CHAPTER
1. In-Person Instruction and Learning Recovery Grants
43520.
(a) It is the intent of the Legislature that local educational agencies offer in-person instruction to the greatest extent possible during the 2020–21 school year, consistent with subdivision (b) of Section 43504, and, starting in the 2020–21 school year and continuing throughout the 2022–23 school year, expand in-person instructional time and provide academic interventions and pupil supports to address barriers to learning and accelerate progress to close learning gaps. The Legislature strongly encourages local educational agencies to prioritize pupils who would benefit the most from in-person instruction and who have been identified as needing integrated supports or academic interventions, including, but not limited to, pupils with disabilities, youth in foster care, homeless youth, English language
learners, pupils from low-income families, pupils without access to a computing device, software, and high-speed internet necessary to participate in online instruction, disengaged pupils, credit-deficient high school pupils, pupils at risk of dropping out, pupils with failing grades, and pupils identified as needing social and mental health supports.(b) It is the intent of the Legislature to review expenditure requirements for funds apportioned pursuant to subdivision (b) of Section 43521 before the end of the 2020–21 fiscal year and make any changes necessary to respond to conditions of the COVID-19 pandemic and COVID-19 adjusted case rates, both statewide and in any specific regions or hotspots.
43520.5.
For purposes of this chapter, the following definitions apply:(a) “Disengaged pupil” means a pupil identified for tiered reengagement strategies pursuant to paragraph (2) of subdivision (f) of Section 43504.
(b) “Eligible for free or reduced-price meals” has the same meaning as in Section 42238.01.
(c) “English learner” has the same meaning as in Section 42238.01.
(d) “Foster youth” has the same meaning as in Section 42238.01.
(e) “Homeless pupil” means a pupil who meets the definition of “homeless
children and youths” in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
(f) “In-person instruction” means as follows:
(1) For elementary schools, for kindergarten and grades 1 to 6, inclusive, as applicable, instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil.
(2) For middle schools and high schools, for grades 6 to 12, inclusive, as applicable, instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil or instruction provided by a certificated employee of the local educational agency to a pupil in
a classroom or other appropriate local educational agency facility under the general supervision of that certificated employee and the immediate physical supervision and control of another certificated or classified employee of the local educational agency.
(3) In-person instruction may include hybrid models offering fewer than five days per week of in-person instruction, as described in paragraphs (1) and (2), only if the local educational agency offers in-person instruction to the greatest extent possible pursuant to subdivision (b) of Section 43504.
(g) “Individual with exceptional needs” has the same meaning as in Section 56026.
(h) “Local educational agency” means a school district, county office of education, or charter school.
(i) “Pupils at risk
of abuse, neglect, or exploitation” means pupils who are so identified in a written referral from a legal, medical, or social service agency, or emergency shelter.
(j) “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.
(k) “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 chapter.
43521.
(a) The sum of six billion five hundred fifty-seven million four hundred forty-three thousand dollars ($6,557,443,000) is hereby appropriated from the General Fund to the Superintendent for apportionment in the 2020–21 fiscal year pursuant to this chapter.(b) Of the amount appropriated pursuant to subdivision (a), four billion five hundred fifty-seven million four hundred forty-three thousand dollars ($4,557,443,000) shall be apportioned to local educational agencies and state special schools in the following manner:
(1) A local educational agency shall receive one thousand dollars ($1,000) per homeless pupil enrolled in the 2020–21 fiscal year.
(2) A state special school shall receive seven hundred twenty-five dollars ($725) for each unit of average daily attendance as of the 2020–21 first principal apportionment certification.
(3) (A) The funds remaining after the apportionments in paragraphs (1) and (2) shall be apportioned proportionally on the basis of a local educational agency’s local control funding formula entitlement determined as of the 2020–21 first principal apportionment certification, pursuant to Sections 42238.02 and 42238.025, or subdivision (e) of Section 2574 or subdivision (a) of Section 2575, as applicable. For purposes of this paragraph, entitlements shall include apportionments allocated pursuant to Section 41544 and Article 7 (commencing with Section 48300) of Chapter 2 of Part 27.
(B) Consistent with Section 2576,
a county office of education’s local control funding formula entitlement for purposes of subparagraph (A) shall include funding that the Superintendent transferred to the county, wherein a pupil is enrolled, equal to the amount calculated for the school district of residence pursuant to Section 42238.02 for each unit of average daily attendance credited to the school district of residence as of the 2020–21 first principal apportionment certification.
