Site icon CCIS – California Consortium for Independent Study

Changes in Law 2023 – Student Services

Students

Trio of bills provides additional support for LGBTQ+ pupils on campuses.

As part of a larger package of bills to provide additional supports to lesbian, gay, bisexual, transgender, queer, and questioning (LGTBQ+) Californians, the Governor signed several measures aimed specifically at schools and students. AB 5 by Assembly Member Rick Zbur (D-Los Angeles) will require school districts, county offices of education (COEs) and charter schools to provide training for the support of LGBTQ+ pupils, and strategies to increase support for LGBTQ+ pupils, at least once every two years to teachers and other certificated employees of those schools that serve pupils in middle and high school. Current law encourages schools to provide this training but AB 5 instead requires, commencing with the 2025–26 school year, each local educational agency (LEA) serving pupils in grades 7 to 12, inclusive, to use the online training delivery platform and curriculum required to be developed by the California Department of Education (CDE) under the bill, or an in-service alternative, to provide at least one hour of required training annually to teachers and other certificated employees. The bill also requires each LEA to maintain records documenting the training, including the date that each employee satisfied the training requirement and the name of the entity that provided the training. The bill’s provisions are set to expire at the end of the 2029-30 school year.

The Governor also signed SB 857 by Senator John Laird (D-Santa Cruz), which requires the State Superintendent of Public Instruction (SSPI), on or before July 1, 2024, to convene an advisory task force to identify the needs of LGBTQ+ pupils and to make recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ pupil education and well-being. The SSPI will be required to select

15 members for the task force, including eight high school pupils identifying as LGBTQ+, a school administrator, two certificated teachers, two mental health professionals, a community LGTBQ+ advocate, and a representative from the California Department of Public Health’s Office of Health Equity. Under the bill, the task force will be required to report their findings and recommendations to the Legislature, the SSPI, and the Governor on or before January 1, 2026. According to the author, the goal of the task force is to bring “students, teachers, and administrators together to ensure that authentic voices from the community are involved in discussion about how to create a safe and supportive environment for LGTBQ+ students, while providing [CDE] with valuable perspectives to ensure resources are efficiently allocated to implement existing laws and better support LGTBQ+ student needs.”

Also part of the package of signed bills is SB 760 by Senator Josh Newman (D-Fullerton). This bill requires all school sites with more than one girl’s bathroom and more than one boy’s bathroom, to provide at least one all- gender restroom for pupil use. More information about this bill can be found in our Facilities Changes in Law Section.

Governor signs bill to expand access to free menstrual products in schools.

Under the Menstrual Equity for All Act of 2021, schools serving any combination of classes from grades 6-12 have been required since the 2022-23 school year to stock an adequate supply of menstrual products free of charge in all women’s and all-gender restrooms and in at least one men’s restroom. AB 230 by Assembly Member Eloise Reyes Gomez (D-Colton) will extend this requirement to public schools serving any combination of classes from grades 3 to 12, commencing with the 2024-25 school year.

A similar effort to increase access to free contraceptives on school campuses was less successful. SB 541 by Senator Caroline Menjivar (D-Burbank) would have required all public high schools to make condoms available to students and provide information to students on the availability of the condoms and other sexual health information. In his veto message for the bill, Governor Newsom seemed supportive of the policy but had concerns about implanting a requirement that was not considered as part of this year’s budget, writing, “While evidence-based strategies, like increasing access to condoms, are important to supporting improved adolescent sexual health, this bill would create an unfunded mandate to public schools that should be considered in the annual budget process.”

New required notice regarding state’s HPV vaccine policy.

AB 659 by Assembly Member Cecilia Aguiar-Curry (D-Winters) establishes that it is the state’s policy that students are advised to adhere to current immunization guidelines regarding full human papillomavirus (HPV) immunization before admission or advancement to the 8th grade at any private or public elementary or secondary school and requires that this state policy be included in the annual notifications provided by schools to every student upon their admission or advancement to the 6th grade. Applicable to the governing authority of any private or public elementary or secondary school, the required notice must also do all of the following:

While the introduced version of the bill would have added immunization HPV to the list of vaccinations required for admittance into a public or private school, the final version of the bill only requires the above notice and does not make any changes to the list of required vaccinations. A student may still be admitted to the 8th grade even if they have not been vaccinated against HPV and nothing in SB 659 prohibits a school from including such a statement in the notice.

Legislation addresses missing pieces in Universal Meals Program.

