SB 1429: Education finance: emergencies: snowstorms.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2024-09-22
Current Status:
Passed
(2024-09-22: Chaptered by Secretary of State. Chapter 477, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill adds snowstorms to the list of emergencies that allow school districts, county offices of education, and charter schools to keep their state funding when closures or shorter sessions occur. It also lets the state count average daily attendance as if the snowstorm had not happened so affected schools receive the same attendance credit and apportionments.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires that a school district, county office of education, or charter school that was prevented, due to certain emergencies, including, but not limited to, prescribed natural disasters, from maintaining its schools during a fiscal year for at least 180 days for a school district or county office of education or at least 175 days for a charter school, to receive the same apportionments as if it had not been prevented from maintaining those required number of days, as provided.
For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred.
This bill would add snowstorms to the list of emergencies for which the above-described provisions apply, as provided.
Existing law requires that a school district, county office of education, or charter school that was prevented, due to certain emergencies, including, but not limited to, prescribed natural disasters, from maintaining its schools during a fiscal year for at least 180 days for a school district or county office of education or at least 175 days for a charter school, to receive the same apportionments as if it had not been prevented from maintaining those required number of days, as provided.
For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred.
This bill would add snowstorms to the list of emergencies for which the above-described provisions apply, as provided.
Existing law requires that a school district, county office of education, or charter school that was prevented, due to certain emergencies, including, but not limited to, prescribed natural disasters, from maintaining its schools during a fiscal year for at least 180 days for a school district or county office of education or at least 175 days for a charter school, to receive the same apportionments as if it had not been prevented from maintaining those required number of days, as provided.
For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred.
This bill would add snowstorms to the list of emergencies for which the above-described provisions apply, as provided.
For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred.
This bill would add snowstorms to the list of emergencies for which the above-described provisions apply, as provided.
For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred.
This bill would add snowstorms to the list of emergencies for which the above-described provisions apply, as provided.
(a)A school district, county office of education, or charter school that is prevented from maintaining its schools during a fiscal year for at least 180 days for a school district or county office of education or 175 days for a charter school, or is required to operate sessions of shorter length than otherwise prescribed by law because of fire, flood, earthquake, snowstorm, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or of any civil officer of the United States, of the state, or of any county, city and county, or city authorized to issue that order to meet an emergency created by war, or because of other extraordinary conditions, or because of inability to secure or hold a teacher, or because of the illness of the teacher, which fact shall be shown to the satisfaction of the Superintendent by the affidavits of the members of the governing board of the school district, the governing board of the county office of education, or the governing board or body of the charter school and of the county superintendent of schools, shall receive the same apportionment from the State School Fund as it would have received had it not been so prevented from maintaining school for at least 180 full-length days for a school district or county office of education or 175 full-length days for a charter school.
(b)This section shall also apply to school districts, county offices of education, or charter schools that, in the absence of one or more of the conditions prescribed by this section, would have qualified for funds pursuant to Sections 46200 to 46208, inclusive, or Section 47612.5, as applicable.
(c)(1)Notwithstanding the inability to secure or hold a teacher, or because of the illness of the teacher pursuant to subdivision (a), from September 1, 2021, to June 30, 2022, inclusive, with the exception of a school closure for a schoolsite or class that only serves pupils who are individuals with exceptional needs, as defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 of Division 4 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27 of Division 4, a school district, county office of education, or charter school shall not receive the same apportionment from the State School Fund pursuant to this section as it would have received had it not been so prevented from maintaining school for at least 180 full-length days for a school district or county office of education or 175 full-length days for a charter school if the school closure was due to impacts from COVID-19.
(2)(A)Notwithstanding paragraph (1), a school district, county office of education, or charter school may still receive credit for instructional days and minutes that were scheduled for in-person instruction, as demonstrated by the governing board or body approved calendar in place before the event, on days in which the school district, county office of education, or charter school was prevented from maintaining school due to the conditions indicated in paragraph (1) provided that instruction was offered to all eligible pupils through independent study pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4 and implementing regulations adopted thereunder.
(B)The superintendent of a school district, the county superintendent of schools, or the administrator of a charter school shall certify to the Superintendent to offering all eligible pupils instruction through independent study pursuant subparagraph (A).
(3)Notwithstanding paragraph (1), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive the same apportionment from the State School Fund pursuant to this section for school closures related to impacts from COVID-19 due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(A)The school district, county office of education, or charter school is unable to provide in-person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(B)For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(C)For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
SEC. 2.Section 46392 of the Education Code is amended to read:46392.(a)If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(1)Fire.
(2)Flood.
(3)Impassable roads.
(4)Epidemic.
(5)Earthquake.
(6)The imminence of a major safety hazard as determined by the local law enforcement agency.
(7)A strike involving transportation services to pupils provided by a nonschool entity.
(8)An order provided for in Section 41422.
(9)Snowstorm.
(b)(1)In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.
(2)The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.
(3)Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.
(c)(1)The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.
(2)(A)From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(B)Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(i)The school district, county office of education, or charter school is unable to provide in person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(ii)For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(iii)For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(d)Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:
(1)(A)In the 202021 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 202021 fiscal year and the 201920 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.
(B)In the 202122 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.
(C)In the 202223 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.
(2)(A)In the 201920 and 202021 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.
(B)In the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.
(3)For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 201920 and 202021 fiscal years, the Superintendent shall calculate the difference between the county office of educations alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.
(4)A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school districts local control funding formula apportionment pursuant to Section 2576.
(5)In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(6)(A)The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.
(B)For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be General Fund revenues appropriated for school districts, as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB, as defined in subdivision (e) of Section 41202.
(e)Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:
(1)For the 202122 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.
(2)For the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
(3)School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.
(4)Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 202122 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.
(5)Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(f)Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:
(1)The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 202122, 202223, and 202324 fiscal years.
(2)The school shall be considered a necessary small school for the purpose of Section 42282 in the 202223 and 202324 fiscal years.
(g)This section applies to any average daily attendance that occurs during any part of a school year.
(a)A school district, county office of education, or charter school that is prevented from maintaining its schools during a fiscal year for at least 180 days for a school district or county office of education or 175 days for a charter school, or is required to operate sessions of shorter length than otherwise prescribed by law because of fire, flood, earthquake, snowstorm, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or of any civil officer of the United States, of the state, or of any county, city and county, or city authorized to issue that order to meet an emergency created by war, or because of other extraordinary conditions, or because of inability to secure or hold a teacher, or because of the illness of the teacher, which fact shall be shown to the satisfaction of the Superintendent by the affidavits of the members of the governing board of the school district, the governing board of the county office of education, or the governing board or body of the charter school and of the county superintendent of schools, shall receive the same apportionment from the State School Fund as it would have received had it not been so prevented from maintaining school for at least 180 full-length days for a school district or county office of education or 175 full-length days for a charter school.
