Amended  IN  Assembly  January 12, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 10


Introduced by Assembly Members Ting, Bauer-Kahan, Boerner Horvath, Lorena Gonzalez, McCarty, Muratsuchi, O’Donnell, and Petrie-Norris

December 07, 2020


An act to amend Sections 43502, 43503, and 43504 of the Education Code, relating to pupil instruction, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 10, as amended, Ting. Pupil instruction: in-person instruction: distance learning.
(1) Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law establishes procedures for the apportionment of state funds to these local educational agencies. Existing law, for purposes of calculating apportionments for the 2020–21 fiscal year, requires a local educational agency to offer in-person instruction and authorizes these agencies to offer distance learning, as specified.
This bill would specify that the requirement to provide in-person instruction applies when that instruction is allowed under state and county local public health orders.
(2) Existing law establishes criteria for local educational agencies to offer distance learning for the 2020–21 school year, including as a result of an order or guidance from a state public health officer or local public health officer, or for pupils who are medically fragile or would be put at risk by in-person instruction or who are self-quarantining.
This bill would specify that, between from March 1, 2021, and to June 30, 2021, inclusive, distance learning is authorized on an agency-wide or schoolwide level as a result of an order from a state public health officer or a local public health officer requiring school campus closure. The bill would also include, in addition to pupils, certificated employees who are medically fragile or would be put at risk by in-person instruction or who are self-quarantining within the scope of this provision.
(3) Existing law requires local educational agencies to offer in-person instruction to the greatest extent possible and to develop written procedures for tiered reengagement strategies for all pupils who are absent from distance learning for more than 3 schooldays or 60% of the instructional days in a school week.
This bill would require local educational agencies to publicly adopt plans to that offer in-person instruction within 2 weeks of local or state public health orders allowing school campuses to be open. open, and that outline all local educational agency plans to meet local and state public health school campus safety standards. The bill would also require, on or before March 1, 2021, require each local educational agency to implement the written procedures for the tiered reengagement strategies for all pupils who are absent from distance learning for more than 3 schooldays or 60% of the instructional days in a school week, as specified. The bill would also require local educational agencies to develop and implement written procedures for tiered reengagement strategies for all unduplicated pupils who are performing significantly below grade level. level, with a priority for pupils in kindergarten or grades 1 to 3, inclusive, and pupils at risk of not graduating from high school. Because these provisions would impose new duties on local educational agencies, they would create a state-mandated local program.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(5) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 It is the intent of the Legislature:
(a) That the state prioritize the safe reopening of public school campuses during the 2020–21 school year, for purposes of pupil reengagement and instruction. This safe reopening support should include a common state public health standard for safe campuses, technical assistance for local educational agencies to meet and enforce these standards, and state funding to meet and enforce these standards.
(b) That local educational agencies report data on pupil and school employee COVID-19 infection rates and school opening status, which would be available for public transparency and informing public health policy.
(c) That the state prioritize the safe in-person return of small cohorts of pupils struggling to succeed with their local distance learning offerings, and fully fund the on-campus childcare, pupil reengagement, and learning loss mitigation programs necessary to allow pupils and families to recover from the COVID-19 pandemic recession.

SECTION 1.SEC. 2.

 Section 43502 of the Education Code is amended to read:

