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SB 86 Frequently Asked Questions

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AB/SB 86 Frequently Asked Questions ACSA partnered with Fagen, Friedman & Fulfrost (F3Law) to answer the most common questions we have received from ACSA members related to AB/SB 86. Unfortunately, some of the questions we have received cannot be answered until the release of the state's audit guide. ACSA will continue to update you on any new information we receive. A special thank you to F3Law for the time and effort they put into creating this FAQ document. ► Requirements for In-person instruction Q: What is the definition of "in-person instruction?" A: In-person instruction is "instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil." (Education Code section 43520.5.) It includes hybrid models offering fewer than five days per week of in-person instruction, only if the LEA offers in-person instruction "to the greatest extent possible." Q: What does one grade above elementary mean? A: Elementary is generally grades TK-5 (grade 6 will be included if designated as elementary in your LEA). One grade above means be any one of grades 7-12 (and grade 6 if designated as secondary in your LEA). Q: How does this apply to high school districts? Do cohorts count? A: Eligibility for reopening incentive funding available under AB/SB 86 requires high school districts in the Purple tier to offer in-person instruction for all students eligible for special education as well as all prioritized student groups (students at risk for abuse, neglect, or exploitation; homeless; foster youth; English learners; and students without access to a computing device/software/high-speed internet necessary to participate in online instruction; and disengaged students), subject to capacity limitations, if any, consistent with the CDPH Guidance Related to Cohorts. High school districts in the Red, Orange, and Yellow tiers must provide optional in-person instruction to all students eligible for special education and those in the prioritized groups, as well as all students in at least one full secondary grade level. Q: Is transitional kindergarten excluded from AB/SB 86? A: No. Under the COVID-19 industry sector guidance for schools and school-based programs, all references to kindergarten expressly include transitional kindergarten.

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