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<ns0:Id>20250AB__134894ENR</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
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<ns0:ActionText>ENROLLED</ns0:ActionText>
<ns0:ActionDate>2025-09-11</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>1348</ns0:MeasureNum>
<ns0:MeasureState>ENR</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Bains</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Bains</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend, repeal, and add Sections 46392 and 46393 of the Education Code, relating to school finance. </ns0:Title>
<ns0:RelatingClause>school finance</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Average daily attendance: emergencies: immigration enforcement activity: independent study plans.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the local control funding formula, in part, to be based on average daily attendance, as defined.</html:p>
<html:p>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 type of 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 the total average daily
attendance that would have been credited had the emergency not occurred, as provided.</html:p>
<html:p>This bill would, until July 1, 2029,
add an immigration enforcement activity, as defined, to the list of emergencies for which the above-described provisions related to calculating average daily attendance for purposes of state apportionments apply, as provided. The bill would, for purposes of these provisions related to calculating average daily attendance for purposes of state apportionments, prohibit a school district, county office of education, or charter school from being credited for more than 10 days of missed attendance for a pupil due to an immigration enforcement activity.</html:p>
<html:p>For affidavits submitted to the Superintendent for emergency events occurring after September 1, 2021, but on or before June 30, 2026, that resulted in a school closure or material decrease in attendance, existing law requires a school district, county office of education, or charter school that provides an
affidavit to the Superintendent to certify that it has a plan for which independent study will be offered to pupils, as provided, and requires that plan to comply with certain requirements, including, among other things, that independent study is offered to any impacted pupil within 10 instructional days of the first day of a school closure or material decrease in attendance.</html:p>
<html:p>This bill would, for affidavits submitted to the Superintendent for an immigration enforcement activity that occurred on or after January 1, 2025, but on or before June 30, 2026, that resulted in a school closure or material decrease in attendance, require a school district, county office of education, or charter school that provides an affidavit to the Superintendent to additionally require the independent study plan to either (1) require the offering of live interaction or synchronous instruction to pupils, as provided, or (2) provide a description of both the extenuating circumstances that
prevent the offering of live interaction or synchronous instruction and a description of what pupil engagement, services, and instruction will be provided to support pupils during or immediately after the period of closure or material decrease in attendance.</html:p>
<html:p>The bill would, as applied to the above-described provisions for calculating average daily attendance for purposes of state apportionments and related affidavits certifying independent study plans, exempt from the California Public Records Act any documentation related to an immigration enforcement activity submitted to the Superintendent by a school district, charter school, county office of education, or county superintendent of schools, as provided.</html:p>
<html:p> The
bill would make these provisions inoperative on July 1, 2029, and would repeal them as of January 1, 2030.</html:p>
<html:p>Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.</html:p>
<html:p>This bill would make legislative findings to that effect.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_6268F33D-6861-4B11-A1F4-6CB7DB552FE9">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 46392 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>46392.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Fire.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Flood.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Impassable roads.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Epidemic.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Earthquake.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The imminence of a major safety hazard as determined by the local law enforcement agency.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A strike involving transportation services to pupils provided by a nonschool entity.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
An order provided for in Section 41422.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Snowstorm.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
An immigration enforcement activity.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph, “immigration enforcement activity” includes any and all efforts on
or after January 1, 2025, to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any other law, the Superintendent shall extend through the 2018–19 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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In
determining the apportionments to be made to the school district, county office of education, or charter school pursuant to subparagraph (A) for purposes of an affidavit submitted in relation to an immigration enforcement activity, as defined in subparagraph (B) of paragraph (10) of subdivision (a), a school district, county office of education, or charter school shall not be credited for more than 10 days of missed attendance for a pupil.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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 district’s 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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In the 2020–21 fiscal year, for school districts, the
Superintendent shall calculate the difference between the school district’s certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 2020–21 fiscal year and the 2019–20 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the 2021–22 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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In the 2022–23 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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In the 2019–20 and 2020–21 fiscal years, for charter schools, the
Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula entitlement pursuant to Section 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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the 2021–22 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 2019–20 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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 2019–20 and 2020–21 fiscal years, the Superintendent shall calculate the difference between the county office of education’s 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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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 district’s local control
funding formula apportionment pursuant to Section 2576.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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 XIII
<html:span class="ThinSpace"/>
B,” as defined in subdivision (e) of Section 41202.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
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 district’s 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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For the 2021–22 fiscal year, for school districts, the
