The governor signed eight CFT-sponsored bills from the 2019 legislative session into law, as well as numerous others important to educators and support staff in California schools and colleges. Below is a summary of significant bills that will become law in 2020. You will also find significant bills vetoed by the governor along with his veto message. The CFT positions are indicated. The next legislative session begins when the Legislature reconvenes on January 6, 2020.
ALL-UNION
The Public Preschool, K-12 and College Health and Safety
Bond Act of 2020
Assembly Bill 48 (O’Donnell, D-Long Beach) places a $15
billion statewide bond on the March 2020 ballot for consideration
by California voters to fund new and renovate existing preschool
through university facilities. The bond, if passed by voters,
will provide $9 billion for K-12 school districts and $2 billion
each for community colleges, the California State University and
University of California systems. Position:
Support
- AB 48 was signed into law by the governor on October 7, 2019.
LABOR
Deems independent contractors to be
employees
Assembly Bill 5 (Gonzalez, D-San Diego) codifies a unanimous
2018 California Supreme Court Decision, Dynamex Operations
West, Inc. v. Superior Court of Los Angeles, which applies
the “ABC Test” to determine if a worker is an employee or an
independent contractor. Workers shall be considered an employee
rather than an independent contractor unless the hiring entity
demonstrates that the person is free from the control and
direction of the hiring entity in connection with the performance
of the work, the person performs work that is outside the usual
course of the hiring entity’s business, and the person is
customarily engaged in an independently established trade,
occupation or business. Position: Support
- AB 5 was signed into law by the governor on September 18, 2019
PreK-12 SCHOOLS
Charter school authorization
Assembly Bill 1505 (O’Donnell, D-Long Beach) addresses a
number of charter school policy issues, including the following:
1) allowing charter school authorizers to consider how the
charter school would financially impact the community and
neighborhood schools; 2) creating a limited appeal process to the
State Board of Education which would hear appeals only for a
charter school that can show the local educational agency abused
its discretion; 3) requiring charter school authorizers to use
the state accountability system as a basis for charter school
renewal and allowing authorizers to close a charter school for
fiscal and governance concerns or if the charter school is not
serving all student populations; 4) ensuring that every teacher
at a charter school has the appropriate credential for their
assignment and a state level background check; and 5)
establishing a two-year moratorium on non-classroom based charter
schools, with a commitment to reform the sector in the next two
years. Position: Co-Sponsor
- AB 1505 was signed into law by the governor on October 3, 2019.
Charter school location
Assembly Bill 1507 (Smith, D-Santa Clarita) closes a loophole
in current law which allows a charter school to operate outside
of its authorizing district. The bill ends the practice of local
school districts being forced to accept a charter school in their
district if it was authorized by a different school district.
Position: Co-Sponsor
- AB 1507 was signed into law by the governor on October 3, 2019.
Charter school transparency
Senate Bill 126 (Leyva, D-Chino) requires charter schools to
adhere to the Ralph M. Brown or Bagley Keene Open Meetings Act,
the California Public Records Act, and the Political Reform Act.
Position: Co-Sponsor
- SB 126 was signed into law by the governor on March 5, 2019.
Requires standard certification for student immunization
exemptions
Senate Bill 276 (Pan, D-Sacramento) requires the California
Department of Public Health (CDPH) to develop a standardized
medical exemption certification form to be used by licensed
physicians, which beginning January 1, 2021, will be the only
documentation of a medical exemption that is acceptable. The bill
also requires the CDPH to review all medical exemptions from
schools or institutions with an immunization rate of less than 95
percent, physicians who have submitted five or more medical
exemptions in a calendar year, and schools or institutions that
do not provide reports of vaccination rates to the CDPH.
Position: Support
- SB 276 was signed into law by the governor on September 9, 2019.
Student immunization exemption requirements
continued
Senate Bill 714 (Pan, D-Sacramento) is a companion bill to SB
276 that aims to prevent fraudulent medical exemptions for
mandatory vaccinations and makes further amendments to medical
exemption requirements. SB 714 allows a child with a medical
exemption, as of January 1, 2020, to continue to enroll in any
public or private school, child care center, family day care
home, or developmental center in the state until the child
enrolls in the next grade span, which are 1) Birth to preschool;
2) Grades TK-6; and 3) Grades 7-12.
SB 714 also prohibits medical exemptions issued prior to January 1, 2020, from being revoked unless they are issued by a physician who has been subject to disciplinary action by a licensed board. The bill also removes the penalty of perjury provision of SB 276 for physicians signing medical forms. Position: No Position/Late Gut-and-Amend
- SB 714 was signed into law by the governor on September 9, 2019.