(c) (1) Of the amount appropriated pursuant to subdivision (a), two billion dollars ($2,000,000,000) shall be apportioned to eligible local educational agencies meeting the requirements in Sections 43523 and 43524, as applicable, based on the apportionment methodology described in subparagraphs (A) and (B) of paragraph (3) of subdivision (b).
(2) A local educational agency may notify the State Department of
Education, through a process designated by the department, of its intent to opt out of receiving an apportionment under paragraph (1), and the department shall reduce the local educational agency’s total apportionment pursuant to this section accordingly.
(d) Apportionments computed pursuant to subdivision (c) shall be adjusted to reflect the exclusion of average daily attendance generated by pupils in full-time traditional independent study programs pursuant to Section 51747 or course-based independent study average daily attendance pursuant to Section 51749.5 reported to the department as of the 2019–20 second principal apportionment.
(e) (1) Funds apportioned to a local educational agency or state special school under subdivision (b) shall be provided to the local educational agency or state special school in equal portions in April 2021 and July 2021, and
shall be available for expenditure through September 30, 2022.
(2) Funds apportioned to a local educational agency or state special school under subdivision (c) shall be provided to the local educational agency in April 2021 and shall be available for expenditure through July 30, 2021.
(f) On or before April 1, 2021, the department shall notify each local educational agency and state special school of its estimated apportionments under subdivisions (b) and (c), as applicable.
(g) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a) one billion three hundred sixty-four million nine hundred thirty-one thousand dollars ($1,364,931,000) shall be deemed to be “General Fund
revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2019–20 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2019–20 fiscal year.
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a) five billion one hundred ninety-two million five hundred twelve thousand dollars ($5,192,512,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of
taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
43522.
(a) Commencing no later than the regular summer break in 2021 and continuing until September 30, 2022, funds apportioned to a local educational agency or state special school under subdivision (b) of Section 43521 shall be used for activities that support academic achievement by offering supplemental instruction and support to, at a minimum, pupils who are eligible for free or reduced-price meals, English learners, foster youth, homeless pupils, pupils who are individuals with exceptional needs, pupils at risk of abuse, neglect, or exploitation, disengaged pupils, and pupils who are below grade level, including, but not limited to, those who did not enroll in kindergarten in the 2020–21 school year, those in danger of not meeting graduation requirements, and other pupils identified by certificated staff.
These services shall be planned in a tiered framework that bases universal, targeted, and intensive supports on pupils’ academic, social-emotional, and basic needs and provides the services in an engaging and positive climate.(b) As a condition of receiving funding under subdivision (b) of Section 43521, a local educational agency shall provide, at a minimum, supplemental instruction to pupils, support for pupils’ social and emotional well-being, and, to the maximum extent permissible under the guidelines of the United States Department of Agriculture, meals and snacks to participating pupils. Specifically, funds received under subdivision (b) of Section 43521 shall be expended for any of the following purposes:
(1) Extending instructional learning time in addition to what is required pursuant to Chapter 2 (commencing with Section 46100) of Part 26 of Division 4 by increasing the
number of instructional days or minutes provided during the school year, providing summer school or intersessional instructional programs, or taking any other action that increases the amount of instructional time or services provided to pupils based on their learning needs.
(2) Accelerating progress to close learning gaps through the implementation, expansion, or enhancement of learning supports including, but not limited to, any of the following:
(A) Tutoring or other one-on-one or small group instruction provided by certificated or classified staff.
(B) Learning recovery programs and materials designed to accelerate pupil academic or English language proficiency, or both.
(C) Educator training in accelerated learning strategies and effectively
addressing learning gaps.
(3) Integrated pupil supports to address other barriers to learning, such as the provision of health, counseling, or mental health services, access to school meal programs, before and after school programs, or programs to address pupil trauma and social-emotional learning, or referrals for support for family or pupil needs.
(4) Community learning hubs that provide pupils with access to technology, high-speed internet, and other academic supports.
(5) Supports for credit deficient pupils to complete graduation or grade promotion requirements and to increase or improve pupils’ college eligibility.
(6) Additional academic services for pupils, such as diagnostic assessments of pupil learning needs.
