Code Section Group

Education Code - EDC

TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32500]

  ( Title 1 enacted by Stats. 1976, Ch. 1010. )

DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32500]

  ( Division 1 enacted by Stats. 1976, Ch. 1010. )

PART 19. MISCELLANEOUS [32001 - 32454]

  ( Part 19 enacted by Stats. 1976, Ch. 1010. )

CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32095]

  ( Chapter 1 enacted by Stats. 1976, Ch. 1010. )

ARTICLE 8. COVID-19 Reporting and Public Health Requirements [32090 - 32095]
  ( Article 8 added by Stats. 2021, Ch. 10, Sec. 1. )

32090.
  

(a) (1) Upon learning that a school employee or pupil at a public or private school campus maintaining kindergarten or any of grades 1 to 12, inclusive, in the state has tested positive for COVID-19 and was present on campus while infectious, the school administrator or other person in charge of the public or private school shall immediately, and in no case later than 24 hours after learning of the positive case, notify the local health officer or the local health officer’s representative about the positive case.

(2) For purposes of this subdivision, the required notification to the local health officer or the local health officer’s representative shall include all of the following information, if known:

(A) Identifying information of the individual who tested positive, including full name, address, telephone number, and date of birth.

(B) The date of the positive test, the school or schools at which the individual was present onsite, and the date the individual was last onsite at the applicable school or schools.

(C) The name, address, and telephone number of the person making the report.

(3) The school administrator or other person in charge of the school shall notify the local health officer or the local health officer’s representative, as required by this subdivision, even if the individual who tested positive has not provided prior consent to the disclosure of personally identifiable information. For any school subject to the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), the school administrator or other person in charge of the school shall notify the local health officer or the local health officer’s representative, even without prior written consent, as a disclosure that is necessary to protect the health or safety of the student or other individuals pursuant to Section 99.36 of Title 34 of the Code of Federal Regulations.

(4) (A) Information reported pursuant to this subdivision shall not be disclosed by a local public health department, except in any of the following circumstances:

(i) To the State Department of Public Health to the extent deemed necessary by the local health officer for an investigation to determine the source of infection and to prevent the spread of COVID-19.

(ii) If required by state or federal law.

(iii) With the written consent of the individual to whom the information pertains or the legal representative of the individual.

(iv) If the source of infection or exposure of other persons is believed to be outside the local jurisdiction, in which case the local health officer shall notify and share necessary information with local or government public health officials for the relevant jurisdictions to monitor, investigate, prevent, and control the spread of COVID-19.

(B) Upon receiving a report made pursuant to this article, the local health officer shall take the steps necessary to investigate, prevent, and control the spread of COVID-19.

(C) Information reported under this subdivision is not subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) pursuant to subdivision (c) of Section 6254 of the Government Code.

(5) The requirements of this subdivision shall be in addition to any other legal requirements related to the reporting of a communicable disease.

(b) Beginning March 15, 2021, a single schoolsite of a local educational agency with two or more outbreaks of COVID-19, as identified by the local health officer or the State Department of Public Health, shall be subject to a safety review by the State Department of Public Health.

(Added by Stats. 2021, Ch. 10, Sec. 1. (AB 86) Effective March 5, 2021. Inoperative June 30, 2022. Repealed as of January 1, 2023, pursuant to Section 32095.)

32091.
  

(a) (1) Every school district, county office of education, charter school, and private school maintaining kindergarten or any of grades 1 to 12, inclusive, shall notify the California Collaborative for Educational Excellence of the following information in a form and adhering to the procedures to be determined by the California Collaborative for Educational Excellence, in consultation with the executive director of the state board, on or before the second and fourth Monday of each month:

(A) The number of pupils enrolled by schoolsite and, if applicable, school district.

(B) For nonclassroom-based charter schools, the total number of pupils enrolled and the number of pupils attending each resource center, if any.

(C) The number of school employees who work onsite at a school by schoolsite and, if applicable, school district.

(D) (i) The number of pupils who have opted into independent study provided by the local educational agency.

(ii) How the local educational agency is meeting the daily or weekly synchronous requirement for pupils described in clause (i).

(iii) Actions the local educational agency is taking to encourage the transition of the pupils described in clause (i) to in-person instruction.

(E) The expanded learning opportunities provided to pupils.

(F) How the school is addressing the mental health and wellness needs of pupils.

(G) The supports and interventions the school is using to address the academic needs of pupils.

(H) The enrichment opportunities provided to pupils.

(I) The safety protocols the school is using to ensure the health and safety of pupils and staff.

(J) Any additional information requested by the California Collaborative for Educational Excellence, in consultation with the executive director of the state board.

