With the 2025–26 school year underway, new legal requirements for California public schools are now in effect. These changes span instructional supports, student health and safety, transportation, governance, and employee training.
This legal update highlights significant new California laws that charter school leaders need to be aware of as they plan for the school year. It also provides practical context for implementation, recognizing that compliance often intersects with staffing, board governance, and day-to-day operations.
Starting this school year, California public schools including charters must annually assess each student in grades K-2 for risk of reading difficulties, including dyslexia (unless the student’s parent/guardian opts out in writing). (Ed. Code, § 53008 et seq.) The screening instrument(s) that schools use this year must include one or more screening instrument(s) adopted by the California Department of Education (CDE) and be adopted by the school’s governing board. Schools will also provide notice and information about the screening to families, including the date(s) of screening and opt-out instructions, at least 15 days before the screening is administered.
Screening is for both English-speaking students and non-English speaking students, to the extent assessments in those other languages are available. Where a screening instrument is not available in at least one language in which the student is proficient, the student’s risk for reading difficulties must be evaluated through a multi-factor analysis including of their developmental history, educational history, and literacy progress. Students may be exempted from screening if they already have a current identification or diagnosis of a reading difficulty, reading disorder, or other disability; if they have an IEP or Section 504 Plan; or if they are being assessed for special education or Section 504 eligibility and such screening would be redundant.
In determining when exactly to administer screening, schools have some discretion but must consider whether students have received sufficient instruction in foundational reading skills to support a valid assessment. Schools must share the assessment results with the parent/guardian within 45 calendar days from when the assessment was administered.
Since Senate Bill 88 (SB 88) was approved in October 2023, charters have been preparing for the upcoming requirements for drivers providing school-related pupil transportation, which affects rideshare companies commonly used by schools as well as any other paid student drivers. As of July 1, 2025, the SB 88 requirements are in effect. (Ed. Code, § 39875 et seq.)
All drivers employed by a local educational agency, contracted by a local educational agency, or contracted by any entity with funding from a local educational agency providing school-related pupil transportation for compensation must now have certain qualifications and meet certain requirements, unless an exemption applies. The requirements are robust, including but are not limited to being subjected to and complying with drug and alcohol testing, completing a medical examination within the last 2 years, submitting and clearing a tuberculosis risk assessment, vehicle inspections, and much more.
Most schools will use the exemption that permits school employees to provide transportation to students as part of supervision for a field trip, extracurricular activity, or athletic program and transporting students for other activities without meeting the SB 88 requirements. To meet the exemption, the school must first make a reasonable effort to secure a driver who does meet the requirements; if no such driver can be secured, the school must provide notice to parents/guardians/court-appointed educational rights holders of the student(s) being transported that the driver does not meet the requirements (unless such notice would jeopardize a pupil’s privacy rights); and the employee driver must not exceed 40 hours of drive time per school year. Parents and relatives who drive their own children are also exempt from SB 88’s requirements.
Starting this school year and continuing through the 2029-30 school year, public schools including charters serving students in any of grades 7-12 must annually provide and require at least one (1) hour of LGBTQ+ cultural competency training. (Ed. Code, § 218.3.) This training is only required for teachers and other certificated employees serving students in grades 7-12. Most charters will use the training developed by CDE for this purpose, or schools may use an alternative training if it is substantially similar and covers all legally required training components.
This training must be completed during paid time during employees’ regular work hours or designated professional development hours, unless otherwise negotiated and mutually agreed upon in accordance with any collective bargaining agreement. Charters should be sure to maintain appropriate records documenting compliance with this training requirement, as the law mentions CDE will evaluate compliance as part of its annual monitoring of state and federal programs (FPM).
As of July 1, 2025, annual mandated reporter training now specifically includes training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs. (Ed. Code, § 44691.) Schools may use the online training module provided by the California Department of Social Services for this purpose. As a reminder, all school personnel who are mandated reporters must complete mandated reporter training within the first six (6) weeks of each school year or within six (6) weeks of being hired.
After five years of the Legislature pushing back the deadline, the new early childhood education qualifications are in effect now for all California public school Transitional Kindergarten (TK) teachers. As of August 1, 2025, all credentialed teachers must have one of the following:
(A) at least 24 units in early childhood education, childhood development, or both;
(B) professional experience in a classroom setting with preschool age children that is comparable to the 24 units described in A, in accordance with criteria established by the LEA’s governing board; or
(C) a child development teacher permit or early childhood education specialist credential issued by the California Commission on Teacher Credentialing. (Ed. Code, § 48000(g)(4).)
There is an exception for teachers first assigned to a TK classroom on or before July 1, 2015.
We note that many schools are relying on their TK teachers’ existing professional experience to meet this requirement in accordance with subdivision (B) above. If your school intends to use that flexible route to meet the new early education component, just remember that appropriate documentation via a board policy is key.
In addition, starting this school year, schools must maintain a 1:10 adult-to-pupil ratio in TK classrooms—a shift from the previous requirement of 1:12. (Ed. Code, § 48000(g)(2)-(3).)
As a reminder, charter school governing board members serving as of January 1, 2025 must receive at least two (2) hours of training in general ethics principles and ethics laws relevant to their public service before January 1, 2026. Board members must continue to receive this training thereafter at least once every two years. (Gov. Code, § 53234 et seq.) This training is the same one that has long been required for school district and other local public agency board members, commonly referred to as “AB 1234” training. It was extended to apply to charter school board members by Assembly Bill 2158 (2022). Our Procopio Education practice group attorneys regularly provide this ethics training tailored to charter schools, and governing board members can also receive the training through various other sources including the California Fair Political Practices Commission’s (FPPC) online ethics training module for local officials.
