CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 76Introduced by Assembly Member Kiley(Coauthor: Senator Jones)December 07, 2020 An act to add Part 24.6 (commencing with Section 43600) to Division 3 of Title 2 of the Education Code, relating to public schools, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 76, as introduced, Kiley. Open California Schools Act.Existing law establishes a system of public elementary and secondary education in the state through which local educational agencies provide instruction and other services to pupils in kindergarten and grades 1 to 12, inclusive. Existing law establishes provisions for in-person instruction and distance learning at public elementary and secondary schools in the state due to the COVID-19 pandemic.This bill would require a local educational agency, as defined, to offer in-person instruction, as defined, as soon as state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction, as specified. During any period of time in the 202021 or 202122 school years that state and county health orders and guidelines prohibit a local educational agency from offering full-time in-person instruction due to the COVID-19 pandemic, the bill would authorize a local educational agency to offer a hybrid model including both in-person and distance learning that meets certain requirements.By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program.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.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Part 24.6 (commencing with Section 43600) is added to Division 3 of Title 2 of the Education Code, to read:PART 24.6. Open California Schools Act43600. This part shall be known, and may be cited, as the Open California Schools Act.43601. (a) As used in this part, the following definitions apply:(1) Distance learning means instruction in which the pupil and instructor are in different locations and pupils are under the general supervision of a certificated employee of the local educational agency. Distance learning may include, but is not limited to, all of the following:(A) Interaction, instruction, and check-ins between teachers and pupils through the use of a computer or communications technology.(B) Video or audio instruction in which the primary mode of communication between the pupil and certificated employee is online interaction, instructional television, video, telecourses, or other instruction that relies on computer or communications technology.(C) The use of print materials incorporating assignments that are the subject of written or oral feedback.(2) Full-time in-person instruction means in-person instruction that meets minimum schoolday and instructional minute requirements for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.(3) In-person instruction means instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil.(4) Local educational agency means a school district, county office of education, or charter school, excluding a charter school classified as a nonclassroom-based charter school pursuant to Sections 47612.5 and 47634.2 as of the 201920 fiscal year, offering distance learning in the 202021 school year due to the COVID-19 pandemic.(b) A local educational agency shall offer full-time in-person instruction as soon as state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.(c) Once state and county health orders and guidelines no longer prohibit a local educational agency from reopening for full-time in-person instruction, a local educational agency shall have no more than two weeks to transition to full-time in-person instruction.(d) (1) A local educational agency shall offer full-time in-person instruction five days per week once state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.(2) This subdivision does not apply to a local educational agency that is authorized to provide a four-day school week pursuant to Section 37700.(e) During any period of time in the 202021 or 202122 school year that state and county health orders and guidelines prohibit a local educational agency from offering full-time in-person instruction due to the COVID-19 pandemic, a local educational agency may offer a hybrid model including both in-person and distance learning that meets both of the following requirements:(1) A local educational agency offering a hybrid model shall maximize in-person instruction to the greatest extent not prohibited by the state or county health order.(2) A local educational agency offering a hybrid model shall offer, at a minimum, in-person instruction for one-half of the required instructional minutes in a minimum schoolday for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.(f) This section shall not prohibit a local educational agency from continuing to offer a distance learning option to any pupil who chooses to continue to receive distance learning.(g) This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), on a local educational agencywide or schoolwide level due to an order or guidance from a state public health officer or a local public health officer.(h) This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), for pupils who are medically fragile, would be put at risk by in-person instruction, or are self-quarantining due to exposure to COVID-19.(i) This section shall apply to a local educational agency in the 202021 school year, unless state and county health orders or guidelines do not allow full-time in-person instruction due to the COVID-19 pandemic. If state and county health orders or guidelines prohibit full-time in-person instruction in the 202021 school due to the COVID-19 pandemic, this section shall apply to a local educational agency for the 202122 school year as soon as state and county health orders and guidelines no longer prohibit the local educational agency from offering in-person instruction.SEC. 2. 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. 3. 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 ensure that in-person instruction is offered at public elementary and secondary schools to the greatest extent not prohibited by state and county health orders and guidelines in the 202021 and 202122 school years, it is necessary for this act to take effect immediately.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 76Introduced by Assembly Member Kiley(Coauthor: Senator Jones)December 07, 2020 An act to add Part 24.6 (commencing with Section 43600) to Division 3 of Title 2 of the Education Code, relating to public schools, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 76, as introduced, Kiley. Open California Schools Act.Existing law establishes a system of public elementary and secondary education in the state through which local educational agencies provide instruction and other services to pupils in kindergarten and grades 1 to 12, inclusive. Existing law establishes provisions for in-person instruction and distance learning at public elementary and secondary schools in the state due to the COVID-19 pandemic.This bill would require a local educational agency, as defined, to offer in-person instruction, as defined, as soon as state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction, as specified. During any period of time in the 202021 or 202122 school years that state and county health orders and guidelines prohibit a local educational agency from offering full-time in-person instruction due to the COVID-19 pandemic, the bill would authorize a local educational agency to offer a hybrid model including both in-person and distance learning that meets certain requirements.By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program.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.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 76
Introduced by Assembly Member Kiley(Coauthor: Senator Jones)December 07, 2020
Introduced by Assembly Member Kiley(Coauthor: Senator Jones)
December 07, 2020
An act to add Part 24.6 (commencing with Section 43600) to Division 3 of Title 2 of the Education Code, relating to public schools, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 76, as introduced, Kiley. Open California Schools Act.
