Amended
IN
Assembly
March 16, 2021 |
Amended
IN
Assembly
January 21, 2021 |
Amended
IN
Assembly
January 12, 2021 |
Introduced by Assembly Member Lorena Gonzalez |
December 11, 2020 |
(4)Existing law establishes the California Collaborative for Educational Excellence to advise and assist school districts, county
superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan.
This bill would establish the COVID-19 Student Learning Recovery Act of 2021 for the benefit of certain disadvantaged pupil groups who have faced adverse learning and social-emotional circumstances as a result of the COVID-19 pandemic. The bill would require the Superintendent of Public Instruction to allocate funding to school districts, county offices of education, and charter schools, as specified. The bill would require, on or before May 1, 2021, the
funding recipients, with assistance from the State Department of Education and the California Collaborative for Educational Excellence, to develop a plan to implement a tiered level of instructional programs that supplement regular instructional programs and a tiered level of support interventions designed to meet the behavioral, social, emotional, and basic needs of eligible pupils. The bill would require those supplemental instruction and supports to be provided to pupils in person, except as specified. The bill would require the funding recipients to, among other things, provide specific supports to English learners and pupils who are individuals with exceptional needs and provide meals and snacks to all participating pupils. The bill would
require funding recipients to report data to the Superintendent and the department to report data to the Legislature, on the program. By imposing additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.
(5)
(a)Notwithstanding any other law, a local educational agency, as defined in subdivision (n), shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a migratory child, as defined in subdivision (a) of Section 54441, who transfers between schools any time after the completion of the pupil’s second year of high school, a pupil participating in a newcomer program, as defined in Section 51225.2, and who is in the pupil’s third or fourth year of high school, or a
pupil who was enrolled in the pupil’s third or fourth year of high school during the 2020–21 school year, from all coursework and other requirements adopted by the governing body that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agency’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.
(b)If the local educational agency determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, the pupil participating in a newcomer program, or a pupil who was enrolled in the pupil’s third
or fourth year of high school during the 2020–21 school year, is reasonably able to complete the local educational agency’s graduation requirements within the pupil’s fifth year of high school, the local educational agency shall do all of the following:
(1)Inform the pupil of the pupil’s option to remain in school for a fifth year to complete the local educational agency’s graduation requirements.
(2)Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the local educational agency’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution.
(3)Provide
information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the local educational agency’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c)To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil who was enrolled in the pupil’s third or fourth year of high school during the 2020–21 school year, is, or was during the 2020–21
school year, in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupil’s school enrollment may be used, whichever will qualify the pupil for the exemption. In the case of a pupil participating in a newcomer program, enrollment in grade 11 or 12 may be used to determine whether the pupil is in the pupil’s third or fourth year of high school.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability
of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person
holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3)(A)Within 30 calendar days of the
date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this
section.
(4)(A)Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupil’s parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of “children of military families” under Section
49701, if the pupil otherwise qualifies for the exemption pursuant to this section.
(5)(A)Within 30 calendar days of the date that a pupil who is a migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupil’s parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the
definition of “migratory child” if the pupil otherwise qualifies for the exemption pursuant to this section.
(6)(A)Within 30 calendar days of the date that a pupil participating in a newcomer program who may qualify for the exemption from local graduation requirements pursuant to this section commences participation in a newcomer program at a school, the local educational agency shall notify the pupil and the pupil’s parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section
once notified, even if that notification occurs after the pupil no longer meets the definition of a “pupil participating in a newcomer program” if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, a pupil participating in a newcomer program, or a pupil who was enrolled in the pupil’s third or fourth year of high school during the 2020–21 school year, is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of the pupil’s fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the
school, a school, including a charter school, or school district shall not require or request that the pupil graduate before the end of the pupil’s fourth year of high school.
(f)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, a pupil participating in a newcomer program, or a pupil who was enrolled in the pupil’s third or fourth year of high school during the 2020–21 school year, is exempted from local graduation requirements pursuant to this section, the local educational agency shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupil’s ability to gain admission to a postsecondary educational
institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, a pupil participating in a newcomer program, or a pupil who was enrolled in the pupil’s third or fourth year of high school during the 2020–21 school year, who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which the pupil is otherwise eligible, including courses necessary to attend an institution of higher education,
regardless of whether those courses are required for statewide graduation requirements.
