Section 32091.

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(a) (1) Beginning March 15, 2021, 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 State Department of Public Health of the following information in a form and adhering to the procedures to be determined by State Department of Public Health 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 pupils participating in full-time in-person instruction by schoolsite and, if applicable, school district.

(D) The number of pupils participating in a mix of in-person and distance learning, known as hybrid learning, by schoolsite and, if applicable, school district.

(E) The number of pupils participating in distance learning by schoolsite and, if applicable, school district.

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

(G) The number of pupils being served in cohorts while the school is closed for in-person instruction and the support and services they are receiving.

(H) For school districts with schoolsites with pupils participating only in distance learning, the reasons why in-person instruction is not being offered and the barriers the schoolsite or school district faces in providing in-person instruction.

(I) Any additional information requested by the State Department of Public Health.

(2) The State Department of Public Health 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 State Department of Public Health 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.

(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 the effective date of Assembly Bill 86 of the 2021–22 Regular Session, but begins offering in-person instruction after the effective date of Assembly Bill 86 of the 2021–22 Regular Session, 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-19safety 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.

(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.)


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