Existing law establishes a system of public elementary and secondary education in the state through which local educational agencies provide instruction and other services to pupils in kindergarten and grades 1 to 12, inclusive. Existing law establishes provisions for in-person instruction and distance learning at public elementary and secondary schools in the state due to the COVID-19 pandemic.This bill would require a local educational agency, as defined, to offer in-person instruction, as defined, as soon as state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction, as specified. During any period of time in the 202021 or 202122 school years that state and county health orders and guidelines prohibit a local educational agency from offering full-time in-person instruction due to the COVID-19 pandemic, the bill would authorize a local educational agency to offer a hybrid model including both in-person and distance learning that meets certain requirements.By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program.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.This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes a system of public elementary and secondary education in the state through which local educational agencies provide instruction and other services to pupils in kindergarten and grades 1 to 12, inclusive. Existing law establishes provisions for in-person instruction and distance learning at public elementary and secondary schools in the state due to the COVID-19 pandemic.
This bill would require a local educational agency, as defined, to offer in-person instruction, as defined, as soon as state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction, as specified. During any period of time in the 202021 or 202122 school years that state and county health orders and guidelines prohibit a local educational agency from offering full-time in-person instruction due to the COVID-19 pandemic, the bill would authorize a local educational agency to offer a hybrid model including both in-person and distance learning that meets certain requirements.
By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Part 24.6 (commencing with Section 43600) is added to Division 3 of Title 2 of the Education Code, to read:PART 24.6. Open California Schools Act43600. This part shall be known, and may be cited, as the Open California Schools Act.43601. (a) As used in this part, the following definitions apply:(1) Distance learning means instruction in which the pupil and instructor are in different locations and pupils are under the general supervision of a certificated employee of the local educational agency. Distance learning may include, but is not limited to, all of the following:(A) Interaction, instruction, and check-ins between teachers and pupils through the use of a computer or communications technology.(B) Video or audio instruction in which the primary mode of communication between the pupil and certificated employee is online interaction, instructional television, video, telecourses, or other instruction that relies on computer or communications technology.(C) The use of print materials incorporating assignments that are the subject of written or oral feedback.(2) Full-time in-person instruction means in-person instruction that meets minimum schoolday and instructional minute requirements for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.(3) In-person instruction means instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil.(4) Local educational agency means a school district, county office of education, or charter school, excluding a charter school classified as a nonclassroom-based charter school pursuant to Sections 47612.5 and 47634.2 as of the 201920 fiscal year, offering distance learning in the 202021 school year due to the COVID-19 pandemic.(b) A local educational agency shall offer full-time in-person instruction as soon as state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.(c) Once state and county health orders and guidelines no longer prohibit a local educational agency from reopening for full-time in-person instruction, a local educational agency shall have no more than two weeks to transition to full-time in-person instruction.(d) (1) A local educational agency shall offer full-time in-person instruction five days per week once state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.(2) This subdivision does not apply to a local educational agency that is authorized to provide a four-day school week pursuant to Section 37700.(e) During any period of time in the 202021 or 202122 school year that state and county health orders and guidelines prohibit a local educational agency from offering full-time in-person instruction due to the COVID-19 pandemic, a local educational agency may offer a hybrid model including both in-person and distance learning that meets both of the following requirements:(1) A local educational agency offering a hybrid model shall maximize in-person instruction to the greatest extent not prohibited by the state or county health order.(2) A local educational agency offering a hybrid model shall offer, at a minimum, in-person instruction for one-half of the required instructional minutes in a minimum schoolday for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.(f) This section shall not prohibit a local educational agency from continuing to offer a distance learning option to any pupil who chooses to continue to receive distance learning.(g) This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), on a local educational agencywide or schoolwide level due to an order or guidance from a state public health officer or a local public health officer.