(h)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, a pupil participating in a newcomer program, or a pupil who was enrolled in the pupil’s third or fourth year of high school during the 2020–21 school year, is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a local educational agency shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile
court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, a pupil participating in a newcomer program, or a pupil who was enrolled in the pupil’s third or fourth year of high school during the 2020–21 school year, is exempted from local graduation requirements pursuant to this section, a local educational agency shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(2)If a pupil who is a homeless child or youth
is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(3)If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(4)If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption
shall continue to apply after the pupil no longer meets the definition of “children of military families” under Section 49701 while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(5)If a pupil who is a migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of “migratory child” while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(6)If a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer
meets the definition of a “pupil participating in a newcomer program” while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(7)If a pupil who was enrolled in the pupil’s third or fourth year of high school during the 2020–21 school year is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(k)A local educational agency shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a
migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3)A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(4)A pupil who is a child of a military family, or the pupil’s parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(5)A pupil who is a migratory child, or the pupil’s parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m)(1)A complaint of
noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the
affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(n)For purposes of this section, the following terms have the following meanings:
(1)“Governing body” means the governing board of a school district or the governing body of a charter school, as applicable.
(2)“Local educational agency” means a school district or charter school.
This article shall be known, and may be cited, as the COVID-19 Student Learning Recovery Act of 2021.
The Legislature finds and declares all of the following:
(a)On March 4, 2020, a state of emergency was declared by the Governor in response to the outbreak of novel coronavirus, known as COVID-19. On March 19, 2020, the Governor issued a Stay at Home Order to contain the spread of COVID-19, which resulted in unprecedented school closures across the state.
(b)As a result of the Stay at Home Order, many school districts have transitioned to distance learning models that are often reliant on online methods that require the use of electronic devices and internet access.
(c)According to the Public Policy Institute of California, 16
percent of school-aged children in California do not have any internet access at home, and 27 percent do not have a high-speed connection, meaning they rely on slower connections like dial-up or satellite. In addition, nearly 10 percent access the internet with a cellular data plan, which usually means slower speeds and suggests they are relying solely on a smart phone or tablet.
(d)According to the Pew Research Center, the lack of sufficient devices and the lack of reliable internet service increases the probability that pupils will not be able to complete their schoolwork, and increases the probability that pupils will become disengaged. In fact, there is evidence that finds pupils without access to a computer at home are less likely to graduate from high school when compared to those who do.
(e)According to a recent poll of California parents conducted by the Education-Trust West, low-income parents in California are most likely to rate distance learning as unsuccessful compared to higher income parents.
(f)Inability to consistently engage with school, either because of insufficient technology or personal circumstances, results in pupil absenteeism. Evidence from Policy Analysis for California Education at Stanford University indicates absenteeism to most deeply affect academic and social outcomes for low-income and other disadvantaged pupils.
(g)Mounting evidence from various research organizations indicates the need for robust interventions to make up for lost learning time during the COVID-19 crisis,
especially among our most vulnerable pupils.
(h)Research by the RAND Corporation has shown that quality summer learning programs can combat learning loss when operated at least five consecutive days, six hours per day or more, in partnership with teachers and community partners. Additionally, a study of summertime experiences of youth by the National Academies of Sciences, Engineering, and Medicine found that youth need a balance of structured and unstructured activities for optimal development.
(i)Additionally, given the unprecedented economic, social, and health impacts of COVID-19, many pupils may face added family
responsibilities that detract from completing their education. This includes, but is not necessarily limited to, caretaking for an ill family member, working to supplement the household income, and taking on childcare responsibilities.
(j)Therefore, it is imperative that the state make an effort to hold pupils harmless due to circumstances that are out of their control as a result of the COVID-19 crisis.
(k)The purpose of this article is to provide learning and social-emotional recovery opportunities for pupils who have faced adverse learning and social-emotional circumstances as a result of the COVID-19 pandemic.
The following definitions apply to this article:
(a)“Disengaged pupil” means a pupil identified for tiered reengagement strategies pursuant to paragraph (2) of subdivision (f) of Section 43504, as that section read on September 18, 2020.
(b)“Local educational agency” means a school district, county office of education, or charter school.
(c)“School reopening safety plan” means a plan required of a local educational agency pursuant to guidance adopted by the State Department of Public Health, public health order, or statute.
(d)“Supplemental instruction” means the instructional programs provided in addition to and complementary to the regular instructional programs offered or provided by a local educational agency.
(e)“Support” means the interventions designed to meet the behavioral, social, emotional, and basic needs of pupils that are necessary for pupils to engage in and benefit from the supplemental instruction provided pursuant to this article.
Subject to an appropriation for purposes of this article, the COVID-19 Student Learning Recovery Act of 2021 Program is hereby established to allocate funds to local educational agencies to provide supplemental instruction and support services to eligible pupils described in Section 54816, with targeted and intensive support for the eligible pupils experiencing the greatest challenges resulting from the COVID-19 pandemic.
