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.

Keeping kids in the classroom is key to ensuring that students perform well academically. Students who act out in class risk suspension or worse, expulsion. Young people can have behavioral problems in school for a myriad of reasons, issues at home or mental health conditions are two of the more common causes. However, there is some evidence suggesting that sleep deprivation could be playing a role in teenage behavior.

Researchers Kevin Bastian and Sarah Fuller of the University of North Carolina at Chapel Hill analyzed data from more than 400 North Carolina high schools, according to Education Dive. They determined that students who start classes later in the morning were less likely to be suspended. Starting class at 8:30 a.m. or later was also linked to higher overall GPAs among students.

The findings noted above are interesting and have given several lawmakers across the country food for thought, especially in California. In recent years, there have been several attempts to push back school start times to allow young people more sleep.

Even though there is a growing body of evidence showing the benefits of such a move, former Gov. Jerry Brown vetoed a bill that would have had middle and high schoolers start class at 8:30 a.m. However, California Gov. Gavin Newsom has a decidedly different stance on the subject.

SB 328 Pupil Attendance: School Start Time

This month, Gov. Newsom signed Senate Bill 328 into law, making it so that most middle schools and high schools will start class later, The Los Angeles Times reports. The change will be phased in and should be fully implemented by the beginning of the 2022-23 school year.

SB 328 is controversial; many school officials and some lawmakers oppose the move to start class later, according to the article. Concerns have been raised that the change could affect bus routes and prevent parents from dropping their kids off at school before work. The California Teachers Association called Newsom’s signing of the bill “unfortunate.”

Gov. Newsom defended his support for the bill by pointing to the available science. Studies correlate more sleep from later start times with better academic performance and better health. For those reasons, SB 328 has the support of the American Academy of Pediatrics, the California Medical Association, and the California State Parent Teacher Association.

An impetus for the bill was a 2014 opinion from the American Academy of Pediatrics stating that middle and high schools shouldn’t begin class until 8:30 a.m. California is the first state in the nation to pass legislation mandating later start times

“Today, Gov. Newsom displayed a heartwarming and discerning understanding of the importance of objective research and exercised strong leadership as he put our children’s health and welfare ahead of institutional bureaucracy resistant to change,” said Sen. Anthony Portantino, who authored the legislation. “Generations of children will come to appreciate this historic day and our governor for taking bold action. Our children face a public health crisis. Shifting to a later start time will improve academic performance and save lives because it helps our children be healthier.” Please take a moment to watch a short video on the subject:

California School Expulsion Attorney

If your son or daughter is having difficulty in school and is facing school expulsion, then you must seek the assistance of an experienced juvenile defense lawyer. At the Law Offices of Katie Walsh, we can advocate for your family and safeguard your child’s rights.

Attorney Walsh can help you navigate the school expulsion hearing process and may be able to negotiate alternatives to expulsion. Please contact our office today for a free consultation.

Published research tells us that the brains of young people are not fully developed. Meaning, partially, youths are at risk of making life-changing decisions without fully grasping what can result. Many criminal and juvenile justice advocates claim that the current method of handling teenagers who break the law is woefully inappropriate. Moreover, many voters in California tend to agree.

In recent years, spanning back to the early 2000s, juvenile justice in the Golden State has been undergoing several shake-ups. Laws have been passed to shift away from punitive measures and embrace rehabilitation for most infractions. Just over a decade ago there were 11 state-run juvenile justice detention facilities; today, there are only four centers housing only young people with the most severe charges, the Los Angeles Times reports. All other youth offenders are either on probation or housed in county juvenile halls.

In 2017, then Governor Jerry Brown signed Proposition 57 which, among other things, prohibits prosecutors from charging youths in adult court without a judge’s consent. What’s more, Brown signed legislation to lighten punishments; the goal is to get young people off a path to adult prison. In 2019, with a new Governor at the helm of California legislation, more juvenile justice reforms are on the horizon.

HHS Could Take Control of California’s Juvenile Justice Division

Health and human services providers could soon take over control of overseeing California’s nearly 700 young offenders, if Governor Gavin Newsom’s plan comes to fruition, according to the article. These juveniles and young adults have remarkable legal records; and, many of them contend with severe mental and medical health needs. The majority of the more than 660 offenders are confined to detention camps in Pine Grove, Stockton, and Camarillo.

“This is about setting a new mark,” said Gov. Newsom. “We are committed about ending the juvenile justice system as we know it once and for all.”

Under the proposed plan, the California Health and Human Services Agency (HHS) are tasked with better preparing young people for release through a combination of educational, mental health, and social services, the article reports. With Legislature approval, Gov. Newsom hopes to make the handover from corrections officials to the HHS as early as July. The move to HHS from the Department of Corrections and Rehabilitation would put California closer in line with most others states.

California is currently one of the ten states whose juvenile justice division falls under a state corrections agency; 40 states operate like what Gov. Newsom is proposing. California Surgeon General Dr. Nadine Burke Harris says the new model will help address early childhood trauma and prevent young people from having run-ins with the law.

“Really looking at what we can do for our young folks who are most vulnerable is really critical,” said Dr. Harris.

Orange County Juvenile Defense Attorney

At the Law Offices of Katie Walsh, we will continue to follow this story as it develops in the coming months. Juvenile defense attorney Katie Walsh is committed to helping young people, and their loved ones overcome legal trouble. Please contact us today to learn more about how Attorney Walsh can advocate for your family.