflict.

With everything that happens at the beginning of a new school year, finding time and resources to train new and returning employees can be challenging in those first few weeks. But complying with requirements to train your staff on their Mandated Reporter responsibilities and conducting other statutory training is a critical priority for all California schools.

Swimming pools and other aquatic facilities can be fun and healthful facilities for a campus and community. Making sure those who use them do so safely is essential to preventing tragedy and protecting your district from major liabilities. Managing the inherent hazards in and around pools along with diligent maintenance and staff training will help you to offer a safer and enjoyable warm weather activity.

Following the stunning $289 million jury award to a California school groundskeeper last year, the link between glyphosate-based herbicides (GBHs) and cancer has been widely debated. If your grounds staff uses these products (such as Monsanto’s Roundup), you may be concerned about the implications for your school district.

A great deal of controversy on the safety of GBHs stems from scientific disagreement on the chemical’s hazards. In 2015, the World Health Organization (WHO) found glyphosate to be a probable carcinogen. The US Environmental Protection Agency (EPA) found that the substance poses no risk to humans from its current uses and that there is no evidence it causes cancer. In 2017, California’s Office of Environmental Health Hazard Assessment added glyphosate to the Proposition 65 list as a chemical known to the state to cause cancer. Monsanto, the largest manufacturer, cites extensive research over the past 40 years of the herbicide’s safety and faults the conclusions of the WHO cancer agency study.

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.

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.