43502.
 (a) For purposes of calculating apportionments for the 2020–21 fiscal year, a local educational agency shall offer in-person instruction when it is allowed under state and county local public health orders, and may offer distance learning, pursuant to the requirements of this part.
(b) (1)  Notwithstanding Sections 41601, 42238.05 to 42238.053, inclusive, and 46010, for purposes of calculating apportionments for the 2020–21 fiscal year for a local educational agency, except for a local educational agency with apportionments calculated pursuant to Section 43505, the department shall use the average daily attendance in the 2019–20 fiscal year reported for both the second period and the annual period apportionment that included all full school months from July 1, 2019, to February 29, 2020, inclusive, and extended year average daily attendance attributed to the 2019–20 school year reported pursuant to Section 96 of Chapter 24 of the Statutes of 2020. Any positive adjustment to average daily attendance for the 2019–20 fiscal year in the second or annual period attendance report submitted to the Superintendent after August 17, 2020, shall be substantiated by concurrence from an independent auditor.
(2) The 2019–20 reported average daily attendance used for purposes of calculating apportionments pursuant to subdivision (d) of Section 42238.02 in the 2020–21 fiscal year shall exclude the average daily attendance resulting from pupils attending schools funded pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24.
(3) The 2019–20 reported average daily attendance used for purposes of calculating apportionments in the 2020–21 fiscal year shall be adjusted for any loss or increase in average daily attendance due to a school district reorganization.
(4) If the Superintendent has been notified pursuant to Section 47604.32 that a charter school has ceased operation during or after the 2019–20 school year and did not provide any instruction in the 2020–21 school year, the Superintendent shall increase the average daily attendance determined pursuant to paragraph (1) for the sponsoring local educational agency, as defined in subdivision (i) of Section 47632, by the average daily attendance sponsored by that local educational agency as reported by the charter school for the 2019–20 school year.
(c) For the 2020–21 fiscal year, a local educational agency shall satisfy the annual instructional day requirements described in Sections 41420, 46200.5, and 46208, and in Section 11960 of Title 5 of the California Code of Regulations through in-person instruction or a combination of in-person instruction and distance learning pursuant to this part.
(d) (1) For the 2020–21 fiscal year, a local educational agency shall not be required to offer the annual instructional minutes that it would otherwise have offered pupils to meet the requirements of Sections 46201.5, 46207, and 47612.5, or the implementing regulations for those sections.
(2) For the 2020–21 fiscal year, a local educational agency shall not be required to offer the minimum instructional minutes in physical education required pursuant to Sections 51210, 51220, 51222, and 51223.
(e) For the 2020–21 school year, instructional minutes shall be determined as follows:
(1) For in-person instruction, instructional minutes shall be based on time scheduled under the immediate physical supervision and control of an employee of the local educational agency who possesses a valid certification document, registered as required by law.
(2) For distance learning, instructional time shall be based on the time value of assignments as determined, and certified to, by an employee of the local educational agency who possesses a valid certification document, registered as required by law.
(3) For a combined day of instruction delivered through both in-person instruction and distance learning, time scheduled under the immediate supervision of an employee of the local educational agency who possesses a valid certification document can be combined with assignments made under the general supervision of an employee of the local educational agency who possesses a valid certification document as registered by law to meet the equivalent of a minimum day of instruction.
(f) For the 2020–21 school year, the process by which a local educational agency receives credit for a material decrease in average daily attendance for apportionment pursuant to Section 46392 due to an event described in Section 46392 that occurs during the 2020–21 fiscal year is suspended for all local educational agencies.
(g) Except for a local educational agency with apportionments calculated pursuant to Section 43505, for purposes of any calculations that would use average daily attendance, the Superintendent, consistent with subdivision (b), shall use the local educational agency’s average daily attendance in the 2019–20 school year in place of its average daily attendance in the 2020–21 school year.
(h) (1) For a divided charter school, where the restructured portion of the charter school is beginning instruction in the 2020–21 school year, average daily attendance for the 2019–20 school year shall be provided by the original charter school in a format and according to a timeline prescribed by the Superintendent. The total average daily attendance attributable to the restructured and remaining portions of a divided charter school shall not exceed the total average daily attendance of the original charter school for the 2019–20 fiscal year and shall be used for purposes of any calculations for the affected charter schools that would use average daily attendance consistent with subdivision (b).
(2) The definitions in Section 47654 apply for purposes of this subdivision.

SEC. 2.SEC. 3.