Superintendent shall calculate the difference between the school district’s certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 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 Sections 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the 2021–22 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 2019–20 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 2021–22 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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 2021–22, 2022–23, and 2023–24 fiscal years.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The school shall be considered a necessary small school for the purpose of Section 42282 in the 2022–23 and 2023–24 fiscal years.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, paragraphs (2) and (3) shall apply for the following charter schools identified in subparagraph (A), (B), or (C) that were damaged, destroyed, or directly impacted, as a result of a state of emergency that was declared by the Governor in January 2025:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Marquez Charter, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified
School District.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy in the Pasadena Unified School District.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Alma Fuerte Public in the City of Pasadena.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the 2025–26 fiscal year, for charter schools identified in paragraph (1) that operate a minimum of 175 school days, as described in Section 41601, the Superintendent shall calculate the difference between the charter school’s certified local control funding formula entitlement pursuant to Section 42238.02 as of the annual principal apportionment in the 2025–26 fiscal year and the first principal apportionment in the 2024–25 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Allocations pursuant to paragraph (2) shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation no sooner than the first principal apportionment.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section applies to any average daily attendance that occurs during any part of a school year.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Any documentation submitted to the Superintendent by a school district, charter school, county office of education, or county superintendent of schools for purposes of this section related to an immigration enforcement activity, as defined in subparagraph (B) of paragraph (10) of subdivision (a), that results in a school closure or material decrease in attendance is exempt from the California Public Records Act (Division 10
(commencing with Section 7920.000) of Title 1 of the Government Code).
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 46392 is added to the
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, to read:
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(a)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Fire.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Flood.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Impassable roads.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Epidemic.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Earthquake.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The imminence of a major safety hazard as determined by the local law enforcement agency.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A strike involving transportation services to pupils provided by a nonschool entity.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
An order provided for in Section 41422.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Snowstorm.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any other law, the Superintendent shall extend through the 2018–19 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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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 district’s 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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In the 2020–21 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 2020–21 fiscal year and the 2019–20 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the 2021–22 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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In the 2022–23 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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In the 2019–20 and 2020–21 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula entitlement pursuant to Section 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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the 2021–22 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 2019–20 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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 2019–20 and 2020–21 fiscal years, the Superintendent shall calculate the difference between the county office of education’s 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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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 district’s local control funding formula apportionment pursuant to Section 2576.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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 XIII
<html:span class="ThinSpace"/>
B,” as defined in subdivision (e) of Section 41202.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
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 district’s 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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For
the 2021–22 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 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 Sections 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the 2021–22 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 2019–20 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter school’s certified second
principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 2021–22 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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 2021–22, 2022–23, and 2023–24 fiscal years.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The school shall be considered a necessary small school for the purpose of Section 42282 in the 2022–23 and 2023–24 fiscal years.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, paragraphs (2) and (3) shall apply for the following charter schools identified in subparagraph (A), (B), or (C) that were damaged, destroyed, or directly impacted, as a result of a state of emergency that was declared by the Governor in January 2025:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Marquez Charter, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Aveson Global Leadership Academy, Aveson School of Leaders,
Odyssey Charter, OCS - South, and Pasadena Rosebud Academy in the Pasadena Unified School District.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Alma Fuerte Public in the City of Pasadena.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the 2025–26 fiscal year, for charter schools identified in paragraph (1) that operate a minimum of 175 school days, as described in Section 41601, the Superintendent shall calculate the difference between the charter school’s certified local control funding formula entitlement pursuant to Section 42238.02 as of the annual principal apportionment in the 2025–26 fiscal year and the first principal apportionment in the 2024–25 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Allocations pursuant to paragraph (2) shall be made final as of the annual principal apportionment. The Superintendent may provide a
preliminary allocation no sooner than the first principal apportionment.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section applies to any average daily attendance that occurs during any part of a school year.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2029.