(b)This section shall also apply to school districts, county offices of education, or charter schools that, in the absence of one or more of the conditions prescribed by this section, would have qualified for funds pursuant to Sections 46200 to 46208, inclusive, or Section 47612.5, as applicable.
(c)(1)Notwithstanding the inability to secure or hold a teacher, or because of the illness of the teacher pursuant to subdivision (a), from September 1, 2021, to June 30, 2022, inclusive, with the exception of a school closure for a schoolsite or class that only serves pupils who are individuals with exceptional needs, as defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 of Division 4 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27 of Division 4, a school district, county office of education, or charter school shall not receive the same apportionment from the State School Fund pursuant to this section as it would have received had it not been so prevented from maintaining school for at least 180 full-length days for a school district or county office of education or 175 full-length days for a charter school if the school closure was due to impacts from COVID-19.
(2)(A)Notwithstanding paragraph (1), a school district, county office of education, or charter school may still receive credit for instructional days and minutes that were scheduled for in-person instruction, as demonstrated by the governing board or body approved calendar in place before the event, on days in which the school district, county office of education, or charter school was prevented from maintaining school due to the conditions indicated in paragraph (1) provided that instruction was offered to all eligible pupils through independent study pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4 and implementing regulations adopted thereunder.
(B)The superintendent of a school district, the county superintendent of schools, or the administrator of a charter school shall certify to the Superintendent to offering all eligible pupils instruction through independent study pursuant subparagraph (A).
(3)Notwithstanding paragraph (1), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive the same apportionment from the State School Fund pursuant to this section for school closures related to impacts from COVID-19 due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(A)The school district, county office of education, or charter school is unable to provide in-person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(B)For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(C)For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
SEC. 2.Section 46392 of the Education Code is amended to read:46392.(a)If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(1)Fire.
(2)Flood.
(3)Impassable roads.
(4)Epidemic.
(5)Earthquake.
(6)The imminence of a major safety hazard as determined by the local law enforcement agency.
(7)A strike involving transportation services to pupils provided by a nonschool entity.
(8)An order provided for in Section 41422.
(9)Snowstorm.
(b)(1)In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.
(2)The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.
(3)Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.
(c)(1)The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.
(2)(A)From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(B)Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(i)The school district, county office of education, or charter school is unable to provide in person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(ii)For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(iii)For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(d)Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:
(1)(A)In the 202021 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 202021 fiscal year and the 201920 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.
(B)In the 202122 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.
(C)In the 202223 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.
(2)(A)In the 201920 and 202021 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.
(B)In the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.
(3)For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 201920 and 202021 fiscal years, the Superintendent shall calculate the difference between the county office of educations alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.
(4)A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school districts local control funding formula apportionment pursuant to Section 2576.
(5)In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(6)(A)The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.
(B)For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be General Fund revenues appropriated for school districts, as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB, as defined in subdivision (e) of Section 41202.
(e)Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:
(1)For the 202122 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.
(2)For the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
(3)School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.
(4)Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 202122 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.
(5)Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(f)Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:
(1)The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 202122, 202223, and 202324 fiscal years.
(2)The school shall be considered a necessary small school for the purpose of Section 42282 in the 202223 and 202324 fiscal years.
(g)This section applies to any average daily attendance that occurs during any part of a school year.
(a)A school district, county office of education, or charter school that is prevented from maintaining its schools during a fiscal year for at least 180 days for a school district or county office of education or 175 days for a charter school, or is required to operate sessions of shorter length than otherwise prescribed by law because of fire, flood, earthquake, snowstorm, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or of any civil officer of the United States, of the state, or of any county, city and county, or city authorized to issue that order to meet an emergency created by war, or because of other extraordinary conditions, or because of inability to secure or hold a teacher, or because of the illness of the teacher, which fact shall be shown to the satisfaction of the Superintendent by the affidavits of the members of the governing board of the school district, the governing board of the county office of education, or the governing board or body of the charter school and of the county superintendent of schools, shall receive the same apportionment from the State School Fund as it would have received had it not been so prevented from maintaining school for at least 180 full-length days for a school district or county office of education or 175 full-length days for a charter school.
(b)This section shall also apply to school districts, county offices of education, or charter schools that, in the absence of one or more of the conditions prescribed by this section, would have qualified for funds pursuant to Sections 46200 to 46208, inclusive, or Section 47612.5, as applicable.
(c)(1)Notwithstanding the inability to secure or hold a teacher, or because of the illness of the teacher pursuant to subdivision (a), from September 1, 2021, to June 30, 2022, inclusive, with the exception of a school closure for a schoolsite or class that only serves pupils who are individuals with exceptional needs, as defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 of Division 4 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27 of Division 4, a school district, county office of education, or charter school shall not receive the same apportionment from the State School Fund pursuant to this section as it would have received had it not been so prevented from maintaining school for at least 180 full-length days for a school district or county office of education or 175 full-length days for a charter school if the school closure was due to impacts from COVID-19.
(2)(A)Notwithstanding paragraph (1), a school district, county office of education, or charter school may still receive credit for instructional days and minutes that were scheduled for in-person instruction, as demonstrated by the governing board or body approved calendar in place before the event, on days in which the school district, county office of education, or charter school was prevented from maintaining school due to the conditions indicated in paragraph (1) provided that instruction was offered to all eligible pupils through independent study pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4 and implementing regulations adopted thereunder.
(B)The superintendent of a school district, the county superintendent of schools, or the administrator of a charter school shall certify to the Superintendent to offering all eligible pupils instruction through independent study pursuant subparagraph (A).
(3)Notwithstanding paragraph (1), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive the same apportionment from the State School Fund pursuant to this section for school closures related to impacts from COVID-19 due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(A)The school district, county office of education, or charter school is unable to provide in-person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(B)For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(C)For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
SECTION 1.SEC. 2.Section 46392 of the Education Code is amended to read:46392.(a)If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(1)Fire.
(2)Flood.
(3)Impassable roads.
(4)Epidemic.
(5)Earthquake.
(6)The imminence of a major safety hazard as determined by the local law enforcement agency.
(7)A strike involving transportation services to pupils provided by a nonschool entity.
(8)An order provided for in Section 41422.
(9)Snowstorm.
(b)(1)In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.
(2)The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.
(3)Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.
(c)(1)The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.
(2)(A)From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(B)Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(i)The school district, county office of education, or charter school is unable to provide in person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(ii)For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(iii)For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(d)Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:
(1)(A)In the 202021 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 202021 fiscal year and the 201920 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.
(B)In the 202122 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.
(C)In the 202223 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.
(2)(A)In the 201920 and 202021 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.
(B)In the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.
(3)For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 201920 and 202021 fiscal years, the Superintendent shall calculate the difference between the county office of educations alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.
(4)A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school districts local control funding formula apportionment pursuant to Section 2576.
(5)In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(6)(A)The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.
(B)For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be General Fund revenues appropriated for school districts, as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB, as defined in subdivision (e) of Section 41202.
(e)Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:
(1)For the 202122 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.