(7) Training for school staff on strategies, including trauma-informed practices, to engage pupils and families in addressing pupils’ social-emotional health needs and academic needs.
(c) Local educational agencies are encouraged to engage, plan, and collaborate on program operation with community partners and expanded learning programs, and leverage existing behavioral health partnerships and Medi-Cal billing options, in the design and implementation of services provided under this section.
(d) A local educational agency that has declined funding pursuant to paragraph (2) of subdivision (c) of Section 43521 may expend up to 10 percent of funding received under subdivision (b) of Section 43521 in the 2020–21 school year to support school reopening for instructional services related to learning loss.
(e) (1) Of the funds apportioned under subdivision (b) of Section 43521, a local educational agency shall use at least 10 percent of its apportionment to hire full-time paraprofessionals to provide individualized instruction through the duration of this program. Individualized instruction shall be prioritized for English learners and pupils who are individuals with exceptional needs. It is the intent of the Legislature that a local educational agency prioritize retaining or rehiring paraprofessionals subject to layoff or release after the expiration of the protections included for classified employees in Section 94 of Chapter 24 of the Statutes of 2020, and further increasing the number of paraprofessional staff to meet the requirements of this subdivision.
(2) For purposes of this subdivision, “paraprofessional” has the same meaning as in subdivision (a) of
Section 45330.
(f) Of the funds apportioned under subdivision (b) of Section 43521, a local educational agency shall use at least 85 percent of its apportionment for expenditures related to providing allowable services in-person.
(g) A local educational agency shall not expend funds received under subdivision (b) of Section 43521 until it is providing in-person instruction to pupils pursuant to this section.
(h) In all circumstances, a local educational agency and state special school apportioned funds under Section 43521 shall deliver services in accordance with an applicable individualized education program.
(i) (1) As a condition of receiving funding under subdivision (b) of Section 43521, on or before June 1, 2021, the
governing board or body of a local educational agency shall adopt at a public meeting, and post on its internet website, a plan describing how the apportioned funds will be used in accordance with this section, and shall submit the plan to its county office of education. A county office of education shall send received plans to the Superintendent upon request. Local educational agencies shall provide an opportunity for parents and teachers to be involved in the development of the plan.
(2) (A) On or before March 15, 2021, the Superintendent, with the concurrence of the executive director of the state board, shall develop and post on the department’s internet website a template for the plan required pursuant to paragraph (1). The template shall include both of the following:
(i) A description of the local educational agency’s plan for assessing the needs of
its pupils, providing supplemental instruction and support based on the framework described in subdivision (a), informing the parents and guardians of all of its pupils requiring learning recovery supports of the availability of these opportunities, including in parents’ and guardians’ primary languages pursuant to Section 48985, and how parents and teachers were involved in the development of the plan.
(ii) The local educational agency’s expenditure plan for funds received under subdivision (b) of Section 43521 and how they will be coordinated with funds received from the federal Elementary and Secondary School Emergency Relief Fund. The expenditure plan shall include an indication of how much of the apportioned funds the local educational agency will allocate and expend for each allowable purpose pursuant to this section, and shall reflect both estimated and actual expenditures. Actual expenditures shall be reported when they are
available.
(B) The development of the template for the plan pursuant to subparagraph (A) shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(3) This subdivision does not preclude a local educational agency from receiving or expending funds apportioned under subdivision (b) of Section 43521 before the adoption of its plan pursuant to paragraph (1).
(j) On or before May 1, 2021, the department’s Statewide System of Support for Expanded Learning, in collaboration with the California Collaborative for Educational Excellence and consistent with the statewide system of support established in Section 52059.5, shall develop a best practice guide to assist local educational agencies with the
implementation of this section. The department, in collaboration with the California Collaborative for Educational Excellence, shall make this guidance available to all local educational agencies. The guidance shall include all of the following:
(1) Guidance and professional development resources on evidence-based models for providing supplemental instruction and support in an engaging manner in a positive climate.
(2) Guidance on the effective practices for the assessment of pupils’ academic and social-emotional needs, the use of effective curricular resources and instructional practices, and the leveraging of community partnerships, in order to accelerate learning and meet pupils’ social-emotional and basic needs.
(3) Best practices for contacting and reengaging disengaged
pupils.
43523.
