Section § 32525

Explanation

This section sets up the Learning Recovery Emergency Fund to help schools and colleges recover from the impacts of COVID-19. Money meant for schools that could have gone back into a general education account will instead stay in this fund. This ensures ongoing support for school districts, charter schools, and community colleges, even after the initial state of emergency has ended.

(a)CA Education Code § 32525(a) The Learning Recovery Emergency Fund is hereby created in the State Treasury for the purpose of receiving appropriations for school districts, county offices of education, charter schools, and community college districts related to the state of emergency declared by the Governor on March 4, 2020, relating to the COVID-19 pandemic.
(b)CA Education Code § 32525(b) Notwithstanding Section 41207.5, moneys transferred to the Learning Recovery Emergency Fund pursuant to Section 32526 that would otherwise revert to the Proposition 98 Reversion Account shall instead remain in the Learning Recovery Emergency Fund for future reallocation to school districts, county offices of education, and charter schools consistent with the intent of Section 32526.

Section § 32526

Explanation

The state of California has allocated over $6 billion for a Learning Recovery Emergency Block Grant aimed at helping schools combat learning loss impacted by the pandemic during the 2022–23 to 2027–28 school years. These funds will be distributed based on school attendance and student demographics from the previous year and can be used for initiatives like tutoring, expanding instructional time, and improving social and emotional well-being of staff and students. Schools must conduct a needs assessment to identify students who need the most help and report on how funds are spent, with a special focus on closing achievement gaps. The law also sets further funding allocations and requires the development and use of clear templates for schools to report spending and assist them in strategizing how to best use the funds provided.

(a)Copy CA Education Code § 32526(a)
(1)Copy CA Education Code § 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)CA Education Code § 32526(a)(2) For purposes of this section, the following definitions apply:
(A)CA Education Code § 32526(a)(2)(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)CA Education Code § 32526(a)(2)(B) “Local educational agency” means a school district, county office of education, or charter school.
(3)CA Education Code § 32526(a)(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)CA Education Code § 32526(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)Copy CA Education Code § 32526(c)
(1)Copy CA Education Code § 32526(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)CA Education Code § 32526(c)(2) Specifically, funds received under subdivision (b) shall only be expended for any of the following purposes:
(A)CA Education Code § 32526(c)(2)(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)CA Education Code § 32526(c)(2)(B) Accelerating progress to close learning gaps through the implementation, expansion, or enhancement of evidence-based learning supports, such as:
(i)CA Education Code § 32526(c)(2)(B)(i) Tutoring or other one-on-one or small group learning supports provided by certificated or classified staff.
(ii)CA Education Code § 32526(c)(2)(B)(ii) Learning recovery programs and materials designed to accelerate pupil academic proficiency or English language proficiency, or both.
(iii)CA Education Code § 32526(c)(2)(B)(iii) Providing early intervention and literacy programs for pupils in preschool to grade 3, inclusive, including, but not limited to, school library access.
(iv)CA Education Code § 32526(c)(2)(B)(iv) Supporting expanded learning opportunity program services pursuant to Section 46120.
(v)CA Education Code § 32526(c)(2)(B)(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)CA Education Code § 32526(c)(2)(B)(vi) Providing professional development and coaching on either or both of the following:
(I)CA Education Code § 32526(c)(2)(B)(vi)(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)CA Education Code § 32526(c)(2)(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)CA Education Code § 32526(c)(2)(D) Access to instruction for credit-deficient pupils to complete graduation or grade promotion requirements and to increase or improve pupils’ college eligibility.
(E)CA Education Code § 32526(c)(2)(E) Additional academic services for pupils, such as diagnostic, progress monitoring, and benchmark assessments of pupil learning.
(F)CA Education Code § 32526(c)(2)(F) Conducting the needs assessment pursuant to subdivision (d).
(d)Copy CA Education Code § 32526(d)
(1)Copy CA Education Code § 32526(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)CA Education Code § 32526(d)(2) The local educational agency shall ensure that the needs assessment:
(A)CA Education Code § 32526(d)(2)(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)CA Education Code § 32526(d)(2)(B) Includes a review of each of the following metrics:
(i)CA Education Code § 32526(d)(2)(B)(i) Assessment of academic performance in English language arts and mathematics, including, at least:
(I)CA Education Code § 32526(d)(2)(B)(i)(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)CA Education Code § 32526(d)(2)(B)(ii) Assessment of chronic absenteeism, including at least:
(I)CA Education Code § 32526(d)(2)(B)(ii)(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)CA Education Code § 32526(d)(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)CA Education Code § 32526(d)(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)CA Education Code § 32526(d)(5) A local educational agency may contract with a third party to develop or otherwise support the development of the needs assessment.
(6)CA Education Code § 32526(d)(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)CA Education Code § 32526(d)(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)Copy CA Education Code § 32526(e)
(1)Copy CA Education Code § 32526(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)CA Education Code § 32526(e)(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)Copy CA Education Code § 32526(e)(3)
(A)Copy CA Education Code § 32526(e)(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)CA Education Code § 32526(e)(3)(A)(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)CA Education Code § 32526(e)(3)(A)(C) The template shall, to the greatest extent practicable, use language that is understandable and accessible to parents.
(f)Copy CA Education Code § 32526(f)
(1)Copy CA Education Code § 32526(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)CA Education Code § 32526(f)(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)CA Education Code § 32526(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 for the 2026–27 and 2027–28 fiscal years to the department for transfer to the Learning Recovery Emergency Fund created pursuant to Section 32525.
(h)Copy CA Education Code § 32526(h)
(1)Copy CA Education Code § 32526(h)(1) For the 2025–26 fiscal year, the sum of three hundred seventy-eight million six hundred fifty thousand dollars ($378,650,000) is hereby appropriated from the General Fund to the department for transfer to the Learning Recovery Emergency Fund created in Section 32525, to be allocated by the Superintendent to local educational agencies operating in the 2025–26 fiscal year pursuant to the methodology specified in subdivision (b).
(2)CA Education Code § 32526(h)(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to paragraph (1) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 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 of the Education Code, for the 2025–26 fiscal year.

