On July 17, 2020, Governor Newsom announced statewide restrictions on the reopening of K-12 schools. Along with this announcement, the California Department of Public Health (“CDHP”) issued updated state guidelines and requirements regarding both in person and distance learning, as summarized in this bulletin.
A. Restrictions on when Districts are Permitted to Reopen for In Person Instruction
School districts within the state may reopen for in-person instruction at any time if they are located in a local health jurisdiction that has not been on the county monitoring list within the prior 14 days. Consistent with these restrictions, the CDHP issued a COVID-19 and Reopening In-Person Learning Framework for K-12 Schools in California for the 2020-2021 School Year, which is accessible here.
Currently, 32 of California’s 58 counties are included on the Governor’s county monitoring list. The list of counties on the monitoring list is available here.
The framework issued by the CDPH states the local health officer may grant a waiver of the above criteria for elementary schools to open for in-person instruction. A local health officer may only grant a waiver if one is requested by the superintendent (or equivalent for charter schools), in consultation with labor, parent, and community organizations. Local health officers must review local community epidemiological data, consider other public health interventions, and consult with CDPH when considering a waiver request.
The CDPH Framework states that if officials place a county on the monitoring list after a district within that county reopens schools for in-person instruction, the districts’ schools are not required to close, but the district should begin testing employees for COVID-19, or increase frequency of employee testing.
B. Testing Guidelines
The CDPH Framework also includes recommendations regarding the regular testing of employees for COVID-19 within districts that do reopen for in person instruction.
The CDPH Framework recommends districts implement surveillance testing based on local disease trends once a district re-opens schools to at least some in-person instruction. The CDPH states districts “shall test staff periodically, as testing capacity permits and as practicable.” Examples of recommended frequency for testing provided by the CDPH include testing all school employees over two months, where 25% of employees are tested every two weeks, or 50% every month to rotate testing of all employees over time.
C. Guidelines on District and School Closures
The CDPH Framework includes guidance on when a district should close a school, or a district should close all schools in the district, due to COVID-19 positive tests. The Framework specifically provides:
Schools and districts may typically reopen after 14 days and the following:
The Local Health Officer may also determine school or district closure is warranted for other reasons, including results from public health investigation or other epidemiological data.
D. New State Guidelines and Requirements
The CDPH issued updated guidelines and requirements for the reopening of schools and school-based programs, which are accessible here. Among some of the new criteria are the following:
Under the state public health officer’s March 22 order, workers supporting schools for purposes of distance learning were considered essential workers who could continue working if remote working was not practical. The orders and guidance announced Friday did not modify the definition of those workers as essential.
Districts should refer to local orders and requirements when implementing these new guidelines because they may impose additional or more stringent requirements and recommendations.