(h) This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), for pupils who are medically fragile, would be put at risk by in-person instruction, or are self-quarantining due to exposure to COVID-19.(i) This section shall apply to a local educational agency in the 202021 school year, unless state and county health orders or guidelines do not allow full-time in-person instruction due to the COVID-19 pandemic. If state and county health orders or guidelines prohibit full-time in-person instruction in the 202021 school due to the COVID-19 pandemic, this section shall apply to a local educational agency for the 202122 school year as soon as state and county health orders and guidelines no longer prohibit the local educational agency from offering in-person instruction.SEC. 2. 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. 3. 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 ensure that in-person instruction is offered at public elementary and secondary schools to the greatest extent not prohibited by state and county health orders and guidelines in the 202021 and 202122 school years, it is necessary for this act to take effect immediately.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Part 24.6 (commencing with Section 43600) is added to Division 3 of Title 2 of the Education Code, to read:PART 24.6. Open California Schools Act43600. This part shall be known, and may be cited, as the Open California Schools Act.43601. (a) As used in this part, the following definitions apply:(1) Distance learning means instruction in which the pupil and instructor are in different locations and pupils are under the general supervision of a certificated employee of the local educational agency. Distance learning may include, but is not limited to, all of the following:(A) Interaction, instruction, and check-ins between teachers and pupils through the use of a computer or communications technology.(B) Video or audio instruction in which the primary mode of communication between the pupil and certificated employee is online interaction, instructional television, video, telecourses, or other instruction that relies on computer or communications technology.(C) The use of print materials incorporating assignments that are the subject of written or oral feedback.(2) Full-time in-person instruction means in-person instruction that meets minimum schoolday and instructional minute requirements for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.(3) In-person instruction means instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil.(4) Local educational agency means a school district, county office of education, or charter school, excluding a charter school classified as a nonclassroom-based charter school pursuant to Sections 47612.5 and 47634.2 as of the 201920 fiscal year, offering distance learning in the 202021 school year due to the COVID-19 pandemic.(b) A local educational agency shall offer full-time in-person instruction as soon as state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.(c) Once state and county health orders and guidelines no longer prohibit a local educational agency from reopening for full-time in-person instruction, a local educational agency shall have no more than two weeks to transition to full-time in-person instruction.(d) (1) A local educational agency shall offer full-time in-person instruction five days per week once state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.(2) This subdivision does not apply to a local educational agency that is authorized to provide a four-day school week pursuant to Section 37700.(e) During any period of time in the 202021 or 202122 school year that state and county health orders and guidelines prohibit a local educational agency from offering full-time in-person instruction due to the COVID-19 pandemic, a local educational agency may offer a hybrid model including both in-person and distance learning that meets both of the following requirements:(1) A local educational agency offering a hybrid model shall maximize in-person instruction to the greatest extent not prohibited by the state or county health order.(2) A local educational agency offering a hybrid model shall offer, at a minimum, in-person instruction for one-half of the required instructional minutes in a minimum schoolday for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.(f) This section shall not prohibit a local educational agency from continuing to offer a distance learning option to any pupil who chooses to continue to receive distance learning.(g) This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), on a local educational agencywide or schoolwide level due to an order or guidance from a state public health officer or a local public health officer.(h) This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), for pupils who are medically fragile, would be put at risk by in-person instruction, or are self-quarantining due to exposure to COVID-19.(i) This section shall apply to a local educational agency in the 202021 school year, unless state and county health orders or guidelines do not allow full-time in-person instruction due to the COVID-19 pandemic. If state and county health orders or guidelines prohibit full-time in-person instruction in the 202021 school due to the COVID-19 pandemic, this section shall apply to a local educational agency for the 202122 school year as soon as state and county health orders and guidelines no longer prohibit the local educational agency from offering in-person instruction.