Section § 32527

Explanation

This section outlines how $650 million from the California General Fund is allocated to the California Community College system to help recover from the impacts of COVID-19. The funds are distributed to community college districts based on their 2021-22 student numbers. They can be used for COVID-19-related costs like mental health services, re-engagement programs, online learning development, professional development for faculty, closing the digital divide, and settling unpaid student fees. In order to receive funds, colleges must report on health insurance for part-time faculty and other metrics. The overarching goal is to support students and address learning loss due to the pandemic.

(a)Copy CA Education Code § 32527(a)
(1)Copy CA Education Code § 32527(a)(1) (A) For the 2022–23 fiscal year, the sum of six hundred fifty million dollars ($650,000,000) is hereby appropriated from the General Fund to the office of the Chancellor of the California Community Colleges for transfer to the Learning Recovery Emergency Fund created in Section 32525. The chancellor’s office shall allocate available moneys in the Learning Recovery Emergency Fund deposited pursuant to this section to community college districts in the manner, and for the purposes, set forth in this section. This allocation shall be known as the California Community College COVID-19 Recovery Block Grant.
(B)CA Education Code § 32527(a)(1)(B) The Legislature finds and declares that, on March 4, 2020, the Governor proclaimed a state of emergency in response to the COVID-19 pandemic.
(2)CA Education Code § 32527(a)(2) The chancellor’s office shall allocate the funds described in paragraph (1) to community college districts on the basis of actual reported full-time equivalent students, as those numbers of students are reported at the time of the second principal apportionment for the 2021–22 fiscal year.
(3)CA Education Code § 32527(a)(3) The funds appropriated in this section may be expended for any of the following purposes:
(A)CA Education Code § 32527(a)(3)(A) Supports to address other barriers to learning as a result of disruption caused by COVID-19, such as access to basic needs and mental health services needed to support students impacted by COVID-19.
(B)CA Education Code § 32527(a)(3)(B) Reengagement strategies for students who received an incomplete or failing grade in the spring 2022 term due to COVID-19 and engagement strategies with high schools and local communities to restore broader access.
(C)CA Education Code § 32527(a)(3)(C) Grants to faculty to develop online, accelerated learning modules that allow students who received an incomplete or failing grade in the spring 2022 term due to COVID-19 to continue to make progress toward their degree rather than retaking courses in the fall 2022 term.
(D)CA Education Code § 32527(a)(3)(D) Professional development opportunities for faculty and student services professionals needed to continue educational instruction due to COVID-19, including supporting students impacted by learning loss related to COVID-19 and preparing and supporting faculty to develop online instructional capabilities in response to COVID-19.
(E)CA Education Code § 32527(a)(3)(E) Investments to close the digital divide, including investments in information technology infrastructure, facilitating student access to technology to be able to access online coursework, and technology, software, or other electronic instruments and materials for faculty to support courses that are difficult to teach online.
(F)CA Education Code § 32527(a)(3)(F) Cleaning supplies and personal protective equipment.
(G)CA Education Code § 32527(a)(3)(G) To discharge unpaid fees due or owed by a student to a community college in the district.
