California AB 395

Existing law designates specific days as holidays in this state. Existing law designates holidays on which public schools are required to close. This bill would require, commencing with the 2027–28 school year, the governing board of a school district, a county office of education, or the governing body of a charter school to consider making efforts to avoid scheduling the first day of class and high school graduation, if applicable, on a date for which the governing board of the school district, the county office of education, or the governing body of the charter school knows, or has reason to know, that members of the public would be unable to participate or be present due to the ritual observance of a religious, cultural, or ancestral holiday. The bill would require the governing board of a school district, a county office of education, or the governing body of a charter school, in considering and making a determination of which dates to avoid, to actively seek input from the affected community and consider any other relevant sources to ensure inclusive public participation. The Donahoe Higher Education Act sets forth the missions and functions of California's public segments of higher education and their respective institutions of higher education. The California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and the University of California, under the administration of the Regents of the University of California, are 3 of the segments. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California act, by appropriate resolution, to make them applicable. This bill would require, commencing with the 2027–28 academic year, the governing board of a community college and the California State University, and would request the University of California, to make good faith, reasonable efforts, when developing academic calendars, to avoid calendaring an institutional event, as defined, on a date for which the institution of higher education knows, or has reason to know, that members of the public would be unable to participate or be present due to the ritual observance of a religious, cultural, or ancestral holiday. The bill would require the governing board of a community college and the California State University, and would request the University of California, in considering and making a determination of which dates to avoid, to seek input from the student and faculty organizations on campus. The Bagley-Keene Open Meeting Act and the Ralph M. Brown Act require, with specified exceptions, that all meetings of specified governmental bodies be open and public and all persons be permitted to attend. Existing law prohibits a state agency, as defined, or a legislative body of a local agency, as defined, from conducting any meeting, conference, or other function in any facility that prohibits the admittance of any person, or persons, on the basis of ancestry or a specified characteristic, that is inaccessible to disabled persons, or where members of the public may not be present without making a payment or purchase. This bill would require a state agency to make good faith, reasonable efforts to avoid conducting any meeting, conference, or other function on a date for which the state agency knows, or has reason to know, that members of the public would be unable to participate or be present due to the ritual observance of a religious, cultural, or ancestral holiday, including, among others, Eid al-Adha, Rosh Hashanah, and Diwali. The bill would also encourage a legislative body of a local agency to consider making efforts to avoid conducting any meeting, conference, or other function on a date for which the legislative body knows, or has reason to know, that members of the public would be unable to participate or be present due to the ritual observance of a religious, cultural, or ancestral holiday, including, among others, the holidays listed above. By imposing new duties on school districts and community college districts, the bill would impose a state-mandated local program. This bill would authorize a person who has suffered harm as a result of a violation of certain of the above provisions to bring a civil action for injunctive relief, as provided. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.