CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1479Introduced by Senator Pan(Coauthors: Senators Newman and Wiener)(Coauthors: Assembly Members Aguiar-Curry, Low, Akilah Weber, and Wicks)February 18, 2022 An act to add Article 9 (commencing with Section 32096) to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTSB 1479, as introduced, Pan. COVID-19 testing in schools: COVID-19 testing plans.Existing law appropriates funds to the State Department of Public Health for various programs related to the safe reopening of schools during the COVID-19 pandemic, including funds to support COVID-19 testing in schools allocated from the federal American Rescue Plan Act of 2021 and funds from the General Fund for the Safe Schools For All Team to coordinate technical assistance, community engagement, increased transparency, and enforcement by the appropriate entity for public school health and safety during the COVID-19 pandemic. Existing law authorizes certain school apportionments to be used for any purpose consistent with providing in-person instruction for any pupil participating in in-person instruction, including, but not limited to, COVID-19 testing, as provided. Existing law prescribes public health reporting requirements related to COVID-19 for local educational agencies, including the development of a COVID-19 safety plan, as provided. This bill would, contingent on an appropriation, require the department to continue administering specified school district, county office of education, and charter school COVID-19 testing programs that are currently federally funded, and would require appropriated funds to be used for testing programs for teachers, staff, and pupils to help schools reopen and keep schools operating safely for in-person learning. The bill would also require those funds to be used to expand the departments contagious, infectious, or communicable disease testing and other public health mitigation efforts to include prekindergarten, onsite after school programs, and childcare centers.This bill would require each school district, county office of education, and charter school to create a COVID-19 testing plan and designate one staff member to report information on its COVID-19 testing program to the department. The bill would require that all COVID-19 testing data be in a format that facilitates a simple process by which parents and local educational agencies may report data to the department. By imposing new obligations on local educational agencies, the bill would impose a state-mandated local program. The bill would also authorize each school within a school district to name a staff member to lead its COVID-19 testing program. The bill would require the department to determine which COVID-19 tests are appropriate for the testing program.The bill would make the implementation of all of its provisions contingent upon an appropriation by the Legislature.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 9 (commencing with Section 32096) is added to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, to read: Article 9. COVID-19 Testing in Schools32096. (a) For purposes of this section, local educational agency means a school district, county office of education, or charter school.(b) Contingent upon an appropriation of funds by the Legislature for its purpose, the State Department of Public Health shall continue administering those COVID-19 testing programs in local educational agencies serving pupils in kindergarten and grades 1 to 12, inclusive, that are currently funded by federal resources and organized under the California COVID-19 Testing Task Force. These funds shall be used for testing programs for teachers, staff, and pupils to help local educational agencies reopen and keep local educational agencies operating safely for in-person learning.(c) Funds appropriated for purposes of this section shall also be used to expand the State Department of Public Healths contagious, infectious, or communicable disease testing and other public health mitigation efforts to include prekindergarten, onsite after school programs, and childcare centers. (d) If the state secures additional federal funds through the United States Centers for Disease Control and Prevention Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases Program for the purposes of COVID-19 testing in local educational agencies, any federal funds shall be expended before allocating state funds described in subdivisions (b) and (c). (e) (1) The State Department of Public Health shall require each local educational agency to create a COVID-19 testing plan.(2) Each local educational agency shall designate one staff member to report information on its COVID-19 testing program to the State Department of Public Health.(3) All COVID-19 testing data shall be in a format that facilitates a simple process by which parents and local educational agencies may report data to the State Department of Public Health. (4) A school within a school district may name a staff member to lead its COVID-19 testing program.(f) The State Department of Public Health shall determine which COVID-19 tests are appropriate for use for the testing programs described in this section.(g) Implementation of the provisions of this section are contingent upon an appropriation in the annual Budget Act or another statute for this purpose.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.