As of January 1, 2025, all public schools serving students in grades 7-12 must ensure that comprehensive sexual health education and HIV prevention education includes information about the resources available to pupils related to adolescent relationship abuse and intimate partner violence. (Ed. Code, § 51934.) This includes, but is not limited to, the National Domestic Violence Hotline and local domestic violence hotlines that are available 24-7 and provide confidential support services for students that have experienced domestic violence or stalking.
Starting this school year, California public schools including charters must ensure that the resources related to neurodiversity developed by the University of California and California State University Collaborative for Neurodiversity and Learning are readily accessible in a prominent location on the school’s internet website in a manner that is easily accessible to parents or guardians and pupils. (Ed. Code, § 234.6.)
Note that the online training module on bullying developed by CDE, which charters are already required to make available to employees, now also includes information on how to support students who are bullied for being or being perceived as neurodivergent. (Ed. Code, § 32283.5.)
As of July 1, 2025, LEAs including charters that serve any of grades 7-12 and issue student identification cards must include the number for the 988 Suicide and Crisis Lifeline on the card. (Ed. Code, § 215.5.) However, this requirement only applies to student identification cards that are issued for the first time to a student or to a card that is reissued to replace a student’s damaged or lost card. Charters that have a pre-existing supply of unissued student identification cards that do not comply with this requirement may also use up those cards first.
As of July 1, 2025, schools may also include a QR code that links to the mental health resources internet website of the county in which the school is located.
Many charter schools maintain automated external defibrillators (AEDs), a portable device used to treat individuals experiencing sudden cardiac arrest; and public schools are required to maintain an AED if they offer any interscholastic athletic program. (Ed. Code, § 35179.6.) As of January 1, 2025, LEAs serving any of grades 6-12 that have an AED on campus must now notify students as to the location of all AED units on campus at least annually. (Health & Safety Code, § 1797.196.) As a reminder, schools are already required to notify their employees regarding the location of all AED units on campus per Health & Safety Code section 1797.196.
Starting this school year, all school districts and charter schools must provide students and their families with information about the California Kids Investment and Development Savings Program (CalKIDS), along with the student’s potential eligibility for that benefit. (Ed. Code, § 51225.7(b)(2).) Certain California students may be eligible for a CalKIDS scholarship, which can be worth up to $1,500. Families can verify their students’ eligibility by visiting CalKIDS.org.
Before January 31, 2026, LEAs serving pupils in any of grades 7-12 must adopt a policy on referral protocols for addressing pupil behavioral health concerns. (Ed. Code, § 49428.2.) The policy must be adopted at a regularly scheduled meeting of the governing board and be developed in consultation with school and community stakeholders and school-linked behavioral health professionals. The policy must also address procedures relating to referrals to behavioral health professionals and support services, the needs of certain high-risk student groups (e.g., pupils bereaved by death or loss of a close family member or friend, pupils experiencing homelessness, and more), and any training that may be provided to teachers of students in grades 7-12 on pupil behavioral health.
CDE has posted a model policy on its website intended to serve as a guide for LEAs, but most schools will likely need to tailor this for their own programs.
Since 2018, California has required LEAs to adopt the Attorney General’s model policies on limiting assistance with immigration enforcement, commonly referred to as “AB 699” policies. (Ed. Code, § 234.7.) Now, by March 1, 2026, LEAs must update their AB 699 policies to reflect and incorporate various changes recently made by the legislature. (Assembly Bill 49, 2025.) Schools are now expressly prohibited from allowing an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of a school site for any purpose absent a valid judicial warrant, judicial subpoena, or court order; and any school official or employee must request a valid identification from the officer or employee of the agency conducting the immigration enforcement to the extent practicable. Additionally, schools must not disclose the education records of—or in fact any information at all—about a pupil or their family/household without the pupil’s parent/guardian’s written consent, a school employee, or a teacher, to an officer or employee of an agency conducting immigration enforcement absent a valid judicial warrant, judicial subpoena, or court order directing the school or its personnel to do so. Protected information would specifically include information about a pupil’s home and travel schedule.
The law requires the Attorney General to update the model policies posted on its website to reflect these new requirements no later than December 1, 2025. Schools should look toward calendaring the update of their AB 699 policies between around then and March 1.
Schools including charters serving grades 9-12 were formerly required to begin offering at least a one-semester course in ethnic studies starting in the 2025-26 school year. However, implementation of this requirement was conditioned on the appropriation of funding by the Legislature, which was not included in this year’s annual budget. As such, schools are currently not required to provide a one-semester course in ethnic studies this school year.
As a reminder, all California public schools are required to annually provide notification to families of the laws related to the safe storage of firearms at the beginning of each school year. (Ed. Code, §§ 48986, 49392.) This has been a requirement since the 2023-2024 school year but deserves reemphasis in light of ongoing nationwide concerns related to school safety.
The above list is not exhaustive of all requirements affecting charters in the 2025-26 school year. If you have any questions about these new requirements or other legal requirements may impact your charter school this school year, please feel free to reach out to any of us in our Education Practice.
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