(2)For the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
(3)School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.
(4)Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 202122 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.
(5)Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(f)Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:
(1)The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 202122, 202223, and 202324 fiscal years.
(2)The school shall be considered a necessary small school for the purpose of Section 42282 in the 202223 and 202324 fiscal years.
(g)This section applies to any average daily attendance that occurs during any part of a school year.
(a)If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(1)Fire.
(2)Flood.
(3)Impassable roads.
(4)Epidemic.
(5)Earthquake.
(6)The imminence of a major safety hazard as determined by the local law enforcement agency.
(7)A strike involving transportation services to pupils provided by a nonschool entity.
(8)An order provided for in Section 41422.
(9)Snowstorm.
(b)(1)In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.
(2)The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.
(3)Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.
(c)(1)The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.
(2)(A)From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(B)Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(i)The school district, county office of education, or charter school is unable to provide in person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(ii)For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(iii)For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(d)Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:
(1)(A)In the 202021 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 202021 fiscal year and the 201920 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.
(B)In the 202122 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.
(C)In the 202223 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.
(2)(A)In the 201920 and 202021 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.
(B)In the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.
(3)For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 201920 and 202021 fiscal years, the Superintendent shall calculate the difference between the county office of educations alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.
(4)A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school districts local control funding formula apportionment pursuant to Section 2576.
(5)In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(6)(A)The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.
(B)For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be General Fund revenues appropriated for school districts, as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB, as defined in subdivision (e) of Section 41202.
(e)Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:
(1)For the 202122 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.
(2)For the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
(3)School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.
(4)Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 202122 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.
(5)Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(f)Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:
(1)The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 202122, 202223, and 202324 fiscal years.
(2)The school shall be considered a necessary small school for the purpose of Section 42282 in the 202223 and 202324 fiscal years.
(g)This section applies to any average daily attendance that occurs during any part of a school year.
(a)If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(1)Fire.
(2)Flood.
(3)Impassable roads.
(4)Epidemic.
(5)Earthquake.
(6)The imminence of a major safety hazard as determined by the local law enforcement agency.
(7)A strike involving transportation services to pupils provided by a nonschool entity.
(8)An order provided for in Section 41422.
(9)Snowstorm.
(b)(1)In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.
(2)The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.
(3)Notwithstanding any other law, the Superintendent shall extend through the 201819 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.
(c)(1)The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.
(2)(A)From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(B)Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(i)The school district, county office of education, or charter school is unable to provide in person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(ii)For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(iii)For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(d)Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:
(1)(A)In the 202021 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 202021 fiscal year and the 201920 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.
(B)In the 202122 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.
(C)In the 202223 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.
(2)(A)In the 201920 and 202021 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.
(B)In the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.
(3)For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 201920 and 202021 fiscal years, the Superintendent shall calculate the difference between the county office of educations alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.
(4)A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school districts local control funding formula apportionment pursuant to Section 2576.
(5)In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(6)(A)The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.
(B)For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be General Fund revenues appropriated for school districts, as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB, as defined in subdivision (e) of Section 41202.
(e)Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school districts facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:
(1)For the 202122 fiscal year, for school districts, the Superintendent shall calculate the difference between the school districts certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.
(2)For the 202122 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 201920 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter schools certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 202122 fiscal year and the 201920 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
(3)School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.
(4)Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 202122 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.
(5)Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(f)Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:
(1)The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 202122, 202223, and 202324 fiscal years.
(2)The school shall be considered a necessary small school for the purpose of Section 42282 in the 202223 and 202324 fiscal years.
(g)This section applies to any average daily attendance that occurs during any part of a school year.
|
Date
|
Status
|
|---|---|
| Sep 22, 2024 | Chaptered by Secretary of State. Chapter 477, Statutes of 2024. |
| Sep 22, 2024 | Approved by the Governor. |
| Aug 22, 2024 | Enrolled and presented to the Governor at 2 p.m. |
| Aug 15, 2024 | Assembly amendments concurred in. (Ayes 37. Noes 0. Page 5083.) Ordered to engrossing and enrolling. |
| Aug 13, 2024 | Ordered to special consent calendar. |
| Aug 8, 2024 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 8, 2024 | Read third time. Passed. (Ayes 72. Noes 0. Page 6250.) Ordered to the Senate. |
| Jul 3, 2024 | Read second time. Ordered to consent calendar. |
| Jul 2, 2024 | From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (July 2). |
| Jun 17, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 13, 2024 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 12). |
| Apr 30, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| Apr 29, 2024 | Referred to Com. on ED. |
| Apr 11, 2024 | In Assembly. Read first time. Held at Desk. |
| Apr 11, 2024 | Read third time. Passed. (Ayes 39. Noes 0. Page 3576.) Ordered to the Assembly. |
| Apr 9, 2024 | Read second time. Ordered to consent calendar. |
| Apr 8, 2024 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Mar 28, 2024 | Set for hearing April 8. |
| Mar 20, 2024 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3378.) (March 20). Re-referred to Com. on APPR. |
| Mar 1, 2024 | Set for hearing March 20. |
| Feb 29, 2024 | Referred to Com. on ED. |
| Feb 20, 2024 | From printer. May be acted upon on or after March 18. |
| Feb 16, 2024 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 15, 2024 | Special Consent SB1429 Ochoa Bogh et al. | Senate Floor |
Passed |
|
| Aug 8, 2024 | SB 1429 Ochoa Bogh Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jul 2, 2024 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 12, 2024 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Education |
Passed |
|
| Apr 11, 2024 | Consent Calendar 2nd SB1429 Ochoa Bogh | Senate Floor |
Passed |
|
| Mar 20, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Los Angeles County Office Of Education | ** Support | |
| Rim of the World Unified School District | ** Support | |
| Riverside County Office Of Education | ** Support | |
| San Bernardino County Superintendent Of Schools | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1429 |
UNFINISHED BUSINESS
Bill No: SB 1429
Author: Ochoa Bogh (R), et al.
Amended: 6/17/24
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 3/20/24
AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 39-0, 4/11/24 (Consent)
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Padilla
ASSEMBLY FLOOR: 72-0, 8/8/24 (Consent) - See last page for vote
SUBJECT: Education finance: emergencies: snowstorms
SOURCE: Rim of the World Unified School District
DIGEST:
This bill adds snowstorms to the list of specified emergency situations for which a local educational agency (LEA) may receive a waiver of instructional time requirements and have the average daily attendance (ADA) of the LEA used for state funding purposes held harmless.
Assembly Amendments
add provisions relative to a waiver of instructional time requirements, and add co-authors.
ANALYSIS:
Existing law:
- Provides funding to LEAs on the basis of ADA.
- Allows school districts to claim the greater of current year, prior year, or three prior years’ ADA for apportionment purposes as a buffer against declining enrollment.
- Requires the Superintendent of Public Instruction (SPI), for apportionment purposes, to credit to a LEA a material loss of ADA due to the following reasons, provided the loss has been established to the satisfaction of the SPI by affidavits of the members of the governing board or body of the LEA:
- Fire.
