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California Legal Legislative Issues

Last Updated 10/30/2009 11:32:44 AM


Index of Items on this Page


Northern and Southern California Offices

The Northern and Southern California Directors keep member schools informed on state legal and legislative issues as they arise. The following resources for California schools are available and may be ordered from the Northern or Southern California Regional Office:

  • Handbook of Rules and Regulations for California Christian Schools
     
  • Model CAL/OSHA SB 198 Injury and Illness Prevention Program 
     
  • School Harassment and Sexual Harassment Policies 
     
  • Employment and Discrimination Issues for CA Christian Schools

Generic Illness and Injury Manual


New California Laws and Regulations Relating to Private Schools CD

The U.S. Department of Education has produced a new document on Law and Regulations Relating to Private Schools.  From that publication, the Southern California office has put together a CD that contains the California Laws and Regulations Relating to Private Schools.  This CD also has links on each law or regulation that takes the reader directly to the California Education Code.  This is a great resource for every Christian School in California.  Contact the Southern California office to order your CD!


Attending California Teacher Conventions Using Title II Monies

At ACSI we understand how tight budgets are during this period of time. This is why we want to make you aware that a growing number of our schools are receiving assistance to attend ACSI conventions and conferences, not only for registration, but in many cases, mileage, hotel lodging, and meals. I encourage you to check out the Guidance Document for Title II A by going to the Department of Education website.  You will also find additional information on the ACSI website at Legal Reference Articles.

Is the Current Financial Crisis Wreaking Havoc on Your School's Professional Development?

 Pupil Records

Information on maintenance and release of pupil records 

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School Closure Procedures

In the unfortunate event your school must close, there are several guidelines that should be followed. Please make sure to follow these procedures carefully to assure that all entities receive adequate and appropriate notification of the school’s closure.

Pupil records are to be stored by the school sponsor. This should be the sponsoring church if the school is church sponsored. It is recommended that the pastor, church secretary, and the church board secretary be knowledgeable of the location of these records at all times. This information should be passed along to replacements of the above when new individuals are named to these positions. (Record this information in the board minutes.) See the Information on maintenance and release of pupil records document above for additional information.

Independent Christian schools should identify the individuals who are to be responsible for records and keep the ACSI Southern California Regional Office aware of record location and contact information at all times, in order that this information can be kept in the ACSI regional database

Forward the original records to the student’s new school, upon request. Records must be sent to the requesting school regardless of whether there is an outstanding tuition account. (This is important as students who are searching for their records contact ACSI each year.)

Please do not release the school’s copy of the records directly to parents or students. Parents may request personal copies of the records; however, once records are released to parents, the records become unofficial and may not be honored.

Notify your local public school district of your school closing. It is a good idea to also notify the school district as to where student records are stored.

Finally, notify the California Department of Education that your school is closing. This should be filed with the office that processes and maintains California Private School Affidavits.

Submit information to:
privateschools@cde.ca.gov
Fax: 916.319.0126
Private School Affidavit Elementary Ed Office
California Department of Education
1430 N Street, Suite 4401
Sacramento, CA 95814

Please include your school's name and address as filed, the school's county and school district of location, school (CDS) code, and the location of student records.

For additional questions contact your ACSI Regional Director.

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California Association of Private School Organizations (CAPSO)

California ACSI member schools are automatically members of the California Association of Private School Organizations (CAPSO). CAPSO is a consortium of pre-collegiate independent and religious school organizations. CAPSO strives to promote and preserve understanding among its members, to promote excellence in education through the represented schools, and to preserve philosophical and religious values as well as spiritual dimensions of life which are integral parts in the development of students.

Consult the CAPSO website to view an extended benefit of your ACSI membership.

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Overtime Exemption for CA Private School Teachers

For years California regulations treated private school teachers differently than they are treated under federal law and if they had been a teacher in any of the 49 other states. State regulations said that a teacher had to be state-certified and be paid two times the state’s minimum wage to be considered an employee exempt from overtime compensation. This despite the fact that no state law or regulation required private school teachers to be state certified. This created a great potential liability for California’s private schools. With help from CAPSO, the legislature has solved the problem. (Dr. Jerry Haddock, ACSI Director and CAPSO officer, is standing on far left in the bill signing picture.)