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1479Introduced by Senator Pan(Coauthors: Senators Newman and Wiener)(Coauthors: Assembly Members Aguiar-Curry, Low, Akilah Weber, and Wicks)February 18, 2022 An act to add Article 9 (commencing with Section 32096) to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTSB 1479, as introduced, Pan. COVID-19 testing in schools: COVID-19 testing plans.Existing law appropriates funds to the State Department of Public Health for various programs related to the safe reopening of schools during the COVID-19 pandemic, including funds to support COVID-19 testing in schools allocated from the federal American Rescue Plan Act of 2021 and funds from the General Fund for the Safe Schools For All Team to coordinate technical assistance, community engagement, increased transparency, and enforcement by the appropriate entity for public school health and safety during the COVID-19 pandemic. Existing law authorizes certain school apportionments to be used for any purpose consistent with providing in-person instruction for any pupil participating in in-person instruction, including, but not limited to, COVID-19 testing, as provided. Existing law prescribes public health reporting requirements related to COVID-19 for local educational agencies, including the development of a COVID-19 safety plan, as provided. This bill would, contingent on an appropriation, require the department to continue administering specified school district, county office of education, and charter school COVID-19 testing programs that are currently federally funded, and would require appropriated funds to be used for testing programs for teachers, staff, and pupils to help schools reopen and keep schools operating safely for in-person learning. The bill would also require those funds to be used to expand the departments contagious, infectious, or communicable disease testing and other public health mitigation efforts to include prekindergarten, onsite after school programs, and childcare centers.This bill would require each school district, county office of education, and charter school to create a COVID-19 testing plan and designate one staff member to report information on its COVID-19 testing program to the department. The bill would require that all COVID-19 testing data be in a format that facilitates a simple process by which parents and local educational agencies may report data to the department. By imposing new obligations on local educational agencies, the bill would impose a state-mandated local program. The bill would also authorize each school within a school district to name a staff member to lead its COVID-19 testing program. The bill would require the department to determine which COVID-19 tests are appropriate for the testing program.The bill would make the implementation of all of its provisions contingent upon an appropriation by the Legislature.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1479
Introduced by Senator Pan(Coauthors: Senators Newman and Wiener)(Coauthors: Assembly Members Aguiar-Curry, Low, Akilah Weber, and Wicks)February 18, 2022
Introduced by Senator Pan(Coauthors: Senators Newman and Wiener)(Coauthors: Assembly Members Aguiar-Curry, Low, Akilah Weber, and Wicks)
February 18, 2022
An act to add Article 9 (commencing with Section 32096) to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1479, as introduced, Pan. COVID-19 testing in schools: COVID-19 testing plans.
Existing law appropriates funds to the State Department of Public Health for various programs related to the safe reopening of schools during the COVID-19 pandemic, including funds to support COVID-19 testing in schools allocated from the federal American Rescue Plan Act of 2021 and funds from the General Fund for the Safe Schools For All Team to coordinate technical assistance, community engagement, increased transparency, and enforcement by the appropriate entity for public school health and safety during the COVID-19 pandemic. Existing law authorizes certain school apportionments to be used for any purpose consistent with providing in-person instruction for any pupil participating in in-person instruction, including, but not limited to, COVID-19 testing, as provided. Existing law prescribes public health reporting requirements related to COVID-19 for local educational agencies, including the development of a COVID-19 safety plan, as provided. This bill would, contingent on an appropriation, require the department to continue administering specified school district, county office of education, and charter school COVID-19 testing programs that are currently federally funded, and would require appropriated funds to be used for testing programs for teachers, staff, and pupils to help schools reopen and keep schools operating safely for in-person learning. The bill would also require those funds to be used to expand the departments contagious, infectious, or communicable disease testing and other public health mitigation efforts to include prekindergarten, onsite after school programs, and childcare centers.This bill would require each school district, county office of education, and charter school to create a COVID-19 testing plan and designate one staff member to report information on its COVID-19 testing program to the department. The bill would require that all COVID-19 testing data be in a format that facilitates a simple process by which parents and local educational agencies may report data to the department. By imposing new obligations on local educational agencies, the bill would impose a state-mandated local program. The bill would also authorize each school within a school district to name a staff member to lead its COVID-19 testing program. The bill would require the department to determine which COVID-19 tests are appropriate for the testing program.The bill would make the implementation of all of its provisions contingent upon an appropriation by the Legislature.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.