</html:p>
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 46393 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_C4CE5606-8167-44AE-9118-03CD8C4AF8E5">
<ns0:Num>46393.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature finds and declares that, given the effects of public health emergencies and the significant and growing number of natural disasters that the state has faced in recent years, there is an increased need for local educational agencies to provide instructional continuity for pupils when conditions make in-person instruction infeasible for all or some pupils, and that maintaining access to instruction during a natural disaster or emergency is crucial in mitigating the negative impacts of lost learning time and supporting pupil mental health.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It is the intent of the Legislature that all local educational agencies have plans in place to keep pupils learning in the event of school closures or absences, especially by being
prepared to shift to online or other remote learning options, if necessary. While the first priority will always be to get pupils back to in-person instruction as quickly as possible following a natural disaster or other emergency event, schools should have the infrastructure in place to move instruction online, or otherwise deliver curriculum remotely, and ensure that pupils can access that instruction at short notice. Best practices like including independent study program agreements in back-to-school paperwork provided pursuant to Section 48980 for parents to sign ahead of time, posting assignments and pupil academic resources online, assigning laptops to all pupils, developing emergency partnerships with neighboring local educational agencies, and maintaining an online instructional platform can help local educational agencies be better prepared to shift to remote learning options if the need arises.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For affidavits submitted to the Superintendent for events occurring after September 1, 2021, but on or before June 30, 2026, that resulted in a school closure or material decrease in attendance, a school district, county office of education, or charter school that provides an affidavit to the Superintendent, pursuant to Section 41422 or 46392, excluding an affidavit related to an event described in paragraph (10) of subdivision (a) of Section 46392, shall certify that it has a plan for which independent study will be offered to pupils, pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part
28. The plan shall comply with all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Independent study is offered to any pupil impacted by any of the conditions listed in Section 46392 within 10 instructional days of the first day of a school closure or material decrease in attendance. Pupils who are individuals with exceptional needs shall receive the services identified in their individualized education programs pursuant to paragraph (9) of subdivision (a) of Section 56345 and may participate in an independent study program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Require reopening for in-person instruction as soon as possible unless prohibited under the direction of the local or state health officer.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c) of Section 51745 or subparagraph (F) of paragraph (9) of subdivision (g) of Section 51747, include information regarding establishing independent study master agreements in a reasonable amount of time.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For affidavits submitted to the Superintendent for an immigration enforcement activity, as that term is defined in subparagraph (B) of paragraph (10) of subdivision (a) of Section 46392, occurring on or after January 1, 2025, but on or before June 30, 2026, that resulted in a school closure or material decrease in attendance, a school district, county office of education, or charter school that provides an affidavit to the Superintendent pursuant to Section 46392 shall certify that it has a plan for which independent study will be offered to pupils, pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28. The plan shall comply with all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Independent study is offered to any pupil impacted by any of the conditions listed in Section
46392 within 10 instructional days of the first day of a school closure or material decrease in attendance. Pupils who are individuals with exceptional needs shall receive the services identified in their individualized education programs pursuant to paragraph (9) of subdivision (a) of Section 56345 and may participate in an independent study program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Require reopening for in-person instruction as soon as possible unless prohibited under the direction of the local or state health officer.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c) of Section 51745 or subparagraph (F) of paragraph (9) of subdivision (g) of Section 51747, include information regarding establishing
independent study master agreements in a reasonable amount of time.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Require the offering of live interaction or synchronous instruction to impacted pupils pursuant to Section 51745.5.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If, due to extenuating circumstances, the school district, county office of education, or charter school is not able to provide live interaction or synchronous instruction pursuant to Section 51745.5, the school district, county office of education, or charter school that certifies
pursuant to this clause shall describe the circumstances that prevent it from providing live interaction or synchronous instruction and shall describe what pupil engagement, services, and instruction it will provide to support its pupils during or immediately after the period of closure or material decrease in attendance.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding subdivision (b), the plan is not required to comply with subdivision (d), (e), or (f) of Section 51747 for school closures or a material decrease in attendance for 15 days or less for affected pupils.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A copy of the plan and, if applicable, the state or local public health or public safety order that required school closure shall accompany the affidavit provided to the Superintendent described in subdivision (b).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For
affidavits submitted to the Superintendent for events occurring on or after July 1, 2026, that result in a school closure or material decrease in attendance, a school district, county office of education, or charter school that provides an affidavit to the Superintendent, pursuant to Section 41422 or 46392, shall certify all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
It has a local governing board- or body-adopted comprehensive school safety plan in place meeting the requirements of Section 32282, including the requirements of paragraph (3) of subdivision (a) of Section 32282.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
It has offered pupil engagement and instruction consistent with paragraph (3) of subdivision (a) of Section 32282.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Due to extenuating circumstances, it has not
provided pupil engagement and instruction consistent with paragraph (3) of subdivision (a) of Section 32282. A school district, county office of education, or charter school that certifies pursuant to this clause shall describe the circumstances that prevented it from providing pupil engagement and instruction and shall describe what pupil engagement, services, and instruction it did provide to support its pupils during or immediately after the period of closure or material decrease in attendance.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If applicable, a copy of the state or local public health or public safety order that required school closure shall accompany the affidavit provided to the Superintendent described in paragraph (1).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Any documentation submitted to the Superintendent by a school district, charter school, county
office of education, or county superintendent of schools for purposes of this section related to an immigration enforcement activity, as defined in subparagraph (B) of paragraph (10) of subdivision (a) of Section 46392, that results in a school closure or material decrease in attendance is exempt from the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed.
