Earlier today, Governor Newsom announced statewide restrictions on the reopening of K-12 schools, including private schools, and issued updated state guidelines and requirements regarding both in person and distance learning, as summarized in this bulletin.
A. Restrictions on when Schools are Permitted to Reopen for In Person Instruction
Schools and school districts within the state may reopen for in-person instruction at any time if they are located in a local health jurisdiction (LHJ) that has not been on the county monitoring list within the prior 14 days. Consistent with these restrictions, the California Department of Public Health (CDPH) 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: https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID-19/Schools%20Reopening%20Recommendations.pdf
Currently, 32 of California’s 58 counties are included on the Governor’s county monitoring list. Those include, but are not limited to, Los Angeles, Orange, San Francisco, Contra Costa, Alameda, Santa Clara, Marin, Santa Barbara, and San Diego. San Mateo County, for example, is not currently on the monitoring list. The list of counties on the monitoring list is available here: https://covid19.ca.gov/roadmap-counties/#top.
The framework issued by the CDPH states that a waiver of the above criteria may be granted by the local health officer for elementary schools to open for in-person instruction. A waiver may only be granted if one is requested by the superintendent (or equivalent for charter or private 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 a county is placed on the monitoring list after a school within that county reopens for in-person instruction, the school is not required to close, but should begin testing staff, or increase frequency of staff testing.
B. Testing Guidelines
The CPDH Framework also includes recommendations regarding the regular testing of COVID-19 within schools that do reopen for in person instruction.
The CPDH states that once schools are re-opened to at least some in-person instruction, it is recommended that surveillance testing be implemented based on the local disease trends. The CPDH states that schools “shall test staff periodically, as testing capacity permits and as practicable.” Examples of recommended frequency for testing provided by the CPDH include testing all staff over two months, where 25% of staff are tested every two weeks, or 50% every month to rotate testing of all staff over time.
C. Guidelines on School Closures
The CPDH Framework includes guidance on when a school should close after exposure to COVID-19. The guidance provides that individual school closure is recommended based on the number of cases, the percentage of staff/students/teachers that are positive, and the guidance of Local Public Health Officers. The guidance provides that individual school closures may be appropriate when there are multiple cases in multiple cohorts at a school or when at least 5% of the total number of teachers/students/staff are cases within a 14 day period, depending on the size and physical layout of the school. The Local Health Officer may also determine school closure is warranted for other reasons, including results from public health investigation or other epidemiological data.
D. New State Guidelines and Requirements
The CPDH issued updated guidelines and requirements for the reopening of Schools and School-Based Programs, which are accessible here: https://files.covid19.ca.gov/pdf/guidance-schools.pdf. 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 definition of those workers as essential was not modified by the orders and guidance announced today.
LCW will be going over the new state guidelines and requirements during the Return to School Webinar on July 31st. https://www.lcwlegal.com/events-and-training/webinars-seminars/independent-school-return-to-work-and-school-toolkit-1. It is important when implementing these new guidelines to refer to local orders and requirements, which may impose additional or more stringent requirements and recommendations.