SECTION 1. Part 24.6 (commencing with Section 43600) is added to Division 3 of Title 2 of the Education Code, to read:
### SECTION 1.
PART 24.6. Open California Schools Act43600. This part shall be known, and may be cited, as the Open California Schools Act.43601. (a) As used in this part, the following definitions apply:(1) Distance learning means instruction in which the pupil and instructor are in different locations and pupils are under the general supervision of a certificated employee of the local educational agency. Distance learning may include, but is not limited to, all of the following:(A) Interaction, instruction, and check-ins between teachers and pupils through the use of a computer or communications technology.(B) Video or audio instruction in which the primary mode of communication between the pupil and certificated employee is online interaction, instructional television, video, telecourses, or other instruction that relies on computer or communications technology.(C) The use of print materials incorporating assignments that are the subject of written or oral feedback.(2) Full-time in-person instruction means in-person instruction that meets minimum schoolday and instructional minute requirements for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.(3) In-person instruction means instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil.(4) Local educational agency means a school district, county office of education, or charter school, excluding a charter school classified as a nonclassroom-based charter school pursuant to Sections 47612.5 and 47634.2 as of the 201920 fiscal year, offering distance learning in the 202021 school year due to the COVID-19 pandemic.(b) A local educational agency shall offer full-time in-person instruction as soon as state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.(c) Once state and county health orders and guidelines no longer prohibit a local educational agency from reopening for full-time in-person instruction, a local educational agency shall have no more than two weeks to transition to full-time in-person instruction.(d) (1) A local educational agency shall offer full-time in-person instruction five days per week once state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.(2) This subdivision does not apply to a local educational agency that is authorized to provide a four-day school week pursuant to Section 37700.(e) During any period of time in the 202021 or 202122 school year that state and county health orders and guidelines prohibit a local educational agency from offering full-time in-person instruction due to the COVID-19 pandemic, a local educational agency may offer a hybrid model including both in-person and distance learning that meets both of the following requirements:(1) A local educational agency offering a hybrid model shall maximize in-person instruction to the greatest extent not prohibited by the state or county health order.(2) A local educational agency offering a hybrid model shall offer, at a minimum, in-person instruction for one-half of the required instructional minutes in a minimum schoolday for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.(f) This section shall not prohibit a local educational agency from continuing to offer a distance learning option to any pupil who chooses to continue to receive distance learning.(g) This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), on a local educational agencywide or schoolwide level due to an order or guidance from a state public health officer or a local public health officer.(h) This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), for pupils who are medically fragile, would be put at risk by in-person instruction, or are self-quarantining due to exposure to COVID-19.(i) This section shall apply to a local educational agency in the 202021 school year, unless state and county health orders or guidelines do not allow full-time in-person instruction due to the COVID-19 pandemic. If state and county health orders or guidelines prohibit full-time in-person instruction in the 202021 school due to the COVID-19 pandemic, this section shall apply to a local educational agency for the 202122 school year as soon as state and county health orders and guidelines no longer prohibit the local educational agency from offering in-person instruction.
