LCW Best Practices Timeline – May 2020

CATEGORY: Private Education Matters
CLIENT TYPE: Private Education
DATE: May 29, 2020

Each month, LCW presents a monthly timeline of best practices for private and independent schools.  The timeline runs from the fall semester through the end of summer break.  LCW encourages schools to use the timeline as a guideline throughout the school year.


  • Complete hiring of new employees for next school year.
  • Complete hiring for any summer programs.
  • If service agreements expire at the end of the school year, review service agreements to determine whether to change service providers (e.g. janitorial services if applicable).

Employees of a contracted entity are required to be fingerprinted pursuant to Education Code sections 33192, if they provide the following services:

◦ School and classroom janitorial.

◦ School site administrative.

◦ School site grounds and landscape maintenance.

◦ Pupil transportation.

◦ School site food-related.

A private school contracting with an entity for construction, reconstruction, rehabilitation, or repair of a school facilities where the employees of the entity will have contact, other than limited contact, with pupils, must ensure one of the following:

◦ That there is a physical barrier at the worksite to limit contact with pupils.

◦ That there is continual supervision and monitoring of all employees of that entity, which may include either:

– surveillance of employees of the entity by School personnel; or

– supervision by an employee of the entity who the Department of Justice has ascertained has not been convicted of a violent or serious felony (which may be done by fingerprinting pursuant to Education Code section 33192).  (See Education Code section 33193).

If conducting end of school year fundraising:

  • Raffles:

Qualified tax-exempt organizations, including nonprofit educational organizations, may conduct raffles under Penal Code section 320.5. 

In order to comply with Penal Code section 320.5. raffles must meet all of the following requirements  

Each ticket must be sold with a detachable coupon or stub, and both the ticket and its associated coupon must be marked with a unique and matching identifier.

Winners of the prizes must be determined by draw from among the coupons or stubs.  The draw must be conducted in California under the supervision of a natural person who is 18 years of age or older

At least 90 percent of the gross receipts generated from the sale of raffle tickets for any given draw must be used by to benefit the school or provide support for beneficial or charitable purposes. 

  • Auctions:

The school must charge sales or use tax on merchandise or goods donated by a donor who paid sales or use tax at time of purchase. 

◦ Donations of gift cards, gift certificates, services, or cash donations are not subject to sales tax since there is not an exchange of merchandise or goods. 

◦ Items withdrawn from a seller’s inventory and donated directly to nonprofit schools located in California are not subject to use tax. 

Ex:  If a business donates items that it sells directly to the school for the auction, the school does not have to charge sales or use taxes.  However, if a parent goes out and purchases items to donate to an auction (unless those items are gift certificates, gift cards, or services), the school will need to charge sales or use taxes on those items.


  • Conduct exit interviews

Conduct at the end of the school year for employees who are leaving (whether voluntarily or not).  These interviews can provide great information about staff perspective and can be used to help defend a lawsuit if a disgruntled employee decides to sue. 


  • Update Employee and Student/Parent Handbooks:

The handbooks should be reviewed at the end of the school year to ensure that the policies are legally compliant, and consistent with the employee agreements, and the tuition agreements that were executed.  The school should also add any policies that it would like to implement.

Conduct review of the school’s Bylaws (does not necessarily need to be done every year).               

Review of insurance benefit plans:

Review the school’s insurance plans, in order to determine whether to change insurance carriers.  Insurance plans expire throughout the year depending on your plan.  We recommend starting the review process at least three months prior to the expiration of your insurance plan.

Workers Compensation Insurance plans generally expire on July 1.

Other insurance policies generally expire between July 1 and December 1.


Conduct staff trainings, which may include:

Sexual Harassment Training:

A school with five or more employees, including temporary or seasonal employees, must provide sexual harassment training to both supervisory and nonsupervisory employees every two years.  Supervisory employees must receive at least two hours and nonsupervisory employees must receive at least one hour of sexual harassment training. (California Government Code § 12950.1.)

Mandated Reporter Training:

Prior to commencing employment, all mandated reporters must sign a statement to the effect that they have knowledge of the provisions of the Mandated Reporter Law and will comply with those provisions. (California Penal Code § 11166.5.)

Risk Management Training such as Injury, Illness Prevention, and CPR.

Distribute Parent/Student Handbooks and collect signed acknowledgment of receipt forms, signed photo release forms, signed student technology use policy forms, and updated emergency contact forms.