Code Section

Education Code - EDC

TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001]

  ( Title 2 enacted by Stats. 1976, Ch. 1010. )
  

DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001]

  ( Division 4 enacted by Stats. 1976, Ch. 1010. )
  

PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610]

  ( Part 26 enacted by Stats. 1976, Ch. 1010. )
  

CHAPTER 3. Average Daily Attendance [46300 - 46393]

  ( Chapter 3 enacted by Stats. 1976, Ch. 1010. )
  

ARTICLE 8. Emergency Average Daily Attendance [46390 - 46393]
  ( Article 8 enacted by Stats. 1976, Ch. 1010. )

  
46393.  

(a) For affidavits submitted to the Superintendent for events occurring after September 1, 2021, that resulted in a school closure or material decrease in attendance, a school district, county office of education, or charter school that provides an affidavit to the Superintendent, pursuant to Section 41422 or 46392, shall certify that it has a plan for which independent study will be offered to pupils, pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4. The plan shall comply with all of the following:

(1) Independent study is offered to any pupil impacted by any of the conditions listed in Section 46392 within 10 days of the first day of a school closure or material decrease in attendance. Pupils who are individuals with exceptional needs shall receive the services identified in their individualized education programs pursuant to paragraph (9) of subdivision (a) of Section 56345 and may participate in an independent study program.

(2) Require reopening for in-person instruction as soon as possible unless prohibited under the direction of the local or state health officer.

(3) Notwithstanding subdivision (c) of Section 51745 or subparagraph (F) of paragraph (9) of subdivision (g) of Section 51747, include information regarding establishing independent study master agreements in a reasonable amount of time.

(b) (1) Notwithstanding subdivision (a), the plan is not required to comply with subdivision (d), (e), or (f) of Section 51747 for school closures or a material decrease in attendance for 15 days or less for affected pupils.

(2) Notwithstanding subdivision (a), the plan is not required to comply with subdivision (d), (e), or (f) of Section 51747 if the school district or county office of education has a waiver of the requirement to offer independent study pursuant to subdivision (g) of Section 51745.

(c) A copy of the plan and, if applicable, the state or local public health or public safety order that required school closure shall accompany the affidavit provided to the Superintendent described in subdivision (a).

(Amended by Stats. 2021, Ch. 252, Sec. 20. (AB 167) Effective September 23, 2021.)