(2) The California Collaborative for Educational Excellence, in consultation with the executive director of the state board, shall do all of the following:

(A) Develop the form and identify the procedures to be used for reporting information pursuant to this subdivision.

(B) Provide the form and procedures to local health officers, local educational agencies, and private schools.

(C) Post the form and procedures described in subparagraphs (A) and (B) on its internet website.

(D) Maintain a data report on its internet website, updated every two weeks with new educational entity-level and statewide aggregate data received by the California Collaborative for Educational Excellence pursuant to this section.

(E) Report all data related to this section on a monthly basis to the appropriate fiscal and policy committees of the Legislature.

(F) Provide technical assistance and support to local educational agencies in the submission of the data.

(G) Monitor data submitted and follow up with local educational agencies as needed to confirm data submission.

(H) Review and analyze data to ensure data quality and to identify trends.

(b) (1) Every local educational agency and private school offering in-person instruction for kindergarten or any of grades 1 to 12, inclusive, shall post a completed COVID-19 safety plan on its internet website home page. For a local educational agency or private school that is not offering in-person instruction as of March 5, 2021, but begins offering in-person instruction after March 5, 2021, the local educational agency or private school shall, at least five days before offering in-person instruction, post a completed COVID-19 safety plan on its internet website home page.

(2) At least five days before providing in-person instruction, a local educational agency in a county in the purple tier pursuant to the State Department of Public Health’s Blueprint for a Safer Economy shall submit its COVID-19 safety plan to its local public health department and the State Department of Public Health pursuant to the COVID-19 industry sector guidance for schools and school-based programs. If the local public health department or the State Department of Public Health identifies a deficiency in the local educational agency’s COVID-19 safety plan within the review period specified in the guidance, the local educational agency and its county office of education shall be notified of the deficiency by the local public health department or the State Department of Public Health. The local educational agency shall resolve the deficiency to the satisfaction of the local public health department or the State Department of Public Health before providing in-person instruction.

(3) For purposes of this subdivision, the COVID-19 safety plan shall consist of both of the following:

(A) The written COVID-19 prevention program required by subdivision (c) of Section 3205 of Title 8 of the California Code of Regulations, adopted by the Occupational Safety and Health Standards Board as part of COVID-19 Emergency Standards.

(B) The supplemental COVID-19 School Guidance Checklist approved by the State Department of Public Health as part of the COVID-19 industry sector guidance for schools and school-based programs, including descriptions of any planned periodic asymptomatic testing cadences for staff and pupils.

(Amended by Stats. 2021, Ch. 44, Sec. 16. (AB 130) Effective July 9, 2021. Inoperative June 30, 2022. Repealed as of January 1, 2023, pursuant to Section 32095.)

32092.
  

(a) The Government Operations Agency shall prioritize COVID-19 vaccination for all persons in Tier 1B pursuant to the State Department of Public Health’s Vaccine Allocation Guidelines for COVID-19 Vaccine equally statewide.

(b) The Government Operations Agency, through the state’s third party administrator for COVID-19 vaccination, shall prioritize a set number of appointments for education sector staff under Tier 1B described in subdivision (a), in partnership with local educational agencies, childcare providers, and labor organizations, and shall provide related direct outreach to, and support for, education sector staff.

(c) Of the first doses of the COVID-19 vaccines available to the state, 10 percent shall be offered to childcare and K–12 education sector staff.

(d) This section shall not be construed as inferring that vaccination of school staff or pupils is a prerequisite for providing in-person instruction.

(Added by Stats. 2021, Ch. 10, Sec. 1. (AB 86) Effective March 5, 2021. Inoperative June 30, 2022. Repealed as of January 1, 2023, pursuant to Section 32095.)

32093.
  

The requirements of this article shall not be waived by the state board pursuant to Section 33050 or any other law.

(Added by Stats. 2021, Ch. 10, Sec. 1. (AB 86) Effective March 5, 2021. Inoperative June 30, 2022. Repealed as of January 1, 2023, pursuant to Section 32095.)

32094.
  

For purposes of this article, the following definitions apply:

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

(b) “Private school” means every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary, middle, or high school level, unless the private school instruction is only being provided to one or more pupils of a single household.

(Added by Stats. 2021, Ch. 10, Sec. 1. (AB 86) Effective March 5, 2021. Inoperative June 30, 2022. Repealed as of January 1, 2023, pursuant to Section 32095.)

32095.
  

This article shall become inoperative on June 30, 2022, and, as of January 1, 2023, is repealed.

(Added by Stats. 2021, Ch. 10, Sec. 1. (AB 86) Effective March 5, 2021. Repealed as of January 1, 2023, by its own provisions. Note: Repeal affects Article 8, commencing with Section 32090.)

EDCEducation Code - EDC8.