- Flood.
- Impassable roads.
- Epidemic.
- Earthquake.
- The imminence of a major safety hazard as determined by the local law enforcement agency.
- A strike involving transportation services to pupils provided by a non-school entity.
- Allows LEAs unable to maintain schools for at least 180 days (for a school district or county office of education) or 175 days (for a charter school) due to various reasons such as fire, flood, earthquake, epidemic, emergencies declared by military or civil officers, teacher shortages, or teacher illness, to receive the same state funding amount as if they had operated for the full required days. This is contingent upon satisfying certain conditions, including providing affidavits from relevant governing bodies and superintendents to justify the circumstances preventing the maintenance of schools.
- In the event of a state of emergency declared by the Governor in a county, requires the SPI to determine the length of the period during which ADA has been reduced by the state of emergency, and prohibits the SPI from extending the period into the next fiscal year except upon a showing by a LEA, to the satisfaction of the SPI, that extending the period into the next fiscal year is essential to alleviate continued reductions in ADA attributable to the state of emergency.
- Requires the SPI to extend through the 2018-19 fiscal year the period during which it is essential to alleviate continued reductions in ADA attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.
- Requires the SPI to make specified ADA calculations for a school district or charter school physically located where no less than five percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018.
- Requires that a school district, county office of education, or charter school that is prevented from maintaining its schools during a fiscal year for at least 180 days for a school district or county office of education or 175 days for a charter school, or is required to operate sessions of shorter length than otherwise prescribed by law because of specified conditions is to receive the same apportionment from the State School Fund as it would have received had it not been so prevented from maintaining school for at least 180 full-length days for a school district or county office of education or 175 full-length days for a charter school. Specifies the following as conditions:
- Fire.
- Flood.
- Earthquake.
- Epidemic.
- Because of any order of any military officer of the United States or of the state to meet an emergency created by war, or of any civil officer of the United States, of the state, or of any county, city and county, or city authorized to issue that order to meet an emergency created by war.
- Because of other extraordinary conditions.
- Because of inability to secure or hold a teacher, or because of the illness of the teacher.
This bill adds snowstorms to the list of specified emergency situations for which a LEA may receive a waiver of instructional time requirements and have the ADA of the LEA used for state funding purposes held harmless.
Comments
- Need for the bill. According to the author, “In recent years, California has experienced an increase in natural disasters, including wildfires, mudslides, earthquakes, and floods due to large “atmospheric rivers.”
“In both 2023 and 2024, Governor Newsom issued emergency declarations to ensure local governments could secure needed resources to address the damage caused by heavy precipitation and strong winds during California’s severe winter storms.
“County offices of education, school districts, and individual schools have been quick to respond to emergencies as they arise. LEAs have options at their disposal, such as declaring “snow days,” in which students stay home. In these instances, school districts work to ensure students are able to continue instruction in order to adhere to a school’s calendar of instructional days.
“For example, there are schools that opt to remain open and shift to a distance-learning model during emergencies for the safety of students and faculty. However, this shift can cause a drop in ADA, as parents may assume the school is closed or do not have internet access, due to unavailability or outages caused by the storm.
“Although schools receive credit for ADA funding during most declared emergencies, there is ambiguity in the law when it relates to snow-related events. For rural school districts that experience blizzards and severe winter storms, there is currently no snow-related event listed in the Education Code (EC) that more accurately describes the conditions that occurred in 2023 and caused a drop in ADA.”
- Education law protects districts from losses in ADA due to emergency situations. Two sections of the Education Code (EC) empower the SPI to grant regular apportionment credit to districts during emergencies. Under EC Section 41422, districts can maintain apportionments when schools close due to “extraordinary conditions.” When the SPI approves credit for closed school days, districts receive ADA credit and instructional time credit for the time lost during the closure, satisfying state law requirements for both the minimum 175-day year and longer day and year standards.
EC Section 46392 allows for ADA credit whenever the ADA of educational institutions decreases significantly due to various emergencies, including fires, floods, and impassable roads. Despite differences in wording between the two sections, their purpose remains the same: to protect school districts and county offices from revenue loss resulting from reduced ADA or instructional time during emergencies.
- Recent school closure data. According to data provided by the California Department of Education (CDE), there have been 2,040 school closure requests submitted by LEAs from 2014-15 to 2018-19. As shown in the table below, the total number of school closures reported increased dramatically beginning in 2016-17 due to the wildfires. The vast majority of these school closures lasted less than three days.
Emergency | 2014-15 | 2015-16 | 2016-17 | 2017-18 | 2018-19 |
Weather | 144 | 38 | 312 | 58 | 239 |
Other | 36 | 56 | 61 | 57 | 62 |
Epidemic | 1 | 1 | 3 | 8 | 4 |
Violence Threat | 7 | 28 | 8 | 24 | 7 |
Wildfire | 18 | 29 | 25 | 352 | 443 |
Power Shutoff | 0 | 0 | 0 | 0 | 19 |
TOTAL | 206 | 152 | 409 | 499 | 774 |
Because ensuring student safety is most important, existing law does not penalize school districts for losses in ADA during and immediately following an emergency. Two sections of law allow the SPI to grant normal apportionment credit to districts in emergencies—one section (EC Section 41422) authorizes maintenance of apportionments in instances when schools must be closed because of ”extraordinary conditions” while another section (EC 46392) provides for the crediting of ADA whenever the ADA of an LEA has been materially decreased because of fire, flood, impassable road, and other specified circumstances. Although the wording of these two code sections differ in detail, the effect is the same. All LEAs are held harmless from revenue loss that might otherwise result from the loss of ADA or instructional time in emergencies.
- Disaster preparedness in schools. Under existing law, CDE is required to electronically distribute disaster preparedness educational materials and lesson plans that are currently available to school districts and county offices of education. The CDE must (1) ensure that the disaster preparedness materials are available in at least the three most dominant primary languages spoken by English learners in California, and (2) coordinate with the Office of Emergency Services to make sure that all materials are reviewed and updated annually. Among the materials circulated to LEAs are information about teaching children proper use of 9-1-1, fire safety information, emergency preparedness, and curriculum-based programs on the emotional, social, and economic effects of natural and human-caused disasters.
Further, each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 through 12. Charter schools must include in their petitions the procedures that the charter school will follow to ensure the health and safety of pupils and staff.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, this bill would impose the following costs:
- No General Fund administrative costs to CDE. According to CDE, snowstorms already are qualifying events that may receive a waiver of instructional time requirements and hold harmless funding.
- Minor and absorbable Proposition 98 General Fund costs, to the extent LEAs receive more hold harmless funding as a result of this bill. Additional LEAs might apply for the hold harmless funding as a result of this bill due to the explicit listing of “snowstorms” as a qualifying emergency event in statute. However, these costs would likely be minor, as CDE already counts a snowstorm as a qualifying event for hold harmless funding.
