Are schools open on Juneteenth California

On Thursday, June 17, 2021, President Joe Biden signed the Juneteenth National Independence Day Act, (the “Juneteenth Act”) into law to recognize the end of slavery in the United States.  This new law adds Juneteenth, which takes place on June 19th of every year, to the list of federally recognized holidays. Because Juneteenth falls on a Saturday this year, non-essential federal government offices and services are closed for the day and federal government employees are observing the holiday (and receiving their paid holiday) a day early.  However, California public school and community college districts should consider the following in treating Juneteenth as a paid holiday this year.

Currently, California public school and community college district are most likely not required to close and provide a paid holiday for Juneteenth.  In California, public schools and community colleges must close and give employees a paid holiday on specific days identified in the Education Code.  In addition to the more familiar holidays, such as Memorial Day, Labor Day, and Thanksgiving, public school and community college district must observe any day “appointed by the President” as a “public fast, thanksgiving or holiday.”

Although at first glance it may appear that President Biden’s signing the Juneteenth Act satisfies these requirements, the California Supreme Court has held that a “public fast, thanksgiving or holiday” refers to a “non-recurring” holiday, such as a day of mourning following the death of a president.  Juneteenth is a recurring holiday and thus not a mandatory paid holiday under the Education Code. Moreover, all prior cases on this issue dealt with presidential proclamations.  In contrast, the Juneteenth Act is an act of Congress that merely amends the list of federal holidays in the United States Code.  The President’s signature on that act does not appear to be a presidential declaration of a “public fast, thanksgiving or holiday.”  Employees and their representatives may argue that the enactment of a law should be treated no differently than a proclamation for purposes of determining school closures and paid holidays, but the Education Code requires public schools and community college districts to adopt the holidays appointed by the President—not Congress.  Based on this interpretation, California public schools and community college districts are not required to close down or provide a paid holiday this year for Juneteenth.

California public school and community college districts should weigh the risks in considering whether to close down and provide a paid holiday to employees in honor of Juneteenth.  A school that provides a paid holiday today when it was not obligated to do so may have to address issues relating to unanticipated costs, providing unauthorized paid time off, payroll issues, potentially disgruntled employees and even an allegation of making a gift of public funds argument.   The failure to bargain with labor organizations before instituting a new holiday further complicates matters, as holidays are a mandatory subject of bargaining.

On the other hand, if a school or community college district remains open when it should not have, its Board of Trustees can remedy the situation by providing a floating holiday or other benefit to provide a paid day off in the future, and incorporate the Juneteenth holiday into the academic calendar moving forward.  In the meantime, public school and community college districts may acknowledge the importance and historical significance of Juneteenth and reiterate their commitment to diversity, equity, and inclusion.  California has designated Juneteenth as a day of observance since January 1, 2004, “to honor and reflect on the significant roles that African-Americans have played in the history of the United States.”

If clients have any further questions regarding the above information, Liebert Cassidy Whitmore attorneys are available to resolve any doubts.

In the late afternoon of Thursday, June 17, 2021, President Joe Biden signed S.475 into law, establishing Juneteenth National Independence Day, June 19, as a legal public holiday. Established as the 12th federal holiday, Juneteenth commemorates the end of slavery in the United States.

At the federal level, the Office of Personnel Management announced Thursday that Federal workers will begin observing Juneteenth immediately. Because June 19 falls on a Saturday, the Office of Personnel Management indicated that “most federal employees will observe the holiday tomorrow, June 18th.” But what does this mean for California public school employees and students?

In California, public school holidays are governed by the Education Code, which sets forth a list of holidays on which public schools must close. In addition to the enumerated holidays such as Memorial Day and Labor Day, the law also requires school closure on all days “appointed by the President as a public fast, thanksgiving, or holiday, unless it is a special or limited holiday.” (Ed. Code § 37220(a)(12) [K-12 districts]; 79020(d) [community college districts].) The underlined language is referenced in Sections 45203 [K-12 districts] and 88203 [community college districts], pertaining to paid holidays. Because Juneteenth National Independence Day was established by way of a legislative act as opposed to an executive act of “appoint[ment] by the President,” it does not fall within the scope of Sections 37220(a)(12) and 79020(d). As such, absent statutory authority, public schools are not required to close on the newly established Juneteenth holiday following the enactment of S.475, nor must K-12 and community college districts declare it a paid holiday for their employees.

However, the California Legislature or the Governor could yet take action to establish Juneteenth as a state public holiday, which could trigger school closure and compensation for a paid holiday. For instance, if the California Legislature amends the Education Code to add Juneteenth into the list of public school holidays, then schools will be required to observe the holiday. Additionally, if the Governor appoints Juneteenth as a state public holiday, then schools will be required to close pursuant to Section 37220(a)(11) for K-12 districts and Section 79020(c) for community college districts.

Since 2004, the third Saturday in June of each year has been desginated, “Juneteenth National Freedom Day: A day of observance.” (Gov. Code,§ 6719.) But this is not a state paid holiday. On Thursday, Governor Newsom’s office noted that legislation and collective bargaining would be needed before Juneteenth became a paid holiday for California public employees. A spokesperson for the California Government Operations Agency also stated that creating a state holiday for Juneteenth in California would require legislation and, as a state holiday, it would be the subject of mandatory collective bargaining with employee groups. As of __________ PM on June 17, 2021, the Governor has not taken any last-minute action to declare Juneteenth observance for June 18, 2021 in California.

It is also prudent to review board policies and collective bargaining agreements at each district to determine that a particular district is not required to observe more holidays than those required and recognized under the Education Code. For instance, if a contract language or policy defines holidays to include those that are established by federal and state law, then the District will be required to observe Juneteenth immediately.

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