Requires later school start time for many middle and high
schools
Senate Bill 328 (Portantino, D-La Cañada Flintridge) requires
the school day for middle schools and high schools, including
those operated as charter schools, to begin no earlier than 8 am
and 8:30 am respectively, by January 1, 2022, or the date in
which a district’s collective bargaining agreement that is
operative on January 1, 2020, expires, whichever is later. The
start time restriction would not apply to rural school districts.
Position: Watch
- SB 328 was signed into law by the governor on October 13, 2019.
Prohibits student suspensions for willful
defiance
Senate Bill 419 (Skinner, D-Berkeley) prohibits, beginning
July 1, 2020, the suspension of a student enrolled in a school
district or charter school in grades 4 and 5 for disrupting
school activities or otherwise willfully defying the valid
authority of those school personnel engaged in the performance of
their duties. In addition, the bill prohibits, from July 1, 2020,
until July 1, 2025, the suspension of a student enrolled in a
school district or charter school in any of grades 6 to 8 for
willful defiance. Position: Watch
- SB 419 was signed into law by the governor on September 9, 2019.
Collects data on school lockdowns and multi-option
response drills
Senate Bill 541 (Bates, R-Laguna Niguel)
requires the California Department of Education (CDE) and local
educational agencies (LEAs) to collect data pertaining to
lockdown or multi-option response drills conducted at school
sites within school districts, county offices of education, and
charter schools. The bill also requires the CDE to conduct, or
contract to conduct, a study that identifies, among other things,
best practices for age-appropriate drills. Finally, SB 541
requires the data and the study to be submitted to the governor
and relevant policy committees of the Legislature on or before
November 1, 2021. Position: Watch
- SB 541 was signed into law by the governor on October 12, 2019.
CLASSIFIED EMPLOYEES
Shortens probation for classified in non-merit K-12
districts
Assembly Bill 1353 (Wicks, D-Oakland)
shortens the maximum length of a prescribed period of probation
from not exceeding one year to not exceeding six months or 130
days of paid service, whichever is longer. In addition, AB 1353
provides that, to the extent these provisions conflict with a
collective bargaining agreement entered into before January 1,
2020, these provisions would not apply until the expiration or
renewal of that agreement. Position: Sponsor
- AB 1353 was signed into law by the governor on October 7, 2019.
Requires training for school security officers and
security guards
Senate Bill 390 (Umberg, D-Santa Ana)
requires school security officers employed by a school district,
charter school, county office of education, or community college
district, commencing July 1, 2021, and security guards working on
the property of a school district, charter school, county office
of education, or community college district to complete a
training course regardless of the number of hours worked per
week. Position: Support
- SB 390 was signed into law by the governor on October 2, 2019.
COMMUNITY COLLEGE
Improves Public Service Loan Forgiveness calculation for
part-time faculty
Assembly Bill 463 (Cervantes, D-Riverside)
factors in part-time faculty preparation time and office hours in
the calculation for qualifying for the federal Public Service
Loan Forgiveness (PSLF) Program by creating a 3.35 multiplier to
class time. In addition, AB 463 requires the chancellor’s office
to develop and provide to community college districts materials
designed to increase awareness of the federal PSLF program among
faculty members. AB 463 also requires the governing board to
annually provide this information to faculty members. Finally, AB
463 requires a community college district to annually provide a
faculty member who is enrolled in the federal PSLF program with
notice of renewal and a copy of the employment certification form
with the employer portion of the form already completed.
Position: Sponsor
- AB 463 was signed into law by the governor on October 4, 2019.
Eases student apprenticeship program entry
Assembly Bill 595 (Medina, D-Riverside)
authorizes a student enrolled in a community college class or
classes pursuant to an apprenticeship training program or an
internship training program who does not have a Social Security
number to use an individual tax identification number for
purposes of any background check required by the class or
program. Position: Co-Sponsor
- AB 595 was signed into law by the governor on August 30, 2019.
Redirects funds to assist students in
emergencies
Assembly Bill 943 (Chiu, D-San Francisco)
authorizes the use of Student Equity and Achievement Program
funding for emergency student financial assistance to help
students overcome unforeseen financial challenges that directly
impact the student’s ability to persist in their course of study,
such as the need for food or shelter. Position:
Co-Sponsor
- AB 943 was signed into law by the governor on October 4, 2019.
Changes governing board elections in certain
districts
Assembly Bill 1150 (Gloria, D-San Diego)
requires a candidate for election as a member of the governing
board of the San Diego Community College District and the
Grossmont-Cuyamaca Community College District to submit at least
40 valid signatures to qualify for the
ballot. Position: Sponsor
- AB 1150 was signed into law by the governor on October 8, 2019.
