COVID-19
CSBA releases “Guide to School Closures in 2021–22”
Severe staffing shortages may qualify an LEA to close schools

The state of California has emphasized that keeping students in the classroom is a priority for the 2021–22 academic year. Assembly Bill 130 and the follow up AB 167 established independent study requirements and school closure procedures for local educational agencies to meet the goal of uninterrupted in-person instruction. Unfortunately, the process laid out in AB 130 has proven confusing in practical application.

High absentee rates among students and staff result in a loss of instructional days, which, in turn, can affect apportionment and funding. Typically, when an emergency condition causes a school closure, reduction in attendance, or change in schedule preventing an LEA from complying with the minimum number of instructional days or minutes required by law, the LEA can use the J-13A waiver process to obtain approval of apportionment credit. During the normal waiver process, LEAs complete necessary paperwork after the fact so that they can properly document the circumstances and the number of instructional days missed. However, under AB 167, there are additional requirements to receive credit for emergency apportionment including additional steps required prior to closing any schools.

CSBA has prepared a helpful guide to provide a better understanding of the process that must be followed to close schools and receive apportionment credit when facing significant employee absences when there has been no state or local public health order closing schools.

The full guide can be found here: https://bit.ly/3omLeFs

Independent study must be voluntary

For the 2021–22 school year, with limited exception, LEAs are required to offer independent study programs that give students the option to learn at home. AB 167 authorizes a district to receive apportionment credit for independent study for any student who is unable to attend in-person instruction due to a quarantine, pursuant to a local or state public health guidance for exposure to or infection with COVID, or due to a school closure for COVID.

For additional information about independent study, see CSBA’s Board Policy and Administrative Regulation 6158 – Independent Study.

COVID outbreak school closure flow chart
Material decrease in student attendance

Schools may continue to experience high rates of absenteeism among students. If an LEA wants to receive apportionment credit, student absences alone cannot be the cause of closing schools without a state of local health closure order. From Sept. 1, 2021, to June 30, 2022, LEAs cannot use the J-13A waiver process to receive credit for decreases in student attendance that result from students being quarantined and unable to attend in-person instruction due to exposure to, or infection with, COVID. However, the J-13A waiver may still be used to receive credit for material decreases in student attendance that occurred prior to Sept. 1, 2021. The J-13A waiver process may also be used in 2021–22 for decreases in student attendance for students in community day schools or students with exceptional needs whose individualized education programs do not specifically provide for participation in independent study regardless of the date of loss.

Material decrease in staffing

COVID impacts on staffing may allow LEAs to close schools. The J-13A waiver can be used if the LEA is unable to provide in-person instruction to students due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID, or because of a local or state public health guidance, but only if the following criteria have been met:

  1. The LEA has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options to fill certificated positions and using all staff options to fill classified positions
  2. The LEA has consulted with their county office of education
  3. The LEA has consulted with the California Department of Education in determining that staffing needs cannot be met through any option
  4. The LEA has offered independent study to all eligible students during the school closure
Steps that may mitigate funding loss if closure becomes necessary
  1. Evaluate staffing shortages, predicted staffing shortages and availability of substitutes.

    Discuss staffing concerns with labor partners and evaluate your district’s need for extra assistance to mitigate staff absences. Utilize all certificated staff and substitute teacher options.

  2. Consult with your county office of education.

    To receive state funding following the submission of a J-13A waiver, the district must have consulted with the COE prior to any school closure.

    Best practice tip: if necessary, clarify with your COE what constitutes a “consultation” under Education Code § 41422. If possible, confirm in writing that a consultation occurred.

  3. Consult with the California Department of Education.

    AB 167 requires consultation with both the CDE and the COE before LEAs can submit to CDE a J-13A prompted by staffing shortages. LEAs can sign up for CDE consultations using this form: https://bit.ly/35dYk1h.

  4. Request that your governing board prepare and sign affidavits.

    AB 130 requires affidavits from governing boards outlining specific information to the satisfaction of the State Superintendent of Public Instruction (SPI) and the COE to receive average daily attendance credit when a school is closed due to COVID-related staffing shortages.

Governing board affidavits must include statements that:

  1. The LEA 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 pursuant to local or state public health guidance.
  2. For certificated staff shortages, the LEA 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 SPI in determining that staffing needs cannot be met through any option.
  3. For classified staff shortages, the LEA has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the SPI in determining that staffing needs cannot be met through any option.
  4. Determine whether to close schools.

    Follow any guidelines provided to you by CDE and the COE. If the LEA meets the requirements for a J-13A waiver and decides to close schools, it is important to provide all necessary information to the community in a clear and timely communication. Utilize communication channels to inform students, parents/guardians and staff of the closure — why is it happening, when it will be in effect and how it will impact students.

  5. Complete J-13A waiver for the number of days your schools were closed.

    At the end of your school closures, complete the necessary J-13A waiver for the number of days your schools were closed.

Should you need further information, please contact legal@csba.org. If you wish to speak with a CSBA attorney to receive legal advice, please email legalservices@csba.org or visit our webpage to find out how you and your district can participate in CSBA’s District and County Office of Education Legal Services Program.