PART 24.6. Open California Schools Act43600. This part shall be known, and may be cited, as the Open California Schools Act.43601. (a) As used in this part, the following definitions apply:(1) Distance learning means instruction in which the pupil and instructor are in different locations and pupils are under the general supervision of a certificated employee of the local educational agency. Distance learning may include, but is not limited to, all of the following:(A) Interaction, instruction, and check-ins between teachers and pupils through the use of a computer or communications technology.(B) Video or audio instruction in which the primary mode of communication between the pupil and certificated employee is online interaction, instructional television, video, telecourses, or other instruction that relies on computer or communications technology.(C) The use of print materials incorporating assignments that are the subject of written or oral feedback.(2) Full-time in-person instruction means in-person instruction that meets minimum schoolday and instructional minute requirements for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.(3) In-person instruction means instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil.(4) Local educational agency means a school district, county office of education, or charter school, excluding a charter school classified as a nonclassroom-based charter school pursuant to Sections 47612.5 and 47634.2 as of the 201920 fiscal year, offering distance learning in the 202021 school year due to the COVID-19 pandemic.(b) A local educational agency shall offer full-time in-person instruction as soon as state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.(c) Once state and county health orders and guidelines no longer prohibit a local educational agency from reopening for full-time in-person instruction, a local educational agency shall have no more than two weeks to transition to full-time in-person instruction.(d) (1) A local educational agency shall offer full-time in-person instruction five days per week once state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.(2) This subdivision does not apply to a local educational agency that is authorized to provide a four-day school week pursuant to Section 37700.(e) During any period of time in the 202021 or 202122 school year that state and county health orders and guidelines prohibit a local educational agency from offering full-time in-person instruction due to the COVID-19 pandemic, a local educational agency may offer a hybrid model including both in-person and distance learning that meets both of the following requirements:(1) A local educational agency offering a hybrid model shall maximize in-person instruction to the greatest extent not prohibited by the state or county health order.(2) A local educational agency offering a hybrid model shall offer, at a minimum, in-person instruction for one-half of the required instructional minutes in a minimum schoolday for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.(f) This section shall not prohibit a local educational agency from continuing to offer a distance learning option to any pupil who chooses to continue to receive distance learning.(g) This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), on a local educational agencywide or schoolwide level due to an order or guidance from a state public health officer or a local public health officer.(h) This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), for pupils who are medically fragile, would be put at risk by in-person instruction, or are self-quarantining due to exposure to COVID-19.(i) This section shall apply to a local educational agency in the 202021 school year, unless state and county health orders or guidelines do not allow full-time in-person instruction due to the COVID-19 pandemic. If state and county health orders or guidelines prohibit full-time in-person instruction in the 202021 school due to the COVID-19 pandemic, this section shall apply to a local educational agency for the 202122 school year as soon as state and county health orders and guidelines no longer prohibit the local educational agency from offering in-person instruction.
PART 24.6. Open California Schools Act
PART 24.6. Open California Schools Act
43600. This part shall be known, and may be cited, as the Open California Schools Act.
43600. This part shall be known, and may be cited, as the Open California Schools Act.
43601. (a) As used in this part, the following definitions apply:(1) Distance learning means instruction in which the pupil and instructor are in different locations and pupils are under the general supervision of a certificated employee of the local educational agency. Distance learning may include, but is not limited to, all of the following:(A) Interaction, instruction, and check-ins between teachers and pupils through the use of a computer or communications technology.(B) Video or audio instruction in which the primary mode of communication between the pupil and certificated employee is online interaction, instructional television, video, telecourses, or other instruction that relies on computer or communications technology.(C) The use of print materials incorporating assignments that are the subject of written or oral feedback.(2) Full-time in-person instruction means in-person instruction that meets minimum schoolday and instructional minute requirements for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.(3) In-person instruction means instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil.(4) Local educational agency means a school district, county office of education, or charter school, excluding a charter school classified as a nonclassroom-based charter school pursuant to Sections 47612.5 and 47634.2 as of the 201920 fiscal year, offering distance learning in the 202021 school year due to the COVID-19 pandemic.(b) A local educational agency shall offer full-time in-person instruction as soon as state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.(c) Once state and county health orders and guidelines no longer prohibit a local educational agency from reopening for full-time in-person instruction, a local educational agency shall have no more than two weeks to transition to full-time in-person instruction.(d) (1) A local educational agency shall offer full-time in-person instruction five days per week once state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.(2) This subdivision does not apply to a local educational agency that is authorized to provide a four-day school week pursuant to Section 37700.(e) During any period of time in the 202021 or 202122 school year that state and county health orders and guidelines prohibit a local educational agency from offering full-time in-person instruction due to the COVID-19 pandemic, a local educational agency may offer a hybrid model including both in-person and distance learning that meets both of the following requirements:(1) A local educational agency offering a hybrid model shall maximize in-person instruction to the greatest extent not prohibited by the state or county health order.(2) A local educational agency offering a hybrid model shall offer, at a minimum, in-person instruction for one-half of the required instructional minutes in a minimum schoolday for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.(f) This section shall not prohibit a local educational agency from continuing to offer a distance learning option to any pupil who chooses to continue to receive distance learning.(g) This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), on a local educational agencywide or schoolwide level due to an order or guidance from a state public health officer or a local public health officer.(h) This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), for pupils who are medically fragile, would be put at risk by in-person instruction, or are self-quarantining due to exposure to COVID-19.(i) This section shall apply to a local educational agency in the 202021 school year, unless state and county health orders or guidelines do not allow full-time in-person instruction due to the COVID-19 pandemic. If state and county health orders or guidelines prohibit full-time in-person instruction in the 202021 school due to the COVID-19 pandemic, this section shall apply to a local educational agency for the 202122 school year as soon as state and county health orders and guidelines no longer prohibit the local educational agency from offering in-person instruction.