(a)Commencing with the regularly scheduled school break in the summer between the 2020–21 and 2021–22 academic years and continuing through the 2021–22 academic year, a local educational agency shall, as a condition of receiving funding allocated by this article, offer supplemental instruction and support described in Section 54815 to eligible pupils described in Section 54816. Except as otherwise provided in subdivision (b), the local educational agency shall offer the supplemental instruction and support to the eligible pupils in person and shall follow safety protocols as approved in the local educational agency’s school reopening safety plan.
(b)The
following are allowable alternatives to the in-person supplemental instruction and support described in subdivision (a):
(1)If a public health directive or order prohibits a school campus from reopening, the local educational agency shall provide supplemental instruction and support to eligible pupils returning to campus in small cohorts, as defined in current public health guidance published by the State Department of Public Health. If eligible pupils are unable to return to campus in small cohorts, supplemental instruction and support shall be provided in the form of distance learning and support.
(2)If an eligible pupil is unable to receive in-person supplemental instruction and support due to the pupil’s health-related restriction, a local educational agency shall provide supplemental
instruction and support in the form of distance learning and support to that pupil.
(a)A local educational agency allocated funding under this article shall implement a tiered program of supplemental instruction and support that offers, at a minimum:
(1)For all eligible pupils: academic instruction based on pupil needs, with specific supports for English learners and pupils who are individuals with exceptional needs; behavioral and social-emotional support; and meals and snacks pursuant to paragraph (1) of subdivision (b). It is the intent of the Legislature that this instruction be provided in an active and engaging manner in a positive school climate, integrating instruction in subjects such as visual and performing arts, science,
technology, engineering, world languages, physical education, and career technical education, and instruction through outdoor and environmental education, project-based learning, career exploration and work-based learning, service-learning, opportunities for organized physical recreation, and enrichment activities.
(2)For eligible pupils needing supports in addition to those provided pursuant to paragraph (1): targeted supports to meet those pupils’ academic, behavioral, and social-emotional needs, such as targeted small group instruction; counseling in academic, career, personal, and social development; mental health services; and referrals for support for basic family needs.
(3)For eligible pupils needing supports in addition to those provided pursuant to paragraphs
(1) and (2): intensive supports to meet those pupils’ academic, behavioral, and social-emotional
needs, such as individual instruction or tutoring; mental health services; multi-disciplinary planning; and referrals for additional supports.
(b)A local educational agency allocated funding pursuant to this article shall provide both of the following:
(1)Meals and snacks to participating pupils to the maximum extent permissible under the guidelines of the United States Department of Agriculture.
(2)A program of professional development for participating staff and a common planning time.
(c)A local educational agency allocated funding pursuant to this article is strongly encouraged to do both of the following:
(1)Participate in the Local Educational Agency Medi-Cal Billing Option Program and the School-Based Medi-Cal Administrative Activities Program for eligible pupils.
(2)Engage, plan, and collaborate on program operation with community partners, including local public agencies and community-based organizations, leverage existing behavioral health partnerships, and partner with expanded learning programs such as the After School Education and Safety Program (Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1) and 21st Century Community Learning Centers programs (Article 22.6 (commencing with Section 8484.7) of Chapter 2 of Part 6 of Division 1 of Title 1) in the design and implementation of the tiered program of supplemental instruction and
support.
(a)A pupil who needs supplemental instruction and support is eligible for those services if the pupil is one or more of the following:
(1)An English learner, a low-income pupil eligible for a free or reduced-price meal, a foster youth, or a homeless child or youth. For purposes of this section, the definitions in Section 42238.01 of an English learner, a pupil eligible for a free or reduced-price meal, and a foster youth, and the definition in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2) et seq.) of a homeless child or youth, shall apply.
(2)A
disengaged pupil.
(3)A migrant pupil. For purposes of this section, “migrant pupil” has the same meaning as “currently migratory child” defined in Section 54441.
(b)Eligible pupils described in subdivision (a) with one or both of the following criteria shall be given priority for supplemental instruction and support services:
(1)Pupils at risk of not fulfilling the requirements for high school graduation.
(2)Pupils in kindergarten and grades 1 to 3, inclusive.
(3)Pupils who did not enroll in kindergarten as scheduled in the 2020–21 academic year.
(a)On or before April 1, 2021, the department shall do both of the following:
(1)Develop a supplemental instruction and support plan template for use by local educational agencies. The template shall build upon the learning continuity and attendance plan template developed pursuant to Section 43509 and shall include a section requiring a local educational agency to explain how it will coordinate funds allocated pursuant to this article with federal elementary and secondary school emergency relief funds.
(2)Post the template described in paragraph (1) on the department’s internet website and
provide the template to local educational agencies.
(b)On or before April 1, 2021, the California Collaborative on Educational Excellence shall provide, in a method it determines, all of the following to local educational agencies:
(1)Guidance in the use of curricular resources.
(2)Best practices for contacting and reengaging disengaged pupils.
(3)Models for providing supplemental instruction and support based on current research.