Now that Universal Meals are largely in place, the focus has moved to finetuning the program to ensure it meets the needs of students and works within the parameters of the school schedule and programs. This year two bills contributed tothis goal. SB 348 by Senator Nancy Skinner (D-Berkeley), looking to address how schools can provide two meals on half-days, modifies the requirement under Universal Meals to require schools “make available,” rather than “provide,” two nutritionally adequate school meals every school day. Federal law prohibits schools from serving meals in a noncongregate manner and schools had raised questions about what this meant for days where a student is no longer on campus come lunchtime. By changing the requirement, schools will be able to meet the two-meal requirement on half-days if they establish a time that the second meal will be provided, therefore providing students that would like a second meal the opportunity to receive one. SB 348 also adds the requirement that both meals must be served with “adequate time to eat” and directs CDE, in collaboration with school food service authorities, school food service workers and others, to make a recommendation for the amount of time that is adequate for a student to eat their meal. These recommendations must be posted on CDE’s website on or before June 30, 2025, though the requirement that meals be provided with adequate time to eat kicks in January 1, 2024.

The second bill, AB 95 by Assembly Member Josh Hoover (R-Folsom) came after legislative staff visited school meal programs where they heard several complain about “still starving” after eating their school meals. AB 95 clarifies that schools are allowed to sell a second entrée to students at breakfast or lunch, after the student receives their reimbursable meal, provided the entrée is from a nutritiously adequate meal that qualifies for federal reimbursement. Under federal law, schools are unable to receive federal reimbursement for standalone entrees because they do not fulfill the prescribed nutritional requirements on their own.

Bill establishes statewide standards for recess in TK-12 schools.

Looking to ensure that students that have access to recess have equal access across the state, SB 291 by Senator Newman requires schools that offer recess, beginning the 2024-25 school year, to provide at least 30- minutes of recess on regular instructional days and on at least 15 minutes on early release days. The bill states that recess may be provided in one or more periods but must be separate and distinct from physical education courses and mealtimes. It will be important to keep this upcoming requirement in mind as schools build out their school schedules for the 2024-25 school year, especially if their current schedule combines lunch and recess time. For example, a schedule that allots 45 minutes for lunch and recess, with 20 minutes for lunch and 25 minutes for recess, would no longer be compliant under SB 291. Further complicating this calculation will be the new requirement under SB 348 (see above) that students be provided adequate time to eat. According to CDE’s website, the federal Center Disease Control recommends ensuring students have at least 20 minutes for lunch once they are seated.

The bill also deletes the authority for a school board to adopt reasonable rules and regulations to authorize a teacher to restrict the time a student is allowed for recess for disciplinary purposes. Instead, SB 291 now provides that a student cannot be denied recess unless the student’s participation poses an immediate threat to the physical safety of the student or one or more of the student’s peers and requires school staff to make all reasonable efforts to resolve the threats and minimize exclusion from recess to the greatest extent possible.

More (federal) money, more (needed) money, more (reimbursed) money!

The Local Education Agency Medi-Cal Billing Option Program (LEA BOP) is a program that allows schools to claim reimbursement for a portion of the cost of delivering health services to Medi-Cal eligible students and provides federal Medicaid matching funds to LEAs for health-related services provided by specified health practitioners to students enrolled in Medi-Cal. AB 483 by Assembly Member Al Muratsuchi (D-Torrance) updates the requirements related to LEA BOP to make them more suitable and more reflective of an understanding of how LEAs operate with the goal of increasing funding available to support student health services. These modifications include requiring the Department of Health Care Services (DHCS) complete an audit and notify an LEA of the audit findings within 18 months of the date the services were claimed and requiring DHCS to provide technical assistance to LEAs that experience a 25% or greater difference between their submitted cost report and the final audited settlement. Reforming the DHCS audit claims process for schools participating in LEA BOP will hopefully increase access to funding which will then also expand access to services for students. DHCS will also be required to consult with the LEA Ad Hoc workgroup, which consists of CDE and LEAs, as it works to amend the state plan to implement the requirements of AB 483.

The Governor signed the following student services bills:

Alternative Education

Child Nutrition

Homeless/Foster Youth

Mental Health

Pupil Health

Student Services

Capitol Advisors Group has produced a set of comprehensive client briefs detailing new education laws that were passed by the Legislature and signed into law by Governor Newsom in 2023. Each brief is organized by subject area and includes an executive summary highlighting major changes we think you should know about. Bills signed by the Governor take effect on January 1, 2024, unless the bill specifically states otherwise.

Exit mobile version