SUPPORT: (Verified 8/9/24)
Rim of the World Unified School District (source)
Los Angeles County Office of Education
Riverside County Office of Education
San Bernardino County Superintendent of Schools
One individual
OPPOSITION: (Verified 8/9/24)
None received
ASSEMBLY FLOOR: 72-0, 8/8/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bryan, Calderon, Juan Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Bauer-Kahan, Bonta, Wendy Carrillo, Garcia, Petrie-Norris, Valencia, Weber
Prepared by: Ian Johnson / ED. / (916) 651-4105
8/9/24 16:38:09
**** END ****
Date of Hearing: July 2, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 1429
Author:(Ochoa Bogh) – As Amended Ver:June 17, 2024
Policy Committee: | Education | Vote: | 7 - 0 |
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| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill adds snowstorms to the list of emergencies whereby a local educational agency (LEA) may receive a waiver of instructional time requirements and hold harmless funding from the California Department of Education (CDE).
FISCAL EFFECT:
- No General Fund administrative costs to CDE. According to CDE, snowstorms already are qualifying events that may receive a waiver of instructional time requirements and hold harmless funding.
- Minor and absorbable Proposition 98 General Fund costs, to the extent LEAs receive more hold harmless funding as a result of this bill. Additional LEAs might apply for the hold harmless funding as a result of this bill due to the explicit listing of “snowstorms” as a qualifying emergency event in statute. However, these costs would likely be minor, as CDE already counts a snowstorm as a qualifying event for hold harmless funding.
COMMENTS:
- Purpose. According to the author:
Although schools receive credit for average daily attendance funding during most declared emergencies, there is ambiguity in the law when it relates to snow-related events. For rural school districts that experience blizzards and severe winter storms, there is currently no snow-related event listed in the EC that more accurately describes the conditions that occurred in 2023 and caused a drop in average daily attendance. SB 1429 would add snowstorms to the list of disasters in which school districts, county offices of education, and charter schools may be reimbursed for decreases in average daily attendance.
- Background. Current law requires a school district or county office of education to provide 180 instructional days each school year and requires a charter school to provide 175 instructional days each school year. In the case of school closures related to emergencies, current law authorizes the Superintendent of Public Instruction to grant instructional time credit for the days a school is closed, therefore satisfying state law’s instructional time requirements.
Current law provides funding to an LEA based on the average daily attendance of its students. Therefore, lower attendance equates to lower funding. Current law allows the SPI to hold funding harmless in situations where an LEA has experienced a school closure due to an emergency. Such funding is often referred to as “hold harmless funding.”
To receive the aforementioned waiver of instructional time requirements and hold harmless funding, an LEA must submit, and the SPI must approve, a Request for Allowance of Attendance Due to Emergency Conditions (Form J-13A). The form requires an LEA to provide certain information related to the LEA’s emergency and school closure, among other records.
Current law lists various emergencies as grounds for Form J-13A consideration. These include fire, flood, earthquake, epidemic, and “other extraordinary conditions,” among others.
This bill explicitly adds snowstorms as a qualifying event for Form J-13A consideration. CDE asserts existing law already provides authority to provide Form J-13A consideration for snowstorms, while the author and the bill’s proponents contend there is ambiguity in existing law.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: June 12, 2024
ASSEMBLY COMMITTEE ON EDUCATION
Al Muratsuchi, Chair
SBPCA Bill Id:SB 1429
Author:(Ochoa Bogh) – As Amended Ver:April 30, 2024
SENATE VOTE: 39-0
SUBJECT: Education finance: emergencies: snowstorms
SUMMARY: Adds snowstorms to the list of specified emergency situations a school district, county office of education (COE), or charter school may use to obtain approval of attendance and instructional time credit from the Superintendent of Public Instruction (SPI) when one or more schools are closed, when schools are kept open but experienced a material decrease in attendance, or when attendance records are lost or destroyed.
EXISTING LAW:
- Provides funding to local educational agencies (LEAs) on the basis of average daily attendance (ADA). (Education Code (EC) 42238.05)
- Allows school districts to claim the greater of current year, prior year, or three prior years’ ADA for apportionment purposes as a buffer against declining enrollment. (EC 42238.05)
- Requires the SPI, for apportionment purposes, to credit to school district, COE, or charter school a material loss of ADA due to the following reasons, provided the loss has been established to the satisfaction of the SPI by affidavits of the members of the governing board or body of the LEA:
- Fire;
- Flood;
- Impassable roads;
- Epidemic;
- Earthquake;
- The imminence of a major safety hazard as determined by the local law enforcement agency; and
- A strike involving transportation services to pupils provided by a non-school entity. (EC 46392)
- Allows LEAs unable to maintain schools for at least 180 days (for a school district or county office of education [COE]) or 175 days (for a charter school) due to various reasons such as fire, flood, earthquake, epidemic, emergencies declared by military or civil officers, teacher shortages, or teacher illness to receive the same state funding amount as if they had operated for the full required days. This is contingent upon satisfying certain conditions, including providing affidavits from relevant governing bodies and superintendents to justify the circumstances preventing the maintenance of schools. (EC 46392)
- Requires, in the event of a state of emergency declared by the Governor in a county, the SPI to determine the length of the period during which ADA has been reduced by the state of emergency and prohibits the SPI from extending the period into the next fiscal year except upon a showing by a LEA, to the satisfaction of the SPI, that extending the period into the next fiscal year is essential to alleviate continued reductions in ADA attributable to the state of emergency. (EC 46392)
- Requires, for affidavits submitted to the SPI for events occurring after September 1, 2021, that resulted in a school closure or material decrease in attendance, a school district, COE, or charter school that provides an affidavit to the SPI, as specified, to certify that it has a plan for which independent study will be offered to pupils. Requires the plan to comply with all of the following:
- Requires independent study to be offered to any pupil impacted by any of the specified conditions within 10 days of the first day of a school closure or material decrease in attendance. Requires pupils who are individuals with exceptional needs to receive the services identified in their individualized education programs and authorizes their participation in an independent study program;
- Requires reopening for in-person instruction as soon as possible, unless prohibited under the direction of the local or state health officer; and
- Requires plans to include information regarding establishing independent study master agreements in a reasonable amount of time. (EC 46393)
- Requires a school district, COE, or charter school that is prevented from maintaining its schools during a fiscal year for at least 180 days for a school district or COE or 175 days for a charter school, or is required to operate sessions of shorter length than otherwise prescribed by law because of fire, flood, earthquake, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or of any civil officer of the United States, of the state, or of any county, city and county, or city authorized to issue that order to meet an emergency created by war, or because of other extraordinary conditions, or because of inability to secure or hold a teacher, or because of the illness of the teacher, established to the satisfaction of the SPI by the affidavits of the members of the governing board of the school district, the governing board of the COE, or the governing board or body of the charter school and of the county superintendent of schools, to receive the same apportionment from the State School Fund as it would have received had it not been so prevented from maintaining school for at least 180 full-length days for a school district or COE or 175 full-length days for a charter school. (EC 41422)
- Requires the CDE to electronically distribute disaster preparedness educational materials and lesson plans that are currently available to school districts and COEs. Requires the CDE to ensure that the disaster preparedness materials are available in at least the three most dominant primary languages spoken by English learners in California, according to the language census. Requires the CDE to coordinate with the Governor’s Office of Emergency Services (CAL OES) to make sure that all materials are reviewed and updated annually. (EC 32282.5)
- Requires a pupil’s individualized education program (IEP) to include a description of the means by which the IEP will be provided under emergency conditions, as specified, in which instruction or services, or both, cannot be provided to the pupil either at the school or in person for more than 10 school days. (EC 56345)
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Need for the bill. According to the author, "California school districts are required to track the ADA of their students and report their ADA to the state three times per year. As part of the Local Control Funding Formula (LCFF), school districts do not receive funding for students for days they are absent. Although schools receive credit for ADA funding during most declared emergencies, there is ambiguity in the law when it relates to snow-related events. For rural school districts that experience blizzards and severe winter storms, there is currently no snow-related event listed in the EC that more accurately describes the conditions that occurred in 2023 and caused a drop in ADA. SB 1429 would add snowstorms to the list of disasters in which school districts, county offices of education, and charter schools may be reimbursed for decreases in ADA. Since California is geographically diverse it is important that we recognize and accommodate for all weather conditions. School districts should not miss out on necessary reimbursements."
