Gov. Gavin Newsom signed a $6.6 billion school reopening bill Friday, providing funding incentives for schools that reopen this spring and take steps to recover the learning lost to nearly a year of online instruction during the COVID-19 pandemic.
“This bill is going to really accelerate openings all across the state,” Newsom said in an online signing ceremony Friday morning.
So what does AB 86 do? We break it down:
Q: How does the new law encourage schools to reopen if it doesn’t require it?
A: It offers extra funding from a pot totaling $2 billion to cover costs for safety measures to support in-person instruction, such as buying personal protective equipment, making ventilation upgrades and conducting COVID-19 testing. It lays out deadlines by which schools must provide some in-person learning to receive their full share of the money: By the end of March, those in the state’s most restrictive purple reopening tier for widespread infections must offer at least partial in-person instruction in transitional kindergarten through second grade.
Districts located where infection rates are lower must offer at least partial in-person instruction to all elementary and at least one middle or high school grade by then. Schools that open later will see their funding share decreased by 1% daily through May 15, after which it is forfeited altogether.
Q: How does the state monitor compliance and award the money?
A: The state requires every district to report twice a month how many students are taught online, in person and a hybrid combination. Half of the funding in the new law would go to schools in May and the other half in August. Districts that did not meet the deadlines and requirements set out in the bill will see their funding share docked accordingly in August.
Q: What about schools that already reopened, such as Palo Alto Unified? Do they get some of that cash too?
A: Yes.
Q: How is the share of money determined?
A: The approved law distributes the funds based upon the “Local Control Funding Formula,” the 2012 overhaul of the state’s school financing system aimed at more equitable funding for schools with lots of poor and English learning students, with base amounts determined by attendance and grades taught.
Q: So, how much money are we talking about?
A: Districts that reopen at least partly by the deadlines stand to receive millions of dollars in additional aid to cover their costs. Oakland Unified, with a reported enrollment of 50,202, with 70% receiving free or reduced price lunch and 30% English learners, would receive $12.1 million for reopening by April 1, according to a Legislative Analyst’s Office estimate, or about $242 per enrolled student.
West Contra Costa Unified, with 31,760 students enrolled, 69% with free or reduced lunch and 32% learning English, would receive almost $9 million, or about $282 per enrolled student. San Jose Unified, with 31,114 enrolled, 42% with free or reduced lunch and 23% learning English, would receive $9.3 million, or about $301 per enrolled student. And Palo Alto Unified, with 11,992 enrolled, 9% with free or reduced lunch and 10% learning English, would receive $3.2 million, or about $268 per enrolled student.
Q: Didn’t schools already get money to cover pandemic costs?
A: Yes. The state provided schools $5.3 billion in the 2020-21 budget for one-time costs to set up distance learning and prep classrooms for reopening, such as physical distancing and sanitizing. An additional $6 billion in federal emergency pandemic relief funds were just allocated to K-12 schools last month — an estimated $57.5 million to Oakland Unified, $23.7 million to West Contra Costa Unified, $12.5 million to San Jose Unified and $1 million to Palo Alto Unified.
Q: For schools that don’t meet the reopening deadlines, are they really out of luck for the cash?
A: Not necessarily. They miss out on sharing the $2 billion, but if they meet the requirements for sharing in the $4.6 billion learning loss recovery funding, up to 10% of what they receive may be spent on reopening costs.
Q: Does the new law change the safety measures schools must adopt to reopen?
A: No. The state’s existing school safety guidance is not changed by the bill. That guidance requires students and staff to wear face masks, keep desks spaced six feet apart and keep students in stable groups to avoid mixing. It requires a COVID-19 safety plan for all public and private schools, posted on their public website, and that safety plan has to demonstrate how the school is meeting the state guidance. The COVID-19 asymptomatic testing rates in the state guidance are recommendations, not requirements, but AB 86 does require weekly or twice-weekly testing for schools open in purple tier counties.
Q: What about the learning-loss recovery? Is the state going to require year-round or all-day school?
A: The new law requires districts to develop a multi-year plan to get kids caught up to their grade level by June 1 to receive the funding. The money is to be used for instructional and student support including summer school, an extended school year, extended instructional time, and other in-person services such as one-on-one tutoring through August 2022.
The law allows districts flexibility in how they get kids caught up — it just has to be in-person and in addition to the normal curriculum and calendar.
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