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Meeting Date:
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2/22/2023 - 6:00 PM
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Category:
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Business/Action Items
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Type:
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Action
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Subject:
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18.7 (Original 18.6) Review and Potential Approval of SELF Second Assessment for District's Contribution to Revived Liability Funding Plan, Arising from AB 218 Retroactive Liability for Sexual Assault Cases Imposed by Law
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LCAP (Local Control Accountability Plan) Goal:
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Enclosure
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File Attachment:
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Summary:
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AB 218, known as the California Child Victims Act, went into effect January 1, 2020. AB 218 provides a three year period (until December, 2022) during which a claim for childhood sexual assault can be filed against a school district regardless of when an event occurred. It retroactively extends the statute of limitations and "revived" expired claims, and tripled potential damages. These revived claims are being filed statewide and the costs of additional litigation must be funded. Although the District has only received one claim to date, which is being handled absent litigation, the District is a member of School Excess Liability Fund (SELF), covering all claims in excess of $5 million for the pool of district members. As a member, we agreed to pay contributions to SELF to fund excess liabilities, including those retroactively imposed by law such as AB218. Further details regarding this allocation are located at: https://www.selfjpa.org/ab218res
An initial assessment to all SELF members was conducted June 2020 and approved for $46.7 million. The District's prior SELF contribution for this revived liability totaled $412,624.56. A second assessment was conducted on June, 2021. This second assessment is for $830,759.65. The allocation covers MDUSD's additional assessed risk as a member of this JPA. The representation was made when this bill was proposed in the legislature that it would have no fiscal impact on public agencies. This is far from being the case.
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Funding:
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General Fund
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Fiscal Impact
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$830,759.65
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Recommendation:
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Move to approve the invoice received from SELF for this fiscal year, for a total of $830,759,65, to cover MDUSD's portion of the SELF assessed contribution amount of the AB 218 Funding Plan for this fiscal year, to fund excess coverage for retroactive liability imposed by law.
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Approvals:
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Recommended By:
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Signed By:
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Cesar Alvarado - General Counsel
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Signed By:
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Dr. Lisa Gonzales - Chief Business Officer
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Signed By:
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Dr. Adam Clark - Superintendent
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Vote Results:
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| Original Motion | | Member Cherise Khaund Moved, Member Debra Mason seconded to approve the Original motion 'Move to approve the invoice received from SELF for this fiscal year, for a total of $830,759,65, to cover MDUSD''s portion of the SELF assessed contribution amount of the AB 218 Funding Plan for this fiscal year, to fund excess coverage for retroactive liability imposed by law.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0. | | The motion Carried 5 - 0 | | | | | Linda Mayo | Yes | | Debra Mason | Yes | | Cherise Khaund | Yes | | Keisha Nzewi | Yes | | Erin McFerrin | Yes | |
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