Code Section

32526.  

(a) (1) For the 2022–23 fiscal year, the sum of six billion three hundred forty-five million four hundred five thousand dollars ($6,345,405,000) is hereby appropriated from the General Fund to the department for transfer to the Learning Recovery Emergency Fund created in Section 32525. The Superintendent shall allocate available moneys in the Learning Recovery Emergency Fund deposited pursuant to this section to local educational agencies in the manner, and for the purposes, set forth in this section. This allocation shall be known as the Learning Recovery Emergency Block Grant.

(2) For purposes of this section, the following definitions apply:

(A) “Evidence-based” has the same meaning as that term is used in Section 7801(21)(A) of Title 20 of the United States Code.

(B) “Local educational agency” means a school district, county office of education, or charter school.

(3) The department may collect, from a local educational agency’s principal apportionment monthly payment pursuant to Section 14041, the difference between the local educational agency’s allocation for the Learning Recovery Emergency Block Grant pursuant to this section, as amended by Assembly Bill 185 of the 2021–22 Regular Session, and the revised allocation pursuant to this section, as amended by Senate Bill 114 of the 2023–24 Regular Session. The department shall report any uncollectible amounts to the Department of Finance and the Legislature by January 31, 2024.

(b) Funds described in subdivision (a) shall be allocated on a per-unit basis of the local educational agency’s 2021–22 fiscal year second period reported kindergarten and grades 1 to 12, inclusive, average daily attendance multiplied by the local educational agency’s 2021–22 unduplicated pupil percentage calculated pursuant to Section 2574 or 42238.02, as applicable. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.

(c) (1) The governing board or body of a local educational agency may expend the one-time funds received pursuant to this section to establish learning recovery initiatives through the 2027–28 school year that, at a minimum, support academic learning recovery and staff and pupil social and emotional well-being.

(2) Specifically, funds received under subdivision (b) shall only be expended for any of the following purposes:

(A) Instructional learning time for the 2022–23 through 2027–28 school years by increasing the number of instructional days or minutes provided during the school year, providing summer school or intersessional instructional programs, or taking any other evidence-based action that increases or stabilizes the amount of instructional time or services provided to pupils, or decreases or stabilizes staff-to-pupil ratios, based on pupil learning needs.

(B) Accelerating progress to close learning gaps through the implementation, expansion, or enhancement of evidence-based learning supports, such as:

(i) Tutoring or other one-on-one or small group learning supports provided by certificated or classified staff.

(ii) Learning recovery programs and materials designed to accelerate pupil academic proficiency or English language proficiency, or both.

(iii) Providing early intervention and literacy programs for pupils in preschool to grade 3, inclusive, including, but not limited to, school library access.

(iv) Supporting expanded learning opportunity program services pursuant to Section 46120.

(v) Providing instruction and services consistent with the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6) regardless of grantee status.

(vi) Providing professional development and coaching on either or both of the following:

(I) The 2023 Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve.

(II) The English Language Arts/English Language Development Framework for California Public Schools: Kindergarten Through Grade Twelve.

(C) Integrating evidence-based pupil supports to address other barriers to learning, and staff supports and training, such as the provision of health, counseling, or mental health services, access to school meal programs, before and after school programs, or programs to address pupil trauma and social-emotional learning, or referrals for support for family or pupil needs.

(D) Access to instruction for credit-deficient pupils to complete graduation or grade promotion requirements and to increase or improve pupils’ college eligibility.

(E) Additional academic services for pupils, such as diagnostic, progress monitoring, and benchmark assessments of pupil learning.

(F) Conducting the needs assessment pursuant to subdivision (d).

(d) (1) A local educational agency that has received or will receive apportioned funds pursuant to this section shall develop a needs assessment regarding the use and expenditure of funds for the 2025–26, 2026–27, and 2027–28 school years.

(2) The local educational agency shall ensure that the needs assessment:

(A) Identifies pupils in the greatest need of learning recovery supports and the interventions that the local educational agency has selected to address those pupils’ needs pursuant to paragraph (2) of subdivision (c).

(B) Includes a review of each of the following metrics:

(i) Assessment of academic performance in English language arts and mathematics, including, at least:

(I) Across schoolsites, as applicable, and at the local educational agency level based on the performance of pupil groups identified in the “Very Low” or “Low” status levels on the California School Dashboard.

(II) All pupils within the local educational agency whose scale score places them in the lowest achievement level or on the low end of the second lowest achievement level.

(ii) Assessment of chronic absenteeism, including at least:

(I) Across schoolsites, as applicable, and at the local educational agency level based on the performance of pupil groups identified in the “Very High” or “High” status levels on the California School Dashboard or, for high schools, at comparatively low levels of performance based on reports on the department’s internet website.

(II) All pupils reported as chronically absent. Local educational agencies are encouraged to conduct further analysis focused on pupils who have high rates of unexcused absences.

(3) A local educational agency may include local metrics as part of the needs assessment that identify pupils who have experienced learning loss or low academic performance, such as formative or interim assessments or similar tools, or evidence of disengagement from school, such as current-year absenteeism data or any metrics the local educational agency uses to identify pupils in need of reengagement services.

(4) The department shall provide written technical assistance for schools and local educational agencies that describes how to use local metrics in conjunction with the metrics required pursuant to paragraph (2).

(5) A local educational agency may contract with a third party to develop or otherwise support the development of the needs assessment.

(6) A local educational agency is encouraged to contract, or otherwise partner with, community-based organizations with a track record of success in serving high-needs pupils to deliver the services or programs authorized by this section.

(7) It is the intent of the Legislature that the department provide assistance to local educational agencies by providing information, including data reports, necessary to facilitate and assist the local educational agency’s development of the needs assessment pursuant to this subdivision and integration of the needs assessments conducted pursuant to the Literacy Coaches and Reading Specialists Grant Program established pursuant to Section 137 of Chapter 52 of the Statutes of 2022 and the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6) in planning pursuant to this section.

(e) (1) Local educational agencies receiving apportionments pursuant to this section shall report to the department, using the template developed by the department, and make publicly available on their internet websites, interim expenditures of those apportioned funds to the department by December 15, 2024.

(2) If a charter school ceases to operate before December 15, 2029, a final expenditure report, using the template developed by the department, shall be due to the department within 60 days of the effective date of closure and the department shall collect any unspent amounts.

(3) (A) The department, on or before June 30, 2023, shall develop an expenditure report template for use by local educational agencies in fulfilling the requirements of paragraph (1).

(B) The template shall require the inclusion of the total expenditures, by fiscal year, for each allowable use pursuant to paragraph (2) of subdivision (c), disaggregated by each allowable use specified in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (c).

(C) The template shall, to the greatest extent practicable, use language that is understandable and accessible to parents.

(f) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, five billion six hundred twenty-five million six hundred forty-eight thousand dollars ($5,625,648,000) of the appropriation made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year.

(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, seven hundred nineteen million seven hundred fifty-seven thousand dollars ($719,757,000) of the appropriation made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2022–23 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2022–23 fiscal year.

(g) It is the intent of the Legislature to allocate three hundred seventy-eight million six hundred fifty thousand dollars ($378,650,000) per year from the 2025–26 fiscal year to 2027–28 fiscal year, inclusive, to the department for transfer to the Learning Recovery Emergency Fund created pursuant to Section 32525.