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AB-2126 Temporary school closures: notification: survey.(2019-2020)

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Date Published: 07/23/2020 09:00 PM
AB2126:v96#DOCUMENT

Amended  IN  Senate  July 23, 2020
Amended  IN  Assembly  June 04, 2020
Amended  IN  Assembly  May 12, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2126


Introduced by Assembly Member O’Donnell

February 10, 2020


An act to add Chapter 2 (commencing with Section 38010) to Part 23 of Division 3 of Title 2 of the Education Code, relating to school facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 2126, as amended, O’Donnell. Temporary school closures: notification: survey.
Existing law requires the governing board of a school district to maintain all elementary schools and high schools for an equal length of time during the school year unless the school has been closed on account of contagious disease, fire, flood, or other public disaster.
This bill would require the State Department of Education to develop and implement an internet website and a web-based application for the purpose of collecting information from a county office of education, school district, or charter school about temporary school closures, as specified. The bill would require the department to have the internet website and web-based application operative no later than July 1, 2021. The bill would require a county superintendent of schools, superintendent of a school district, or charter school administrator to notify the department through the internet website or web-based application of all temporary school closures each day the school is closed. The bill would authorize a county superintendent of schools to assume the responsibility of reporting a temporary school closure on behalf of all school districts and charter schools under the jurisdiction of that county superintendent. The bill would authorize a scheduled temporary school closure to be reported to the department through the internet website or web-based application in advance of the temporary school closure. The bill would require the department to make information related to a temporary school closure publicly available on its internet website information related to a reported temporary school closure under specified circumstances. website. The bill would require the department to develop a survey for the purpose of collecting specified information from local education educational agencies during school closures of longer than 5 school days. The bill would require the survey to be automatically distributed to a local education educational agency that reports a school closure of longer than 5 school days using the above-described internet website or web-based application developed by the department. The bill would require a county superintendent of schools, superintendent of a school district, or charter school administrator, or their designee, to submit a response to the survey to the department within a timeframe established by the department. The bill would authorize a county superintendent of schools to assume the responsibility of submitting a response to the survey on behalf of all school districts and charter schools under the jurisdiction of that county superintendent.
By imposing additional requirements on local educational agencies, the 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 It is the intent of the Legislature that the location of schoolsites and facilities be readily accessible to the department for both of the following purposes:
(a) To ensure the safety of pupils and employees during an emergency or crisis.
(b) To provide location information to emergency personnel to assist with emergency response-related activities, such as evacuations, shelters, and temporary housing locations for emergency personnel.

SEC. 2.

 Chapter 2 (commencing with Section 38010) is added to Part 23 of Division 3 of Title 2 of the Education Code, to read:
CHAPTER  2. Temporary School Closures
38010.

For purposes of this chapter, “local educational agency” means a county office of education, school district, or charter school.

38010.
 As used in this chapter, the following definitions apply:
(a) “Local educational agency” means a county office of education, school district, or charter school.
(b) “Temporary school closure” means temporary closure of school facilities, even if remote learning is taking place at another location.

38011.
 (a) The department shall develop and implement an internet website and a web-based application for the purpose of collecting information from local educational agencies about temporary school closures. The information shall include, but need not be limited to, all of the following:
(1) The name of each closed school.
(2) The duration of the school closure.
(3) The reason for the school closure. Reasons for temporary closure shall not include nonschool days on the school calendar, such as weekends, holidays, and interim breaks.
(b) The internet website and web-based application shall be operative no later than July 1, 2021.
(c) (1) Except as provided for in paragraph (2), paragraphs (2) and (3), a county superintendent of schools, superintendent of a school district, or charter school administrator, or their designee, shall notify the department through the internet website or web-based application of all temporary school closures each day the school is closed.
(2) A county superintendent of schools may assume the responsibility of fulfilling the requirement of paragraph (1) on behalf of all school districts and charter schools under the jurisdiction of that county superintendent of schools.
(3) A scheduled temporary school closure may be reported to the department through the internet website or web-based application in advance of the temporary school closure.

(d)The department shall make publicly available on its internet website the information described in subdivision (a) for a temporary school closure that is any of the following:

(1)Related to a proclamation by the Governor of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).

(2)Related to a Presidential declaration of a major disaster or emergency issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.).

(3)Determined at the discretion of the department.

(d) The department shall make the information reported pursuant to subdivision (a) publicly available on its internet website.
(e) (1) The department shall develop a survey for the purpose of collecting information from local education educational agencies during school closures of longer than five school days. The information collected by the survey shall include, but need not be limited to, both of the following:

(A)The local educational agency’s plan, if any, to deliver instruction to pupils during the school closure of longer than five school days.

(A) Whether the local educational agency has a plan to deliver instruction to pupils during the school closure of longer than five school days, and if so, a description of the plan, including how the local educational agency will assess whether all pupils have access to connectivity and devices adequate to participate in the educational program and complete assigned work.
(B) The Whether the local educational agency’s plan, if any, agency has a plan to deliver nutrition services to pupils during the school closure of longer than five school days. days, and if so, a description of the plan.
(2) The survey developed pursuant to paragraph (1) shall be automatically distributed to a local education educational agency that reports a school closure of longer than five school days using the internet website or web-based application developed by the department pursuant to subdivision (a).
(3) (A) Except as provided for in subparagraph (B), a county superintendent of schools, superintendent of a school district, or charter school administrator, or their designee, shall submit a response to the survey developed pursuant to paragraph (1) to the department within a timeframe established by the department.
(B) A county superintendent of schools may assume the responsibility of fulfilling the requirement of paragraph (1) subparagraph (A) on behalf of all school districts and charter schools under the jurisdiction of that county superintendent of schools.

SEC. 3.

 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.