ACSI Memo on California Assembly Bill 2613 (CA AB 2613)

Copy of CA AB 2613

FAQ—CA AB 2613

 

ACSI Legal Legislative Update Article on California Assembly Bill 2613

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Private Teachers and California State Credentials

The state of California does not require those offering instruction in private schools to possess state-issued teaching credentials. Many private schools, however, opt to make possession of a teaching credential a condition of employment. Individuals who complete a teacher preparation program in the state of California have five years during which to earn a clear credential. The two most commonly used paths to receipt of a clear credential consist of participation in a professional teacher induction program, or completion of a fifth year of study, as designated by SB 2042, completed at a California college or university. (Holders of SB 2042 preliminary credentials issued on or after August 30, 2004 must complete a professional teacher induction program.)Private schoolteachers may, however, continue to clear their credentials through approved private university programs.

Beginning Teacher Support and Assessment (BTSA), a state-funded program co-sponsored by the California Department of Education and the California Commission on Teacher Credentialing is an induction program leading to the issuance of clear Multiple Subjects or Single Subject Credentials. Private school teachers in possession of preliminary teaching credentials may participate in BTSA programs. Moreover, the California Department of Education has advised the Private School Advisory Committee that federal funds made available through Title II, Part A of the No Child Left Behind Act may be used to underwrite the participation of private school teachers in BTSA programs. Private school administrators wishing to enroll one or more teachers in a BTSA program using Title II, Part A funds should discuss the matter, initially, with the appropriate categorical program official at the public school district in which the private school is located. Such a discussion, which is consistent with the “timely and meaningful consultation” requirements contained in Section 9501(c) of NCLB, should produce an indication of the amount of funds available to defray the cost of participation in a BTSA program.

Administrators should then meet with a local BTSA program director to make arrangements for the participation of their teacher(s). A statewide roster of BTSA program directors can be found, here. Though they must satisfy the same requirements, BTSA programs are not identical. Programmatic features and costs vary, and can be subject to negotiation. Some BTSA directors, for example, are amenable to training on-site support providers (or mentors)—a provision that affords greater convenience while reducing ancillary costs. The ability of a teacher to “clear” his/her preliminary credential while remaining in the employ of a private school can serve as an important inducement to teacher retention.

Additional information: Beginning Teacher Support and Assessment.

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CAPSO Questions and Answers on California Senate Bill 777 (CA SB 777)

CAPSO has received several recent inquiries regarding the applicability of SB 777 (Kuehl) to private schools.

The bill, which was chaptered on October 12, 2007, adds sexual orientation to the list of classes to be protected from discrimination in the state's "educational institutions," which, for purposes of this law, include private preschools, elementary and secondary schools.

The law includes a "religious tenets exemption," that reads as follows:

This article shall not apply to an educational institution that is controlled by a religious organization if the application would not be consistent with the religious tenets of that organization.

Because the term "controlled by a religious organization" is unclear, CAPSO worked hard to secure a statement of intent from the bill's author, Senator Kuehl, prior to the measure's passage, that would interpret the exemption as being applicable to the great majority of private religious schools in the event a legal challenge should arise. In a letter to CAPSO's executive director, dated July 17, 2007, Senator Kuehl indicated that the expression "controlled by a religious organization" was to be interpreted as per a prior California Attorney General's opinion, a copy of which was appended to her letter. That document observes that:

A postsecondary educational institution that is not directly owned or operated by a church or similar religious entity but rather by a nonprofit, tax exempt organization governed by an independent board of trustees under policies which follow specific religious tenets is exempt...when a commitment to a religious purpose is manifest in its mission, as demonstrated by such traits as its historical origins, charter and bylaws, affiliation with a church or similar religious entity, and tax exempt status.

This view would appear to make the great majority of private religious schools exempt from the provisions of SB 777.

CAPSO went one step farther by urging the inclusion of a reference to the aforementioned Attorney General's opinion in an analysis of the bill that became part of the measure's official legislative record.

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 California Department of Education's New Private School FAQ

The California Department of Education has updated an online resource containing responses to frequently asked questions concerning private schools.  


Additional contact information for California offices

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