Existing law appropriates funds to the State Department of Public Health for various programs related to the safe reopening of schools during the COVID-19 pandemic, including funds to support COVID-19 testing in schools allocated from the federal American Rescue Plan Act of 2021 and funds from the General Fund for the Safe Schools For All Team to coordinate technical assistance, community engagement, increased transparency, and enforcement by the appropriate entity for public school health and safety during the COVID-19 pandemic. Existing law authorizes certain school apportionments to be used for any purpose consistent with providing in-person instruction for any pupil participating in in-person instruction, including, but not limited to, COVID-19 testing, as provided. Existing law prescribes public health reporting requirements related to COVID-19 for local educational agencies, including the development of a COVID-19 safety plan, as provided.
This bill would, contingent on an appropriation, require the department to continue administering specified school district, county office of education, and charter school COVID-19 testing programs that are currently federally funded, and would require appropriated funds to be used for testing programs for teachers, staff, and pupils to help schools reopen and keep schools operating safely for in-person learning. The bill would also require those funds to be used to expand the departments contagious, infectious, or communicable disease testing and other public health mitigation efforts to include prekindergarten, onsite after school programs, and childcare centers.
This bill would require each school district, county office of education, and charter school to create a COVID-19 testing plan and designate one staff member to report information on its COVID-19 testing program to the department. The bill would require that all COVID-19 testing data be in a format that facilitates a simple process by which parents and local educational agencies may report data to the department. By imposing new obligations on local educational agencies, the bill would impose a state-mandated local program. The bill would also authorize each school within a school district to name a staff member to lead its COVID-19 testing program. The bill would require the department to determine which COVID-19 tests are appropriate for the testing program.
The bill would make the implementation of all of its provisions contingent upon an appropriation by the Legislature.
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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Article 9 (commencing with Section 32096) is added to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, to read: Article 9. COVID-19 Testing in Schools32096. (a) For purposes of this section, local educational agency means a school district, county office of education, or charter school.(b) Contingent upon an appropriation of funds by the Legislature for its purpose, the State Department of Public Health shall continue administering those COVID-19 testing programs in local educational agencies serving pupils in kindergarten and grades 1 to 12, inclusive, that are currently funded by federal resources and organized under the California COVID-19 Testing Task Force. These funds shall be used for testing programs for teachers, staff, and pupils to help local educational agencies reopen and keep local educational agencies operating safely for in-person learning.(c) Funds appropriated for purposes of this section shall also be used to expand the State Department of Public Healths contagious, infectious, or communicable disease testing and other public health mitigation efforts to include prekindergarten, onsite after school programs, and childcare centers. (d) If the state secures additional federal funds through the United States Centers for Disease Control and Prevention Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases Program for the purposes of COVID-19 testing in local educational agencies, any federal funds shall be expended before allocating state funds described in subdivisions (b) and (c). (e) (1) The State Department of Public Health shall require each local educational agency to create a COVID-19 testing plan.(2) Each local educational agency shall designate one staff member to report information on its COVID-19 testing program to the State Department of Public Health.(3) All COVID-19 testing data shall be in a format that facilitates a simple process by which parents and local educational agencies may report data to the State Department of Public Health. (4) A school within a school district may name a staff member to lead its COVID-19 testing program.(f) The State Department of Public Health shall determine which COVID-19 tests are appropriate for use for the testing programs described in this section.(g) Implementation of the provisions of this section are contingent upon an appropriation in the annual Budget Act or another statute for this purpose.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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Article 9 (commencing with Section 32096) is added to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, to read: Article 9. COVID-19 Testing in Schools32096. (a) For purposes of this section, local educational agency means a school district, county office of education, or charter school.(b) Contingent upon an appropriation of funds by the Legislature for its purpose, the State Department of Public Health shall continue administering those COVID-19 testing programs in local educational agencies serving pupils in kindergarten and grades 1 to 12, inclusive, that are currently funded by federal resources and organized under the California COVID-19 Testing Task Force. These funds shall be used for testing programs for teachers, staff, and pupils to help local educational agencies reopen and keep local educational agencies operating safely for in-person learning.