(H)CA Education Code § 32527(a)(3)(H) The purposes and activities identified in subdivisions (b) and (c) of Section 55 of Chapter 54 of the Statutes of 2022 and subdivision (a) of Provision 2 of Item 6870-121-0001 of Section 2.00 of the Budget Act of 2022.
(4)CA Education Code § 32527(a)(4) As a condition of receiving funds provided in paragraph (1), community college districts shall perform both of the following:
(A)CA Education Code § 32527(a)(4)(A) Report, on or before March 1, 2023, to the chancellor’s office metrics on the provision of employer-sponsored health insurance for part-time faculty in the 2021–22 academic year, including, but not limited to, all of the following:
(i)CA Education Code § 32527(a)(4)(A)(i) If the community college district offers health insurance to its part-time faculty, and if so, the minimum conditions for obtaining employer-sponsored coverage.
(ii)CA Education Code § 32527(a)(4)(A)(ii) The total number of qualifying part-time faculty and the number of participants in the Part-Time Community College Faculty Health Insurance program pursuant to Article 9 (commencing with Section 87860) of Chapter 3 of Part 51 of Division 7 of Title 3.
(iii)CA Education Code § 32527(a)(4)(A)(iii) The total number of part-time faculty who do not qualify for the Part-Time Community College Faculty Health Insurance program pursuant to Article 9 (commencing with Section 87860) of Chapter 3 of Part 51 of Division 7 of Title 3, but whose total cumulative teaching assignments at two or more community college districts equals or exceeds 40 percent of the cumulative equivalent of a minimum full-time teaching assignment.
(iv)CA Education Code § 32527(a)(4)(A)(iv) The source of health insurance by the number of part-time faculty in each category or type, which may include, but is not limited to, a community college district, a pooled health benefit plan, a spouse or domestic partner’s employer, another employer, private insurance, Covered California, Medi-Cal, or no health insurance.
(B)CA Education Code § 32527(a)(4)(B) Report, on or before March 1, 2026, metrics on the provision of employer-sponsored health insurance to part-time faculty in the 2024–25 academic year, including, but not limited to, the metrics referenced in subparagraph (A).
(5)CA Education Code § 32527(a)(5) The chancellor’s office shall submit a report, consistent with Section 9795 of the Government Code, on the use of funds on or before March 1, 2024, to the Legislature, Legislative Analyst’s Office, and the Department of Finance that includes the amount of funds provided for each community college, a description of how funds were used for each of the purposes reflected in paragraph (3), a statement of reasons describing how the funds prioritized services for underrepresented students, and an explanation of the effectiveness of services or supports provided by these funds.
(6)CA Education Code § 32527(a)(6) It is the intent of the Legislature that funds shall be used on activities that directly support community college students and mitigate community college student learning loss related to COVID-19 impacts, and that community college districts prioritize the use of these one-time funds for purposes, including, but not limited to, professional development, technology infrastructure, developing open education resources and zero-textbook-cost degrees, and supporting the mental health and wellness needs of students and staff.
(b)CA Education Code § 32527(b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made pursuant to subparagraph (A) of paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) 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.