(a) A local educational agency, excluding a charter school classified as a nonclassroom-based charter school as of the 2019–20 second principal apportionment certification pursuant to Section 47612.5, shall be eligible for an apportionment under subdivision (c) of Section 43521, if it meets all of the following requirements:(1) (A) On or before April 1, 2021, the local educational agency submits a completed COVID-19 school safety plan to its county office of education that provides for in-person instruction as required by paragraphs (5) to (7), inclusive, and describes how the local educational agency shall conduct ongoing asymptomatic testing of staff and pupils consistent with the state-supported cadences set forth in
the COVID-19 industry sector guidance for schools and school-based programs issued by the State Department of Public Health. County offices of education and school districts in a single-district county shall submit their COVID-19 school safety plan to the State Department of Education. For purposes of this chapter, the COVID-19 school safety plan shall consist of both of the following consistent with January 2021 guidance issued by the State Department of Public Health:
(i) The written COVID-19 prevention program required by subdivision (c) of Section 3205 of Title 8 of the California Code of Regulations, adopted by the Occupational Safety and Health Standards Board as part of COVID-19 Emergency Standards.
(ii) The supplemental COVID-19 School Guidance Checklist approved by the State Department of Public Health as part of the COVID-19 industry sector guidance for schools and
school-based programs.
(B) Notwithstanding subparagraph (A), a local educational agency providing or with an adopted plan to provide in-person instruction for any pupils on or before March 15, 2021, pursuant to guidance issued by the State Department of Public Health as published at the date of the local educational agency’s plan adoption, with a completed COVID-19 school safety plan publicly posted on its internet website, and ratified certificated and classified employee collective bargaining agreements or applicable memoranda of understanding that support implementation of its COVID-19 school safety plan in place, is not required to conduct ongoing asymptomatic testing of staff and pupils consistent with the state-supported cadences set forth in the K-12 School Public Health Guidance issued by the State Department of Public Health in order to be eligible for an apportionment under subdivision (c) of Section 43521.
(2) For a local educational agency whose employees collectively bargain, on or before April 1, 2021, the local educational agency submits to its county office of education, or for single-district counties, the State Department of Education, a copy of its ratified certificated and classified employee collective bargaining agreements or applicable memoranda of understanding that support implementation of its COVID-19 school safety plan. A local educational agency that already has ratified certificated and classified employee collective bargaining agreements or applicable memoranda of understanding that support implementation of its COVID-19 school safety plan in place before the effective date of this section does not need to renegotiate those agreements in order to be eligible for an apportionment under subdivision (c) of Section 43521. County offices of education and school districts in single district counties shall submit these documents to the
State Department of Education.
(3) On or before April 1, 2021, the local educational agency posts the COVID-19 school safety plan on its internet website home page.
(4) On or before April 1, 2021, the local educational agency certifies to its county office of education, or for single-district counties, the State Department of Education, that it has verified that each of its pupils participating in distance learning either has access to a computing device, software, and high-speed internet necessary to participate in online instruction, or has been given the option of in-person instruction pursuant to paragraph (5).
(5) (A) On or before April 15, 2021, the local educational agency offers optional in-person instruction, consistent with its COVID-19 school safety plan and in compliance with
Guidance Related to Cohorts issued by the State Department of Public Health, to at least all pupils in the following pupil groups:
(i) Individuals with exceptional needs.
(ii) Foster youth.
(iii) Homeless pupils.
(iv) English learners.
(v) Pupils without access to a computing device, software, and high-speed internet necessary to participate in online instruction, as determined by the local educational agency.
(vi) Disengaged pupils.
(vii) Pupils at risk of abuse, neglect, or exploitation.
(B) A
local educational agency may determine the priority order in which to bring pupils back within each group consistent with instructional needs, local capacity, and facility availability to serve small cohorts, but shall offer in-person instruction to each pupil group described in subparagraph (A).
(6) On or before April 15, 2021, or, for a local educational agency in a county with a COVID-19 adjusted case rate of greater than 7 per 100,000, on or before 15 calendar days after the COVID-19 adjusted case rate drops to 7 per 100,000 or lower, the local educational agency offers optional in-person instruction, consistent with its COVID-19 school safety plan, to each pupil group described in paragraph (5) and to pupils enrolled in transitional kindergarten through the highest elementary grade offered by the local educational agency up to and including grade 6, inclusive, as applicable.