ALL PUBLIC HIGHER EDUCATION
Requires designation of Dreamer Resource
Liaisons
Assembly Bill 1645 (Rubio, D-Baldwin Park)
requires the California Community Colleges and the California
State University, and requests the University of California,
commencing with the 2020-21 academic year, to designate a Dreamer
Resource Liaison who is knowledgeable in financial aid and other
support services to assist students who qualify for the exemption
from paying non-residential tuition established by AB 540 in
2001. The bill also encourages the establishment of Dream
Resource Centers on each campus. Position: Watch
- AB 1645 was signed into law by the governor on October 12, 2019.
UNIVERSITY
Recognizes UC-AFT librarians
Senate Concurrent Resolution (SCR) 29
(Leyva, D-Chino) recognizes June 27, 2019, as the anniversary of
University Council-AFT representing Unit 17 librarians at the
University of California. Position: Sponsor
- SCR 29 passed off of the Assembly Floor with a 77-0-2 vote on August 12, 2019. Subsequently, the resolution passed off of the Senate Floor with a 39-0-1 concurrence vote on August 22, 2019 and was enacted.
VETOED BILLS
Gov. Gavin Newsom also vetoed some significant bills. You can read his veto messages in the accompanying links.
Required full-day kindergarten program
Assembly Bill 197 (Weber, D-San Diego) would
have required schools in districts offering kindergarten, and
charter schools serving students in early primary grades, to
implement at least one full-day kindergarten program. AB 197
would have required that the minimum school day for full-day
kindergarten would have to equal the number of minutes offered to
students in the first grade. Position: Watch
- AB 197 was vetoed by the governor on October 13, 2019. A veto message can be found here.
Paid maternity leave for K-14 certificated and classified
employees
Assembly Bill 500 (Gonzalez, D-San Diego)
would have required K-14 districts to provide certificated and
classified employees paid leave when an employee is required to
be absent for a length of time to be determined by the employee
and their doctor for a minimum of six weeks for pregnancy,
miscarriage, childbirth and recovery. Position:
Sponsor
-
AB 500 was vetoed by the governor on October 13, 2019. A veto message can be found here.
Grade 11 assessment alternatives
Assembly Bill 751 (O’Donnell, D-Long Beach)
would have established the Pathways to College Act which would
have required the Superintendent of Public Instruction to approve
one or more nationally recognized high school assessments (i.e.,
SAT or ACT) that a local educational agency could, at its own
discretion, administer in lieu of the Grade 11 Smarter Balanced
Summative Assessment. Position: Support
- AB 751 was vetoed by the governor on October 12, 2019. A veto message can be found here.
Training for mandated child abuse reporting at community
colleges
Assembly Bill 1153 (Wicks, D-Oakland) would
have established the Child Abuse Reporting Training Act of 2020
and required each governing board of a community college to 1)
annually train, using an online training module, employees and
administrators of the district who are mandated reporters on the
reporting requirements; 2) develop a process for those persons to
provide proof of completing this training within six weeks of
each academic year or within six weeks of that person’s
employment; and 3) develop a process to identify students who are
minors enrolled in classes at a community college district and
provide that information only to faculty members and other
employees who are mandated reporters. Position:
Sponsor
- AB 1153 was vetoed by the governor on October 13, 2019. A veto message can be found here.
Created the California Tax Expenditure Review
Board
Senate Bill 468 (Jackson, D-Santa Barbara)
would have established the California Tax Expenditure Review
Board as an independent advisory body to comprehensively assess
major tax expenditures and make recommendations to the
Legislature. Position: Support
- SB 468 was vetoed by the governor on October 11, 2019. A veto message can be found here.
Required special education IEPs be translated into
multiple languages
Senate Bill 695 (Portantino, D-La Cañada
Flintridge) would have required a local educational agency (LEA),
upon a parent’s request, to translate the following for a parent
whose native language is one of the eight commonly spoken
languages, excluding English:
- the student’s completed Individual Education Plan (IEP) plus any revisions,
- any evaluation, assessment, or progress data used to determine eligibility or to develop the IEP that is discussed at an IEP team meeting.
The LEA would have 30 calendar days from the IEP meeting, or within 30 calendar days of a later request by the parent, to provide the translation. Position: Support
-
SB 695 was vetoed by the governor on October 12,
2019. A
veto message can be found here.
For additional information, contact:
Ron Rapp Legislative Director
Tristan Brown Legislative Representative
Bryan
Ha Legislative Representative
Telephone (916) 446-2788