(c) Funds appropriated for purposes of this section shall also be used to expand the State Department of Public Healths contagious, infectious, or communicable disease testing and other public health mitigation efforts to include prekindergarten, onsite after school programs, and childcare centers. (d) If the state secures additional federal funds through the United States Centers for Disease Control and Prevention Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases Program for the purposes of COVID-19 testing in local educational agencies, any federal funds shall be expended before allocating state funds described in subdivisions (b) and (c). (e) (1) The State Department of Public Health shall require each local educational agency to create a COVID-19 testing plan.(2) Each local educational agency shall designate one staff member to report information on its COVID-19 testing program to the State Department of Public Health.(3) All COVID-19 testing data shall be in a format that facilitates a simple process by which parents and local educational agencies may report data to the State Department of Public Health. (4) A school within a school district may name a staff member to lead its COVID-19 testing program.(f) The State Department of Public Health shall determine which COVID-19 tests are appropriate for use for the testing programs described in this section.(g) Implementation of the provisions of this section are contingent upon an appropriation in the annual Budget Act or another statute for this purpose.
SECTION 1. Article 9 (commencing with Section 32096) is added to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, to read:
### SECTION 1.
Article 9. COVID-19 Testing in Schools32096. (a) For purposes of this section, local educational agency means a school district, county office of education, or charter school.(b) Contingent upon an appropriation of funds by the Legislature for its purpose, the State Department of Public Health shall continue administering those COVID-19 testing programs in local educational agencies serving pupils in kindergarten and grades 1 to 12, inclusive, that are currently funded by federal resources and organized under the California COVID-19 Testing Task Force. These funds shall be used for testing programs for teachers, staff, and pupils to help local educational agencies reopen and keep local educational agencies operating safely for in-person learning.(c) Funds appropriated for purposes of this section shall also be used to expand the State Department of Public Healths contagious, infectious, or communicable disease testing and other public health mitigation efforts to include prekindergarten, onsite after school programs, and childcare centers. (d) If the state secures additional federal funds through the United States Centers for Disease Control and Prevention Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases Program for the purposes of COVID-19 testing in local educational agencies, any federal funds shall be expended before allocating state funds described in subdivisions (b) and (c). (e) (1) The State Department of Public Health shall require each local educational agency to create a COVID-19 testing plan.(2) Each local educational agency shall designate one staff member to report information on its COVID-19 testing program to the State Department of Public Health.(3) All COVID-19 testing data shall be in a format that facilitates a simple process by which parents and local educational agencies may report data to the State Department of Public Health. (4) A school within a school district may name a staff member to lead its COVID-19 testing program.(f) The State Department of Public Health shall determine which COVID-19 tests are appropriate for use for the testing programs described in this section.(g) Implementation of the provisions of this section are contingent upon an appropriation in the annual Budget Act or another statute for this purpose.
Article 9. COVID-19 Testing in Schools32096. (a) For purposes of this section, local educational agency means a school district, county office of education, or charter school.(b) Contingent upon an appropriation of funds by the Legislature for its purpose, the State Department of Public Health shall continue administering those COVID-19 testing programs in local educational agencies serving pupils in kindergarten and grades 1 to 12, inclusive, that are currently funded by federal resources and organized under the California COVID-19 Testing Task Force. These funds shall be used for testing programs for teachers, staff, and pupils to help local educational agencies reopen and keep local educational agencies operating safely for in-person learning.(c) Funds appropriated for purposes of this section shall also be used to expand the State Department of Public Healths contagious, infectious, or communicable disease testing and other public health mitigation efforts to include prekindergarten, onsite after school programs, and childcare centers. (d) If the state secures additional federal funds through the United States Centers for Disease Control and Prevention Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases Program for the purposes of COVID-19 testing in local educational agencies, any federal funds shall be expended before allocating state funds described in subdivisions (b) and (c). (e) (1) The State Department of Public Health shall require each local educational agency to create a COVID-19 testing plan.(2) Each local educational agency shall designate one staff member to report information on its COVID-19 testing program to the State Department of Public Health.(3) All COVID-19 testing data shall be in a format that facilitates a simple process by which parents and local educational agencies may report data to the State Department of Public Health. (4) A school within a school district may name a staff member to lead its COVID-19 testing program.(f) The State Department of Public Health shall determine which COVID-19 tests are appropriate for use for the testing programs described in this section.(g) Implementation of the provisions of this section are contingent upon an appropriation in the annual Budget Act or another statute for this purpose.
