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 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, from March 1, 2021, 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 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 that offer in-person instruction within 2 weeks of local or state public health orders allowing school campuses to be 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 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, 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.