Apportionment during emergencies. Current law authorizes the SPI to grant normal apportionment credit to LEAs in emergencies, or in instances when one or more schools must be closed because of “extraordinary conditions.” When the SPI authorizes credit for days that school was closed, LEAs receive instructional time credit for the day(s) and minutes lost to the emergency closure and approval to reduce the divisor used for calculating ADA. The instructional time credit satisfies state law with regard to both the instructional day and minute requirements.
LEAs are to be held harmless from revenue loss that might otherwise result from the loss of ADA or instructional time in emergencies. LEAs obtain credit for days and minutes lost to emergency closure and material decreases in attendance due to emergency events by submitting a Request for Allowance of Attendance Due to Emergency Conditions (Form J-13A). A Form J-13A approval, combined with other LEA’s records, serves to document the LEA's compliance with instructional time laws, show why different divisors may be used in the computation of ADA, and document approval for ADA credit.
All LEAs must submit a certified plan for which independent study will be offered to students that accompanies all Form J-13A requests submitted for a school closure and/or a material decrease in attendance due to a qualifying event.
Recent school closure data. According to data provided by the CDE, there have been 2,040 school closure requests submitted by LEAs from 2014-15 to 2018-19. As shown in the table below, the total number of school closures reported increased dramatically beginning in 2016-17 due to the wildfires. The vast majority of these school closures lasted less than three days.
Emergency | 2014-15 | 2015-16 | 2016-17 | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 | 2022-23 |
Weather | 215 | 43 | 331 | 75 | 263 | 399 | 57 | 57 | 441 |
Other | 22 | 27 | 70 | 57 | 17 | 6 | 7 | 21 | 60 |
Epidemic | 5 | 2 | 7 | 8 | 14 | 10 | 3 | 76 | 32 |
Violence Threat | 23 | 44 | 8 | 24 | 35 | 21 | 0 | 25 | 18 |
Wildfire | 22 | 42 | 30 | 424 | 507 | 185 | 120 | 61 | 37 |
Power | 32 | 46 | 26 | 28 | 42 | 20 | 44 | 45 | 35 |
TOTAL | 319 | 204 | 472 | 616 | 878 | 641 | 231 | 285 | 623 |
Source: CDE
Independent study. Due to the growing number of public health emergencies and natural disasters that have impacted the state in recent years, there is an increased need for LEAs to provide continuity of academic instruction for students who are unable to attend in-person instruction during an emergency event. Current law requires LEAs to certify offering independent study within ten days of the first day of a school closure or material decrease in attendance. LEAs are encouraged to provide access to instruction and the opportunity to earn academic credit through independent study for students who are excluded from school (or absent), or school is closed. However, independent study participation during these instances is for the purpose of academic credit only and would not generate attendance for apportionment. Providing independent study is crucial in mitigating the negative impact of lost learning time and supporting mental health. According to the CDE, LEAs can prepare for transitioning students to independent study during school closures through the following recommended best practices:
- Including independent study agreements in back-to-school paperwork provided for parents to sign ahead of time;
- Posting assignments and student academic resources online;
- Assigning laptops to all students;
- Developing emergency partnerships with neighboring LEAs; and
- Maintaining an online instructional platform.
These are best practices and would not preclude LEAs from providing other methods of instruction during closures where online options are limited (e.g. power outages).
Winter Storm Severity Index (WSSI). According to the National Weather Service (NWS), the purpose of the WSSI is to provide NWS partners and the general public with an indication of the level of winter precipitation (snow and ice) severity and its potential related societal impacts. The NWS notes that the WSSI does not depict official warnings, and should always be used in context with official NWS forecasts and warnings.
Disaster preparedness in schools. Current law requires the CDE to electronically distribute disaster preparedness educational materials and lesson plans that are currently available to school districts and COEs. The CDE must 1) ensure that the disaster preparedness materials are available in at least the three most dominant primary languages spoken by English learners in California, and 2) coordinate with the Office of Emergency Services to make sure that all materials are reviewed and updated annually. Among the materials circulated to LEAs are information about teaching children proper use of 9-1-1, fire safety information, emergency preparedness, and curriculum-based programs on the emotional, social, and economic effects of natural and human-caused disasters.
Further, each school district and COE is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 through 12. Charter schools must include in their petitions the procedures that the charter school will follow to ensure the health and safety of pupils and staff.
Arguments in support. The Rim of the World Unified School District (sponsor, located in San Bernardino County) writes, “Although schools receive credit for ADA funding during most declared emergencies, there is ambiguity in the law regarding snow-related events. For mountainous, rural school districts that experience blizzards and severe weather storms, there is currently no snow-related event listed in the EC that accurately describes the conditions that occurred in San Bernardino County in 2023 that caused a drop in ADA. In a state as geographically diverse as California, it is important to recognize and accommodate for this weather condition. School districts should not be denied ADA reimbursement due to a snowstorm or other snow-related event.”
Recommended Committee Amendments. Staff recommends that the bill be amended as follows: add “snowstorms” to corresponding a corresponding EC section, 41422, which also outlines conditions disqualifying school districts from apportionments.
Related legislation. SB 114 (Committee on Budget and Fiscal Review), Chapter 48, Statutes of 2023, made various changes to instructional time requirements and apportionment in response to the COVID-19 pandemic.
AB 167 (Committee on Budget), Chapter 252, Statutes of 2021, made various changes to instructional time requirements and apportionment in the 2021-22 school year in response to the COVID-19 pandemic.
