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Member Alerts

Member Alerts provide guidance on regulations that affect our member districts.

Issues Associated with the New FMLA Regulations

On Friday, January 16, 2009, new Family Medical Leave Act (“FMLA”) regulations go into effect. Articles and alerts have been published regarding the new regulations. However, many of these articles fail to address the interrelationship of the new regulations with the rights and obligations imposed by the California Family Rights Act (“CFRA”) or they fail to address the question of whether the new regulations are properly considered incorporated into the CFRA,1 creating questions or conflicts as to the applicable governing law. Until these issues are clarified, hopefully through further communication from California regulators, Members should carefully evaluate each leave request, reaching out for assistance or guidance with respect to questionable circumstances or leave requests, to best ensure that they are acting in accordance with the law.

Injectable Insulin (updated)

In November 2008, Sacramento Superior Court Judge Lloyd Connelly held that California school districts were prohibited from allowing non-medical employees from administering insulin (and certain other injectable medications) to students.

Medical Marijuana

The Compassionate Use Act of 1996 (Health & Safety Code Section 11362.5) allows minors and adults to possess and use “medical marijuana” if recommended by their physician. Health & Safety Code Section 11362.7 allows such individuals to obtain medical marijuana identification cards intended to protect
them from arrest and prosecution by state authorities. Against this background, school districts are being
forced to address new situations involving students and employees who possess or are using “medical marijuana.” This Member Alert provides practical advice for dealing with these issues.

Activity Supervisor Clearance Certificate (ASCC)

On July 1, 2010, new Education Code Section 49024 took effect. The new law required noncertificated volunteer or classified employees intending to “supervise, direct, or coach” a “pupil activity program” sponsored by or affiliated with a school district to first obtain an Activity Supervisor Clearance Certificate (“ASCC”). To obtain an ASCC, the applicant had to successfully complete a criminal background check performed by the California Commission on Teacher Credentialing and pay a processing fee.

Student Safety Considerations

Due to budgetary and staffing concerns, as well as certain recent judicial opinions, Members have 
raised questions regarding their legal obligations to protect students from harm (a) before, during and after school hours, while students are on Member-owned or controlled property, and (b) when students are coming to/leaving school, when they are not actually on Member-owned or controlled property. This Student Safety Considerations Alert outlines the certain principles for analyzing Members’ obligations, including concepts that may help address budgetary and staffing concerns, while still allowing Members to implement prudent risk management protocols. It should be freely shared by Members with their employees.