43601. (a) As used in this part, the following definitions apply:
(1) Distance learning means instruction in which the pupil and instructor are in different locations and pupils are under the general supervision of a certificated employee of the local educational agency. Distance learning may include, but is not limited to, all of the following:
(A) Interaction, instruction, and check-ins between teachers and pupils through the use of a computer or communications technology.
(B) Video or audio instruction in which the primary mode of communication between the pupil and certificated employee is online interaction, instructional television, video, telecourses, or other instruction that relies on computer or communications technology.
(C) The use of print materials incorporating assignments that are the subject of written or oral feedback.
(2) Full-time in-person instruction means in-person instruction that meets minimum schoolday and instructional minute requirements for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.
(3) In-person instruction means instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil.
(4) Local educational agency means a school district, county office of education, or charter school, excluding a charter school classified as a nonclassroom-based charter school pursuant to Sections 47612.5 and 47634.2 as of the 201920 fiscal year, offering distance learning in the 202021 school year due to the COVID-19 pandemic.
(b) A local educational agency shall offer full-time in-person instruction as soon as state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.
(c) Once state and county health orders and guidelines no longer prohibit a local educational agency from reopening for full-time in-person instruction, a local educational agency shall have no more than two weeks to transition to full-time in-person instruction.
(d) (1) A local educational agency shall offer full-time in-person instruction five days per week once state and county health orders and guidelines no longer prohibit the local educational agency from reopening for full-time in-person instruction.
(2) This subdivision does not apply to a local educational agency that is authorized to provide a four-day school week pursuant to Section 37700.
(e) During any period of time in the 202021 or 202122 school year that state and county health orders and guidelines prohibit a local educational agency from offering full-time in-person instruction due to the COVID-19 pandemic, a local educational agency may offer a hybrid model including both in-person and distance learning that meets both of the following requirements:
(1) A local educational agency offering a hybrid model shall maximize in-person instruction to the greatest extent not prohibited by the state or county health order.
(2) A local educational agency offering a hybrid model shall offer, at a minimum, in-person instruction for one-half of the required instructional minutes in a minimum schoolday for the applicable grade level pursuant to Chapter 2 (commencing with Section 46100) of Part 26.
(f) This section shall not prohibit a local educational agency from continuing to offer a distance learning option to any pupil who chooses to continue to receive distance learning.
(g) This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), on a local educational agencywide or schoolwide level due to an order or guidance from a state public health officer or a local public health officer.
(h) This section shall not prohibit a local educational agency from implementing distance learning, pursuant to Part 24.5 (commencing with Section 43500), for pupils who are medically fragile, would be put at risk by in-person instruction, or are self-quarantining due to exposure to COVID-19.
(i) This section shall apply to a local educational agency in the 202021 school year, unless state and county health orders or guidelines do not allow full-time in-person instruction due to the COVID-19 pandemic. If state and county health orders or guidelines prohibit full-time in-person instruction in the 202021 school due to the COVID-19 pandemic, this section shall apply to a local educational agency for the 202122 school year as soon as state and county health orders and guidelines no longer prohibit the local educational agency from offering in-person instruction.
SEC. 2. 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. 2. 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. 2. 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. 2.
SEC. 3. 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 ensure that in-person instruction is offered at public elementary and secondary schools to the greatest extent not prohibited by state and county health orders and guidelines in the 202021 and 202122 school years, it is necessary for this act to take effect immediately.
SEC. 3. 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 ensure that in-person instruction is offered at public elementary and secondary schools to the greatest extent not prohibited by state and county health orders and guidelines in the 202021 and 202122 school years, it is necessary for this act to take effect immediately.
SEC. 3. 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:
### SEC. 3.
In order to ensure that in-person instruction is offered at public elementary and secondary schools to the greatest extent not prohibited by state and county health orders and guidelines in the 202021 and 202122 school years, it is necessary for this act to take effect immediately.