(7) The local educational agency offers continuous in-person instruction for pupils pursuant to paragraphs (5) and (6) through the end of the scheduled 2020–21 school year, unless otherwise ordered by a state or local health officer. The scheduled school year is the adopted school calendar for the 2020–21 school year in effect on April 1, 2021.
(b) A local educational agency may offer instruction to pupils in any grades or pupil groups before April 15, 2021, consistent with the Guidance Related to Cohorts issued by the State Department of Public Health, or for pupils in transitional kindergarten through the highest elementary grade offered by the local educational agency up to and including grade 6, inclusive, consistent with its COVID-19 school safety plan.
(c) County offices of education shall submit the information received from local educational agencies pursuant
to subdivision (a) to the State Department of Education on or before April 5, 2021, using the form provided by the State Department of Education.
43524.
(a) In addition to the requirements in Section 43523, and in order to be eligible for an apportionment under subdivision (c) of Section 43521, a local educational agency in a local health jurisdiction or county in the purple tier under the State Department of Public Health’s Blueprint for a Safer Economy shall submit its COVID-19 school safety plan to the local health department and the State Safe Schools for All Team pursuant to guidance issued by the State Department of Public Health in the COVID-19 and Reopening In-Person Instruction Framework & Public Health Guidance for K-12 Schools in California, 2020–2021 School Year. If the local health department or the State Safe Schools for All Team identifies a deficiency in the local educational agency’s COVID-19 school safety plan within seven business
days, the local educational agency and its county office of education shall be notified of the deficiency by the local health department or the State Safe Schools for All Team. If the deficiency is not resolved through subsequent revisions pursuant to the process in the applicable guidance issued by the State Department of Public Health in time to allow the local educational agency to serve pupils as required in Section 43523, the local educational agency shall no longer be eligible to receive an apportionment under subdivision (c) of Section 43521. The county office of education with jurisdiction over the local educational agency shall notify the State Department of Education of this ineligibility within five business days of being notified that the local educational agency is unable to serve pupils as required in Section 43523.(b) Subdivision (a) does not apply to a local educational agency already open for in-person instruction on or before
March 15, 2021, pursuant to the definition included in guidance issued by the State Department of Public Health, if its reopening was permitted by state and local public health directives in effect at the time of reopening.
43525.
(a) For 2021–22 fiscal year audits, the Controller shall include instructions in the audit guide required by Section 14502.1 that include procedures for determining all of the following for local educational agencies that receive apportionments under subdivision (c) of Section 43521.(1) Compliance with paragraph (3) of subdivision (a) of Section 43523.
(2) Compliance with paragraphs (5), (6), and (7) of subdivision (a) of Section 43523.
(3) Verification that all pupils opting to participate in distance learning pursuant to paragraph (4) of subdivision (a) of Section 43523, who are not served in cohorts in-person
pursuant to paragraph (5) of subdivision (a) of Section 43523, have access to a computing device, software, and high-speed internet necessary to participate in online instruction.
(4) Compliance with submitting to the department the expenditure report required pursuant to subdivision (c).
(b) For a local educational agency with audit findings of noncompliance pursuant to paragraph (2) of subdivision (a), the Superintendent shall withhold from the local educational agency’s principal apportionment an amount equal to the percentage of days out of compliance multiplied by the per-average daily attendance amount calculated pursuant to subdivision (c) of Section 43521. For purposes of this subdivision, the percentage of days out of compliance equals the number of days out of compliance divided by the total number of instructional days offered after the due date for the local
educational agency to submit eligibility materials to its county office of education or, in the case of a county office of education or a school district in a single-district county, to the department.
(c) Funds apportioned to a local educational agency under subdivision (c) of Section 43521 may be used for any purpose consistent with providing in-person instruction for any pupil participating in in-person instruction, including, but not limited to, COVID-19 testing, personal protective equipment, ventilation and other site upgrades necessary for health and safety, salaries for certificated or classified employees providing in-person instruction or services, and social and mental health support services provided in conjunction with in-person instruction. Local educational agencies shall report final expenditures of these funds to the department by January 31, 2022, and the Superintendent shall initiate collection proceedings for unexpended
funds.
43526.
County public health departments shall make COVID-19 vaccines available to schoolsite personnel who are working at a schoolsite where pupils are attending in person.43527.
This part shall become inoperative on June 30, 2023, and, as of January 1, 2024, is repealed.