AB 3120 (O’Donnell) of the 2019-20 Session would have required LEAs to be exempt from various instructional minute fiscal penalties if the LEA added instructional minutes to existing instructional days or if the LEA could demonstrate that it could not meet the instructional day requirements due to specified circumstances.
REGISTERED SUPPORT / OPPOSITION:
Support
Los Angeles County Office of Education
Office of The Riverside County Superintendent of Schools
Rim of The World Unified School District
Riverside County Public K-12 School District Superintendents
San Bernardino County District Advocates for Better Schools (SANDABS)
San Bernardino County Superintendent of Schools
Small School Districts Association
Opposition
None on file
Analysis Prepared by: Marguerite Ries / ED. / (916) 319-2087
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1429 |
CONSENT
Bill No: SB 1429
Author: Ochoa Bogh (R)
Introduced: 2/16/24
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 3/20/24
AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Education finance: emergencies: snowstorms
SOURCE: Rim of the World Unified School District
DIGEST:
This bill adds snowstorms to the list of specified emergency situations for which the average daily attendance (ADA) of local educational agencies (LEAs) used for state funding purposes is held harmless.
ANALYSIS:
Existing law:
- Provides funding to LEAs on the basis of ADA.
- Allows school districts to claim the greater of current year, prior year, or three prior years’ ADA for apportionment purposes as a buffer against declining enrollment.
- Requires the Superintendent of Public Instruction (SPI), for apportionment purposes, to credit to a LEA a material loss of ADA due to the following reasons, provided the loss has been established to the satisfaction of the SPI by affidavits of the members of the governing board or body of the LEA:
- Fire.
- Flood.
- Impassable roads.
- Epidemic.
- Earthquake.
- The imminence of a major safety hazard as determined by the local law enforcement agency.
- A strike involving transportation services to pupils provided by a non-school entity.
- Allows LEAs unable to maintain schools for at least 180 days (for a school district or county office of education) or 175 days (for a charter school) due to various reasons such as fire, flood, earthquake, epidemic, emergencies declared by military or civil officers, teacher shortages, or teacher illness, to receive the same state funding amount as if they had operated for the full required days. This is contingent upon satisfying certain conditions, including providing affidavits from relevant governing bodies and superintendents to justify the circumstances preventing the maintenance of schools.
- In the event of a state of emergency declared by the Governor in a county, requires the SPI to determine the length of the period during which ADA has been reduced by the state of emergency, and prohibits the SPI from extending the period into the next fiscal year except upon a showing by a LEA, to the satisfaction of the SPI, that extending the period into the next fiscal year is essential to alleviate continued reductions in ADA attributable to the state of emergency.
- Requires the SPI to extend through the 2018-19 fiscal year the period during which it is essential to alleviate continued reductions in ADA attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.
- Requires the SPI to make specified ADA calculations for a school district or charter school physically located where no less than five percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018.
This bill adds snowstorms to the list of specified emergency situations for which the ADA of LEAs used for state funding purposes is held harmless.
Comments
- Need for the bill. According to the author,
“In recent years, California has experienced an increase in natural disasters, including wildfires, mudslides, earthquakes, and floods due to large “atmospheric rivers.”
“In both 2023 and 2024, Governor Newsom issued emergency declarations to ensure local governments could secure needed resources to address the damage caused by heavy precipitation and strong winds during California’s severe winter storms.
“County offices of education, school districts, and individual schools have been quick to respond to emergencies as they arise. LEAs have options at their disposal, such as declaring “snow days,” in which students stay home. In these instances, school districts work to ensure students are able to continue instruction in order to adhere to a school’s calendar of instructional days.
“For example, there are schools that opt to remain open and shift to a distance-learning model during emergencies for the safety of students and faculty. However, this shift can cause a drop in ADA, as parents may assume the school is closed or do not have internet access, due to unavailability or outages caused by the storm.
“Although schools receive credit for ADA funding during most declared emergencies, there is ambiguity in the law when it relates to snow-related events. For rural school districts that experience blizzards and severe winter storms, there is currently no snow-related event listed in the Education Code (EC) that more accurately describes the conditions that occurred in 2023 and caused a drop in ADA.”
- Education law protects districts from losses in ADA due to emergency situations. Two sections of the EC empower the SPI to grant regular apportionment credit to districts during emergencies. Under EC Section 41422, districts can maintain apportionments when schools close due to “extraordinary conditions.” When the SPI approves credit for closed school days, districts receive ADA credit and instructional time credit for the time lost during the closure, satisfying state law requirements for both the minimum 175-day year and longer day and year standards.
EC Section 46392 allows for ADA credit whenever the ADA of educational institutions decreases significantly due to various emergencies, including fires, floods, and impassable roads. Despite differences in wording between the two sections, their purpose remains the same: to protect school districts and county offices from revenue loss resulting from reduced ADA or instructional time during emergencies.
- Recent school closure data. According to data provided by the California Department of Education (CDE), there have been 2,040 school closure requests submitted by LEAs from 2014-15 to 2018-19. As shown in the table below, the total number of school closures reported increased dramatically beginning in 2016-17 due to the wildfires. The vast majority of these school closures lasted less than three days.
Emergency | 2014-15 | 2015-16 | 2016-17 | 2017-18 | 2018-19 |
Weather | 144 | 38 | 312 | 58 | 239 |
Other | 36 | 56 | 61 | 57 | 62 |
Epidemic | 1 | 1 | 3 | 8 | 4 |
Violence Threat | 7 | 28 | 8 | 24 | 7 |
Wildfire | 18 | 29 | 25 | 352 | 443 |
Power Shutoff | 0 | 0 | 0 | 0 | 19 |
TOTAL | 206 | 152 | 409 | 499 | 774 |
Because ensuring student safety is most important, existing law does not penalize school districts for losses in ADA during and immediately following an emergency. Two sections of law allow the SPI to grant normal apportionment credit to districts in emergencies—one section (EC Section 41422) authorizes maintenance of apportionments in instances when schools must be closed because of ”extraordinary conditions” while another section (EC 46392) provides for the crediting of ADA whenever the ADA of an LEA has been materially decreased because of fire, flood, impassable road, and other specified circumstances. Although the wording of these two code sections differ in detail, the effect is the same. All LEAs are held harmless from revenue loss that might otherwise result from the loss of ADA or instructional time in emergencies.
- Disaster preparedness in schools. Under existing law, CDE is required to electronically distribute disaster preparedness educational materials and lesson plans that are currently available to school districts and county offices of education. The CDE must (1) ensure that the disaster preparedness materials are available in at least the three most dominant primary languages spoken by English learners in California, and (2) coordinate with the Office of Emergency Services to make sure that all materials are reviewed and updated annually. Among the materials circulated to LEAs are information about teaching children proper use of 9-1-1, fire safety information, emergency preparedness, and curriculum-based programs on the emotional, social, and economic effects of natural and human-caused disasters.