(c)On or before May 1, 2021, a local educational agency shall develop a plan for offering supplemental instruction and support services pursuant to this article. In
developing the plan, the local educational agency shall do all of the following:
(1)Adhere to the department template developed pursuant to paragraph (1) of subdivision (a).
(2)Offer appropriate services aligned with the needs of eligible pupils. The determination of appropriate services may be informed by current research, the use of formative assessments, grades, surveys, existing data, teacher and counselor insight, and other tools.
(3)Consider information provided by the California Collaborative on Educational Excellence pursuant to subdivision (b).
(4)Consider unique challenges of working families when determining when and how to provide
supplemental instruction and support, including childcare considerations.
(5)Encourage parents and teachers to be involved in plan development.
(d)On or before May 15, 2021, a local educational agency shall communicate, at a regularly scheduled meeting of its governing board or governing body, the local educational agency’s plan for offering supplemental instruction and support services pursuant to this article, post the plan on the local educational agency’s internet website, and notify eligible pupils and their families of the available services, considering best practices for contacting and reengaging disengaged pupils provided to the local educational agency pursuant to paragraph (2) of subdivision (b).
(e)On or before June 1, 2021, each school district and charter school shall submit its plan for offering supplemental instruction and support services pursuant to this article to its county office of education. Each county office of education shall submit the plans it has received from school districts and charter schools, and the county office of education’s plan for offering supplemental instruction and support services, to the Superintendent, in a manner determined by the Superintendent.
Except as expressly approved by the Superintendent, a local educational agency shall use funding allocated pursuant this article only for the following supplemental instructional and support program purposes:
(a)Personnel necessary to staff the program.
(b)Professional development for personnel engaged in program services pursuant to this article, not to exceed 15 percent of the total amount allocated through the COVID-19 Student Learning Recovery Act of 2021 Program. Professional development may include, but is not limited to, the use of formative assessments to inform instructional interventions, differentiated instruction,
and trauma-informed approaches.
(c)Other costs of operating the program, such as costs associated with formative assessments, curriculum, and instructional materials.
(d)Costs associated with outreach to pupils and their parents to engage them in supplemental instruction and support.
(e)Administrative costs, not to exceed 5 percent of the total amount of funding allocated through the COVID-19 Student Learning Recovery Act of 2021 Program.
(a)On or before December 31, 2021, a local educational agency shall report interim data related to this article to the Superintendent in a method to be determined by the Superintendent, including both of the following:
(1)Expenditure data by allowable use.
(2)Pupil participation data separated by pupil subgroup, as described in Section 54816.
(b)(1)On or before January 1, 2022, the department shall report interim data related to this article, including the data described in paragraphs (1) and (2) of subdivision (a),
to the appropriate fiscal and policy committees of the Legislature.
(2)The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2026, pursuant to Section 10231.5 of the Government Code.
(3)The report prepared pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(c)On or before July 1, 2022, a local educational agency shall report data related to this article to the Superintendent in a method to be determined by the Superintendent, including both of the following:
(1)Expenditure data by use.
(2)Pupil participation data separated by pupil subgroup, as described in Section 54816.
(d) (1)On or before August 1, 2022, the department shall report data related to this article, including the data described in paragraphs (1) and (2) of subdivision (a), to the appropriate fiscal and policy committees of the Legislature.
(2)The requirement for submitting a report imposed under this subdivision is inoperative on August 1, 2026, pursuant to Section 10231.5 of the Government Code.
(3)The report prepared pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(a)The Superintendent shall allocate funding through the COVID-19 Student Learning Recovery Act of 2021 Program pursuant to this article no later June 1, 2021. For purposes of making this allocation, funding shall be apportioned proportionally on the basis of the eligible local educational agency’s supplemental and concentration grant funding determined as of the 2019–20 second principal apportionment certification, pursuant to subdivisions (e) and (f) of Section 42238.02 or paragraphs (2) and (3) of subdivision (c) of Section 2574, as applicable.
(b)A local educational agency shall serve with allocated funds received pursuant to this article at least ____
percent of pupils defined as eligible as defined by the local educational agency’s supplemental and concentration grant funding determined as of the 2019–20 second principal apportionment certification.
(c)A local educational agency shall expend at least 50 percent of allocated grant funds received pursuant to this article before the commencement of the 2021–22 academic year.
(d)Any funding allocated through the COVID-19 Student Learning Recovery Act of 2021 Program received pursuant this article not expended by a local educational agency by June 30, 2022, shall be subtracted from that local educational agency’s 2022–23 fiscal year apportionment from the State School Fund.
(e)Funds allocated to a local educational agency
pursuant to this article shall be used to supplement and not supplant any federal funding provided to a local educational agency for supplemental instruction and support to pupils resulting from school closures.