</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 46393 is added to the
<ns0:DocName>Education Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_A33D82F0-7FA2-4D2D-AABB-23BCCF7A5BDC">
<ns0:Num>46393.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature finds and declares that, given the effects of public health emergencies and the significant and growing number of natural disasters that the state has faced in recent years, there is an increased need for local educational agencies to provide instructional continuity for pupils when conditions make in-person instruction infeasible for all or some pupils, and that maintaining access to instruction during a natural disaster or emergency is crucial in mitigating the negative impacts of lost learning time and supporting pupil mental health.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It is the intent of the Legislature that all local educational agencies have plans in place to keep pupils learning in the event of school closures or absences, especially by being
prepared to shift to online or other remote learning options, if necessary. While the first priority will always be to get pupils back to in-person instruction as quickly as possible following a natural disaster or other emergency event, schools should have the infrastructure in place to move instruction online, or otherwise deliver curriculum remotely, and ensure that pupils can access that instruction at short notice. Best practices like including independent study program agreements in back-to-school paperwork provided pursuant to Section 48980 for parents to sign ahead of time, posting assignments and pupil academic resources online, assigning laptops to all pupils, developing emergency partnerships with neighboring local educational agencies, and maintaining an online instructional platform can help local educational agencies be better prepared to shift to remote learning options if the need arises.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For affidavits submitted to the
Superintendent for events occurring after September 1, 2021, but on or before June 30, 2026, that resulted in a school closure or material decrease in attendance, a school district, county office of education, or charter school that provides an affidavit to the Superintendent, pursuant to Section 41422 or 46392, shall certify that it has a plan for which independent study will be offered to pupils, pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28. The plan shall comply with all of the following:
</html:p>
<html:p>
(1)
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Independent study is offered to any pupil impacted by any of the conditions listed in Section 46392 within 10 instructional days of the first day of a school closure or material decrease in attendance. Pupils who are individuals with exceptional needs shall receive the services identified in their individualized education programs pursuant to paragraph (9) of subdivision (a) of Section 56345 and may participate in an
independent study program.
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<html:p>
(2)
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Require reopening for in-person instruction as soon as possible unless prohibited under the direction of the local or state health officer.
</html:p>
<html:p>
(3)
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Notwithstanding subdivision (c) of Section 51745 or subparagraph (F) of paragraph (9) of subdivision (g) of Section 51747, include information regarding establishing independent study master agreements in a reasonable amount of time.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding subdivision (b), the plan is not required to comply with subdivision (d), (e), or (f) of Section 51747 for school closures or a material decrease in attendance for 15 days or less for affected pupils.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A copy of the plan and, if applicable, the state or local public health or public safety order that required school closure shall
accompany the affidavit provided to the Superintendent described in subdivision (b).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For affidavits submitted to the Superintendent for events occurring on or after July 1, 2026, that result in a school closure or material decrease in attendance, a school district, county office of education, or charter school that provides an affidavit to the Superintendent, pursuant to Section 41422 or 46392, shall certify all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
It has a local governing board- or body-adopted comprehensive school safety plan in place meeting the requirements of Section 32282, including the requirements of paragraph (3) of subdivision (a) of Section 32282.
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<html:p>
(B)
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Either of the following:
</html:p>
<html:p>
(i)
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It has offered pupil engagement and instruction
consistent with paragraph (3) of subdivision (a) of Section 32282.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Due to extenuating circumstances, it has not provided pupil engagement and instruction consistent with paragraph (3) of subdivision (a) of Section 32282. A school district, county office of education, or charter school that certifies pursuant to this clause shall describe the circumstances that prevented it from providing pupil engagement and instruction and shall describe what pupil engagement, services, and instruction it did provide to support its pupils during or immediately after the period of closure or material decrease in attendance.
</html:p>
<html:p>
(2)
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If applicable, a copy of the state or local public health or public safety order that required school closure shall accompany the affidavit provided to the Superintendent described in paragraph (1).
</html:p>
<html:p>
(f)
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This section shall become operative on July 1, 2029.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6BA8BA7C-940E-49A4-BD57-583F8D1D375D">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that Sections 1 and 3 of this act, which amend Sections 46392 and 46393 of the Education Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:</html:p>
<html:p>In order to protect the privacy and
safety of California residents, it is necessary that records of pupils who miss school due to immigration actions are not made public.</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>
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