Further, each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 through 12. Charter schools must include in their petitions the procedures that the charter school will follow to ensure the health and safety of pupils and staff.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 4/10/24)
Rim of the World Unified School District (source)
Los Angeles County Office of Education
Riverside County Office of Education
San Bernardino County Superintendent of Schools
One individual
OPPOSITION: (Verified 4/10/24)
Prepared by: Ian Johnson / ED. / (916) 651-4105
4/10/24 13:49:43
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: Hearing Date: March 20, 2024
Author: | Ochoa Bogh | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
SUMMARY
This bill adds snowstorms to the list of specified emergency situations for which the average daily attendance (ADA) of local educational agencies (LEAs) used for state funding purposes is held harmless.
BACKGROUND
Existing law:
- Provides funding to LEAs on the basis of ADA.
- Allows school districts to claim the greater of current year, prior year, or three prior years’ ADA for apportionment purposes as a buffer against declining enrollment.
- Requires the Superintendent of Public Instruction (SPI), for apportionment purposes, to credit to a LEA a material loss of ADA due to the following reasons, provided the loss has been established to the satisfaction of the SPI by affidavits of the members of the governing board or body of the LEA:
- Fire.
- Flood.
- Impassable roads.
- Epidemic.
- Earthquake.
- The imminence of a major safety hazard as determined by the local law enforcement agency.
- A strike involving transportation services to pupils provided by a non-school entity.
- Allows LEAs unable to maintain schools for at least 180 days (for a school district or county office of education) or 175 days (for a charter school) due to various reasons such as fire, flood, earthquake, epidemic, emergencies declared by military or civil officers, teacher shortages, or teacher illness, to receive the same state funding amount as if they had operated for the full required days. This is contingent upon satisfying certain conditions, including providing affidavits from relevant governing bodies and superintendents to justify the circumstances preventing the maintenance of schools.
- In the event of a state of emergency declared by the Governor in a county, requires the SPI to determine the length of the period during which ADA has been reduced by the state of emergency, and prohibits the SPI from extending the period into the next fiscal year except upon a showing by a LEA, to the satisfaction of the SPI, that extending the period into the next fiscal year is essential to alleviate continued reductions in ADA attributable to the state of emergency.
- Requires the SPI to extend through the 2018-19 fiscal year the period during which it is essential to alleviate continued reductions in ADA attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.
- Requires the SPI to make specified ADA calculations for a school district or charter school physically located where no less than five percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018.
ANALYSIS
This bill adds snowstorms to the list of specified emergency situations for which the ADA of LEAs used for state funding purposes is held harmless.
STAFF COMMENTS
- Need for the bill. According to the author, “In recent years, California has experienced an increase in natural disasters, including wildfires, mudslides, earthquakes, and floods due to large “atmospheric rivers.”
“In both 2023 and 2024, Governor Newsom issued emergency declarations to ensure local governments could secure needed resources to address the damage caused by heavy precipitation and strong winds during California’s severe winter storms.
“County offices of education, school districts, and individual schools have been quick to respond to emergencies as they arise. LEAs have options at their disposal, such as declaring “snow days,” in which students stay home. In these instances, school districts work to ensure students are able to continue instruction in order to adhere to a school’s calendar of instructional days.
“For example, there are schools that opt to remain open and shift to a distance-learning model during emergencies for the safety of students and faculty. However, this shift can cause a drop in ADA, as parents may assume the school is closed or do not have internet access, due to unavailability or outages caused by the storm.
“Although schools receive credit for ADA funding during most declared emergencies, there is ambiguity in the law when it relates to snow-related events. For rural school districts that experience blizzards and severe winter storms, there is currently no snow-related event listed in the Education Code (EC) that more accurately describes the conditions that occurred in 2023 and caused a drop in ADA.”
- Education law protects districts from losses in ADA due to emergency situations. Two sections of the EC empower the SPI to grant regular apportionment credit to districts during emergencies. Under EC Section 41422, districts can maintain apportionments when schools close due to “extraordinary conditions.” When the SPI approves credit for closed school days, districts receive ADA credit and instructional time credit for the time lost during the closure, satisfying state law requirements for both the minimum 175-day year and longer day and year standards.
EC Section 46392 allows for ADA credit whenever the ADA of educational institutions decreases significantly due to various emergencies, including fires, floods, and impassable roads. Despite differences in wording between the two sections, their purpose remains the same: to protect school districts and county offices from revenue loss resulting from reduced ADA or instructional time during emergencies.
- Recent school closure data. According to data provided by the California Department of Education (CDE), there have been 2,040 school closure requests submitted by LEAs from 2014-15 to 2018-19. As shown in the table below, the total number of school closures reported increased dramatically beginning in 2016-17 due to the wildfires. The vast majority of these school closures lasted less than three days.
Emergency | 2014-15 | 2015-16 | 2016-17 | 2017-18 | 2018-19 |
Weather | 144 | 38 | 312 | 58 | 239 |
Other | 36 | 56 | 61 | 57 | 62 |
Epidemic | 1 | 1 | 3 | 8 | 4 |
Violence Threat | 7 | 28 | 8 | 24 | 7 |
Wildfire | 18 | 29 | 25 | 352 | 443 |
Power Shutoff | 0 | 0 | 0 | 0 | 19 |
TOTAL | 206 | 152 | 409 | 499 | 774 |
Because ensuring student safety is most important, existing law does not penalize school districts for losses in ADA during and immediately following an emergency. Two sections of law allow the SPI to grant normal apportionment credit to districts in emergencies—one section (EC Section 41422) authorizes maintenance of apportionments in instances when schools must be closed because of ”extraordinary conditions” while another section (EC 46392) provides for the crediting of ADA whenever the ADA of an LEA has been materially decreased because of fire, flood, impassable road, and other specified circumstances. Although the wording of these two code sections differ in detail, the effect is the same. All LEAs are held harmless from revenue loss that might otherwise result from the loss of ADA or instructional time in emergencies.
- Disaster preparedness in schools. Under existing law, CDE is required to electronically distribute disaster preparedness educational materials and lesson plans that are currently available to school districts and county offices of education. The CDE must (1) ensure that the disaster preparedness materials are available in at least the three most dominant primary languages spoken by English learners in California, and (2) coordinate with the Office of Emergency Services to make sure that all materials are reviewed and updated annually. Among the materials circulated to LEAs are information about teaching children proper use of 9-1-1, fire safety information, emergency preparedness, and curriculum-based programs on the emotional, social, and economic effects of natural and human-caused disasters.
Further, each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 through 12. Charter schools must include in their petitions the procedures that the charter school will follow to ensure the health and safety of pupils and staff.
SUPPORT
Rim of the World Unified School District (sponsor)
Riverside County Office of Education
San Bernardino County Superintendent of Schools
OPPOSITION
None received
-- END --
Bill Author
Bill Co-Author(s):