 Section 43503 of the Education Code is amended to read:

43503.
 (a) (1) For the 2020–21 school year, a local educational agency that offers distance learning shall comply with the requirements of subdivision (b).
(2) Distance learning may be offered under either any of the following circumstances:
(A) From July 1, 2020, to February 28, 2021, inclusive, on a local educational agency or schoolwide level as a result of an order or guidance from a state public health officer or a local public health officer.
(B) From March 1, 2021, to June 30, 2021, inclusive, on a local educational agency or schoolwide level as a result of an order from a state public health officer or a local public health officer requiring campus closure.
(C) For pupils and certificated employees who are medically fragile or would be put at risk by in-person instruction, or who are self-quarantining because of exposure to COVID-19.
(3) Distance learning shall be offered for pupils who are medically fragile or would be put at risk by in-person instruction, or who are self-quarantining because of exposure to COVID-19.
(b) Distance learning shall include all of the following:
(1) Confirmation or provision of access for all pupils to connectivity and devices adequate to participate in the educational program and complete assigned work.
(2) Content aligned to grade level standards that is provided at a level of quality and intellectual challenge substantially equivalent to in-person instruction.
(3) Academic and other supports designed to address the needs of pupils who are not performing at grade level, or need support in other areas, such as English learners, pupils with exceptional needs, pupils in foster care or experiencing homelessness, and pupils requiring mental health supports.
(4) Special education, related services, and any other services required by a pupil’s individualized education program pursuant to Section 56341, including the requirements of subparagraph (A) of paragraph (9) of subdivision (a) of Section 56345, with accommodations necessary to ensure that individualized education program can be executed in a distance learning environment.
(5) Designated and integrated instruction in English language development pursuant to Section 11300 of Title 5 of the California Code of Regulations for English learners, including assessment of English language proficiency, support to access curriculum, the ability to reclassify as fully English proficient, and, as applicable, support for dual language learning.
(6) Daily live interaction with certificated employees and peers for purposes of instruction, progress monitoring, and maintaining school connectedness. This interaction may take the form of internet or telephonic communication, or by other means permissible under public health orders. If daily live interaction is not feasible as part of regular instruction for all pupils, instruction, the governing board or body of the local educational agency shall develop, with parent and stakeholder input, an alternative plan for frequent live interaction that provides a comparable level of service and school connectedness and prioritizes daily live interaction for pupils identified in the local educational agency’s tiered reengagement plan. connectedness.
(c) Pursuant to Sections 49550 and 47613.5, school districts, county offices of education, and charter schools shall provide nutritionally adequate meals for pupils who are eligible for free and reduced-price meals, whether engaged in in-person instruction or distance learning, contingent upon the department receiving an approved waiver from the United States Department of Agriculture, for each day of the scheduled school year.
(d) (1) Notwithstanding Section 51512 or any other law, the prior consent of the teacher or the principal of a school is not required for the adoption or implementation of the use of synchronous or asynchronous video for purposes of distance learning provided pursuant to this section.
(2) Except as required by the local educational agency for purposes of distance learning provided pursuant to this section, no person may make, without the prior consent of the teacher and principal of the school, any audio, video, or digital recording of a local educational agency’s live or synchronous distance learning instruction.

SEC. 3.SEC. 4.

 Section 43504 of the Education Code is amended to read:

43504.
 (a) The compulsory education requirements described in Section 48200 continue to apply for the 2020–21 school year.
(b) A local educational agency shall offer in-person instruction to the greatest extent possible, and shall publicly adopt a plan to offer that offers in-person instruction within two weeks of the issuance of local or state public health orders allowing school campuses to be open. open and that outlines all local educational agency plans to meet local and state public health school campus safety standards.
(c) For the 2020–21 school year, for purposes of the requirement on school districts to offer 180 instructional days per school year pursuant to Section 46208 and the requirement on charter schools to offer 175 instructional days per school year pursuant to Section 11960 of Title 5 of the California Code of Regulations, an instructional day is a day in which all pupils are scheduled for the length of the day established by the governing board or body of the local educational agency in a classroom under the immediate supervision of a certificated employee or in distance learning that meets the minimum requirements described in this part. For purposes of this section, for charter schools, distance learning shall be provided by a certificated employee pursuant to the requirements of Sections 47605, 47605.4, and 47605.6.
(d) (1) Each local educational agency shall document daily participation for each pupil on each schoolday, in whole or in part, for which distance learning is provided. A pupil who does not participate in distance learning on a schoolday shall be documented as absent for that schoolday.
(2) For purposes of this section, daily participation may include, but is not limited to, evidence of participation in online activities, completion of regular assignments, completion of assessments, and contacts between employees of the local educational agency and pupils or parents or guardians.
(e) Each local educational agency shall ensure that a weekly engagement record is completed for each pupil documenting synchronous or asynchronous instruction for each whole or partial day of distance learning, verifying daily participation, and tracking assignments.
(f) (1) A pupil who does not participate daily in either in-person instruction pursuant to subdivision (b) or distance learning pursuant to subdivision (d) shall be deemed absent by the local educational agency. A local educational agency shall use documentation of the absence for purposes of reporting its chronic absenteeism rates in its local control and accountability plan.
(2) On or before March 1, 2021, each Each local educational agency shall develop and implement written procedures for tiered reengagement strategies for all pupils who are absent from distance learning for more than three schooldays or 60 percent of the instructional days in a school week. These procedures shall include, but are not limited to, verification of current contact information for each enrolled pupil, daily notification to parents or guardians of absences, a plan for outreach from the school to determine pupil needs, including connection with health and social services as necessary and transitioning necessary, offering the pupil to a minimum of 50 percent of instructional minutes each week for in-person instruction no later than 30 days after pupil identification. identification, and outlining all local educational agency plans to meet local and state public health school campus safety standards.
(g) (1) Each school shall regularly communicate with parents and guardians regarding a pupil’s academic progress.
(2) On or before March 1, 2021, each local educational agency shall develop and implement written procedures for tiered reengagement strategies for all unduplicated pupils who are performing significantly below grade level. level, with a priority for pupils in kindergarten and grades 1 to 3, inclusive, and pupils at risk of not graduating from high school. These procedures shall include, but are not limited to, verification of current contact information for each enrolled pupil, a plan for outreach from the school to determine pupil needs, including connection with health and social services as necessary, and offering the pupil either a minimum of 50 percent of instructional minutes each instructional week for in-person instruction, or offering the pupil a minimum of 30 instructional days of in-person instruction after the end of the academic calendar, no later than 30 days after pupil identification. identification, and outlining all local educational agency plans to meet local and state public health school campus safety standards.
(h) The Controller shall include instructions necessary to enforce the requirements of this section in the 2020–21 audit guide required by Section 14502.1.
(i) (1) For a school district or charter school that offers fewer than the instructional days required in subdivision (c), the Superintendent shall withhold from the local educational agency’s local control funding formula grant apportionment for the prior year average daily attendance of each affected grade level, the sum of .0056 multiplied by that apportionment for each day less than what was required pursuant to this section.
(2) For a local educational agency that does not meet the requirements in subdivision (d), (e), or (f), the Superintendent shall withhold from the local educational agency’s local control funding formula grant apportionment the percentage of days out of compliance multiplied by the derived value of average daily attendance, all multiplied by the average daily attendance of each affected grade level. For purposes of this paragraph, the percentage of days out of compliance is equivalent to the number of days out of compliance divided by the total number of instructional days required to be offered.
(3) A local educational agency that provides distance learning shall not be penalized for instruction provided before September 1, 2020, that fails to meet the requirements of this section.

SEC. 4.SEC. 5.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 5.SEC. 6.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide important guidance to local educational agencies about standards and procedures for implementing a return to in-person instruction for their pupils, it is necessary that this act take effect immediately.