At The Law Offices of Katie Walsh, we hope that everyone had a peaceful holiday season, and we would like to wish you a happy New Year. We felt it prudent to use the first post of 2020 to discuss some of the new legislation that went into effect this year, particularly laws that impact school children.

There are many new California school laws to talk about; 12 in fact, and we will do our best to give you a summary of the changes in 2020. Naturally, we cannot cover each new law in great detail in one post; instead, we will focus on some of the most salient.

From legislation regarding willful defiance suspensions to an overhaul of the state’s charter school system, Governor Gavin Newsom signed some important laws last year that will affect millions of young people across the Golden State.

As CalMatters reports, the most significant set of changes involve Charter Schools: a school category that receives government funding but doesn’t operate within the established state school system. Such schools are typically established by teachers, parents, or community groups.

Three new laws – Assembly Bill 1505, Assembly Bill 1507, and Senate Bill 126 – deal specifically with California charter schools. Teachers at charter schools are now required to hold a state teaching credential, the Times of San Diego reports. Local school boards also have more significant discretion in approving or denying charter schools. What’s more, charters must follow the same open-meeting laws as school districts.

Willful Defiance Suspensions, Domestic Violence, and Sexual Harassment

We have covered Senate Bill 419: Pupil discipline: suspensions: willful defiance on multiple occasions. As we pointed out, Senator Nancy Skinner’s SB 419 would have banned out-of-school suspensions for “defiant and disruptive behavior” for grades K-12.

The final version of the bill, signed by Gov. Newsom in September, permanently bans California public schools from suspending students K-5 for willful defiance. The bill also includes a five-year temporary provision extending the ban to include students in sixth through eighth grade.

Studies indicate that willful defiance school suspensions and expulsions disproportionately impact black, LGBTQ, and disabled students. Sen. Skinner said:

“When you look at the data on who is suspended, you can’t help but see the stark reality. Boys of color, kids in special education, LGBTQ kids — kids who don’t fit all of our cultural norms — are targeted due to the implicit bias that we know is present in every institution we have.”

In October, SB 316 goes into effect; the law requires that high schools print the phone number for the national domestic violence hotline or a local domestic violence hotline on pupil identification cards. Assembly Bill 543 requires public high schools to “prominently and conspicuously display” a poster of a district’s sexual harassment policy in every high school restroom and locker room, according to the article. The sign must also include steps for reporting sexual harassment accusations.

Orange County Juvenile Defense and School Expulsion Attorney

If your son or daughter is facing expulsion in California, then it is vital for you to reach out for a qualified attorney who can advocate for your family. Navigating the school expulsion process is a daunting task; having an experienced defense attorney could lead to alternatives to expulsion.

Attorney Katie Walsh understands what you are going through and will work tirelessly to safeguard your child’s rights. Please contact The Law Offices of Katie Walsh today for a free consultation. (714) 351-0178.

Almost a year ago California businesses that employ 25 or more people were informed that they are required to provide written notice to new employees of his or her rights to take time off for the following reasons:

1. “To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
2. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
3. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
4. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.”

The requirement falls under amending Section 230.1, Assembly Bill (AB) 2337, authored by Assemblywoman Autumn R. Burke in 2016. Subsequently, Governor Jerry Brown signed AB 2337 into law. A sign that California is committed to protecting the rights of the countless victims of domestic assault.

This past August, Assemblywoman Burke was appointed to serve as a member of the California Domestic Violence Advisory Council (DVAC) by the California State Assembly Speaker Anthony Rendon, the Los Angeles Sentinel reports. The DVAC works together with the Governor’s Office of Emergency Services (CalOES) to “ensure the safety and security of all domestic violence victim.”

AB 2337 and Troubling Statistics On Domestic Violence

In addition to informing new employees of their rights, employers must provide the information listed above to any current employee who asks. The aforementioned legislation also protects victims of domestic violence, sexual assault or stalking from being terminated due to work absences.

Unless you have or know someone who has been directly affected by domestic violence, you may not give the subject much thought. One’s life moves forward, despite what is happening in the shadows around you. You are probably unaware of just how prevalent domestic violence is, nor would you be aware the true impact it has on society. Upon accepting the new appointment which she expressed gratitude for, Burke said:

“The grim statistics are shocking – a study by the Center for Disease Control found that women lose nearly eight million days of paid work because of violence inflicted by their intimate partners which is equivalent of 32,114 full-time jobs each year. Additionally, intimate partner violence accounts for 15% of all violent crime, one-out-of-seven women have been stalked by an intimate partner in their lifetime, younger women ages 18-24 are commonly abused by an intimate partner, and women are six times more likely to be killed when there is a gun in the house. That is why I look forward to serving on the DVAC and continuing to promote state policies and support programs that seek to end acts of violence between spouses and domestic partners.”

As an aside: October is Domestic Violence Awareness Month. Which, California has officially observed since 1987, according to the article. “Love Shouldn’t Hurt” is a public awareness campaign sponsored by the DVAC.

Orange County Domestic Violence Attorney

Are you a victim of domestic violence, sexual assault or stalking? Or, do you know someone who has be affected by such troubling crimes? If so, Attorney Katie Walsh can advocate for you or a loved one regarding such matters. At the Law Offices of Katie Walsh, we can help both inside the courtroom and out, navigating the both the court process and in finding appropriate counseling services. We work closely with a number of experienced counselors, social workers and therapists. Please contact us today, we can help.

In the United States, if you feel that your health and safety is in jeopardy by another person, you can petition the courts for a restraining order. People who have a restraining order against them, risk jail time if they contact or come within a certain distance of the complainant. While every state varies with regard to the grounds for obtaining a restraining order and the scope of such orders, by and large they are considered to be effective measures in protecting individuals.

Those who file a restraining order are commonly people who have experienced domestic abuse, i.e. spousal violence. Such victims need reassurances that they will be protected if their abuser makes threats. Recently, the question arose if whether protection orders could be warranted and/or violated by attacking one’s children. A California court of appeals believed that to be the case.

A woman in Alameda County, California, who had filed a restraining order against an abusive ex-boyfriend, asked the courts to extend the restraining order; this came about because her abuser harassed her over the phone and beat her children after the restraining order took effect. While the judge did not see things her way, the First District Court of Appeal in San Francisco felt otherwise, SFGATE reports. The court of appeals said that the woman’s testimony “established a reasonable apprehension of future abuse.”

The ruling had an impact across the state because the court said “abuse is not limited to the protected party seeking the order,” according to the article. The court of appeals ruling led to judges throughout the state being instructed that “abuse against the children is abuse against a parent,” said the executive director of the Family Violence Appellate Project, Erin Smith.

Katie Walsh is an attorney in Orange County, California. Attorney Walsh concentrates her law practice on juvenile defense, criminal defense, and victim’s rights.

Contact the Law Offices of Katie Walsh online or at (714) 351-0178.