Article 9. COVID-19 Testing in Schools
Article 9. COVID-19 Testing in Schools
32096. (a) For purposes of this section, local educational agency means a school district, county office of education, or charter school.(b) Contingent upon an appropriation of funds by the Legislature for its purpose, the State Department of Public Health shall continue administering those COVID-19 testing programs in local educational agencies serving pupils in kindergarten and grades 1 to 12, inclusive, that are currently funded by federal resources and organized under the California COVID-19 Testing Task Force. These funds shall be used for testing programs for teachers, staff, and pupils to help local educational agencies reopen and keep local educational agencies operating safely for in-person learning.(c) Funds appropriated for purposes of this section shall also be used to expand the State Department of Public Healths contagious, infectious, or communicable disease testing and other public health mitigation efforts to include prekindergarten, onsite after school programs, and childcare centers. (d) If the state secures additional federal funds through the United States Centers for Disease Control and Prevention Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases Program for the purposes of COVID-19 testing in local educational agencies, any federal funds shall be expended before allocating state funds described in subdivisions (b) and (c). (e) (1) The State Department of Public Health shall require each local educational agency to create a COVID-19 testing plan.(2) Each local educational agency shall designate one staff member to report information on its COVID-19 testing program to the State Department of Public Health.(3) All COVID-19 testing data shall be in a format that facilitates a simple process by which parents and local educational agencies may report data to the State Department of Public Health. (4) A school within a school district may name a staff member to lead its COVID-19 testing program.(f) The State Department of Public Health shall determine which COVID-19 tests are appropriate for use for the testing programs described in this section.(g) Implementation of the provisions of this section are contingent upon an appropriation in the annual Budget Act or another statute for this purpose.
32096. (a) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
(b) Contingent upon an appropriation of funds by the Legislature for its purpose, the State Department of Public Health shall continue administering those COVID-19 testing programs in local educational agencies serving pupils in kindergarten and grades 1 to 12, inclusive, that are currently funded by federal resources and organized under the California COVID-19 Testing Task Force. These funds shall be used for testing programs for teachers, staff, and pupils to help local educational agencies reopen and keep local educational agencies operating safely for in-person learning.
(c) Funds appropriated for purposes of this section shall also be used to expand the State Department of Public Healths contagious, infectious, or communicable disease testing and other public health mitigation efforts to include prekindergarten, onsite after school programs, and childcare centers.
(d) If the state secures additional federal funds through the United States Centers for Disease Control and Prevention Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases Program for the purposes of COVID-19 testing in local educational agencies, any federal funds shall be expended before allocating state funds described in subdivisions (b) and (c).
(e) (1) The State Department of Public Health shall require each local educational agency to create a COVID-19 testing plan.
(2) Each local educational agency shall designate one staff member to report information on its COVID-19 testing program to the State Department of Public Health.
(3) All COVID-19 testing data shall be in a format that facilitates a simple process by which parents and local educational agencies may report data to the State Department of Public Health.
(4) A school within a school district may name a staff member to lead its COVID-19 testing program.
(f) The State Department of Public Health shall determine which COVID-19 tests are appropriate for use for the testing programs described in this section.
(g) Implementation of the provisions of this section are contingent upon an appropriation in the annual Budget Act or another statute for this purpose.
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.