Article 9COVID-19 Testing in Schools

Section § 32096

Explanation

This section establishes guidelines for COVID-19 testing in K-12 schools in California. It explains that schools must develop a testing plan consistent with public health guidance to safely facilitate in-person learning. The State Department of Public Health oversees coordination and support, providing services like technical assistance and guidance. If applicable, federal funds should be used first for these efforts. Schools must publish their plans online and can designate a staff member to handle reporting. The law is dependent on available funding, and public health officials will determine suitable COVID-19 tests. Local education agencies are responsible for coordinating with local health departments and are not required to include onsite testing.

(a)CA Education Code § 32096(a) For purposes of this section, the following definitions apply:
(1)CA Education Code § 32096(a)(1) “Framework” means the document issued on May 27, 2022, titled “Preliminary Testing Framework for K–12 Schools for the 2022–2023 School Year” by the State Department of Public Health, as it is updated based on current scientific knowledge and anticipated trends.
(2)CA Education Code § 32096(a)(2) “Local educational agency” means a school district, county office of education, or charter school serving pupils in kindergarten or any of grades 1 to 12, inclusive.
(3)CA Education Code § 32096(a)(3) “Local health department” means either a city or county health department.
(b)CA Education Code § 32096(b) The State Department of Public Health shall coordinate COVID-19 testing programs in local educational agencies funded by federal resources or organized under the California COVID-19 Testing Task Force, to the extent required by testing plans described in subdivision (e). In coordinating these COVID-19 testing programs, the State Department of Public Health may provide supportive services related to the local educational agency testing plans described in subdivision (e) and testing programs for teachers, staff, pupils, and surrounding communities that help local educational agencies reopen and keep local educational agencies operating safely for in-person learning. These supportive services may include, but are not limited to, any of the following:
(1)CA Education Code § 32096(b)(1) Technical assistance.
(2)CA Education Code § 32096(b)(2) Vendor support.
(3)CA Education Code § 32096(b)(3) Guidance.
(4)CA Education Code § 32096(b)(4) Monitoring.
(5)CA Education Code § 32096(b)(5) Testing education.
(c)CA Education Code § 32096(c) The State Department of Public Health is encouraged to expand its contagious, infectious, or communicable disease testing guidance and other public health mitigation efforts to include prekindergarten and childcare centers as needed according to the framework.
(d)CA Education Code § 32096(d) If the state secures additional federal funds through the United States Centers for Disease Control and Prevention Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases Program for the purposes of COVID-19 testing in local educational agencies, any federal funds shall be expended before allocating state funds for the purposes described in subdivisions (b) and (c).
(e)Copy CA Education Code § 32096(e)
(1)Copy CA Education Code § 32096(e)(1) Each local educational agency, after consulting with its local health department regarding any local guidance or best practices from the Safe Schools for All Hub, shall create a COVID-19 testing plan, or adopt the framework, that is consistent with guidance from the State Department of Public Health. Each local educational agency shall publish the testing plan on its internet website.
(2)Copy CA Education Code § 32096(e)(2)
(A)Copy CA Education Code § 32096(e)(2)(A) Each local educational agency may designate one staff member to report information on its COVID-19 testing program to the State Department of Public Health.
(B)CA Education Code § 32096(e)(2)(A)(B) For purposes of this paragraph, publishing a testing plan on its internet website, as required pursuant to paragraph (1), shall satisfy the reporting provision described in subparagraph (A).
(3)CA Education Code § 32096(e)(3) All COVID-19 testing data shall be in a format that facilitates a simple process by which parents and local educational agencies may report data to the State Department of Public Health, or to a local health department, consistent with the framework.
(4)CA Education Code § 32096(e)(4) Testing plans shall not be required to include the provision of onsite testing or programs.
(5)CA Education Code § 32096(e)(5) Nothing in this section requires the State Department of Public Health to review or approve testing plans that are consistent with the framework before the testing plan is published or implemented.
(f)CA Education Code § 32096(f) The State Department of Public Health shall determine which COVID-19 tests are appropriate for use for the testing programs described in this section.
(g)CA Education Code § 32096(g) Implementation of the provisions of this section are contingent upon an appropriation in the annual Budget Act or another statute for this purpose.
COVID-19 testing plans K-12 schools framework local educational agency public health guidance federal resources Safe Schools for All Hub published testing plan technical assistance vendor support testing education federal funds State Department of Public Health reporting to health department appropriate COVID-19 tests
(Added by Stats. 2022, Ch. 850, Sec. 1. (SB 1479) Effective January 1, 2023. Repealed as of January 1, 2026, pursuant to Sec. 32096.1.)

Section § 32096.1

Explanation

This law is set to expire and be removed on January 1, 2026.

This article shall remain in effect only until January 1, 2026, and as of that date is repealed.
repealed expiration date validity period sunset clause until January 2026 expiry time limit January 1 legislation duration termination date
(Added by Stats. 2022, Ch. 850, Sec. 1. (SB 1479) Effective January 1, 2023. Repealed as of January 1, 2026, by its own provisions. Note: Repeal affects Article 9, commencing with Section 32096.)