[Correction Note: We have amended this article to clarify that it details the requirements for only asymptomatic COVID-19 testing.]
Q: If I am a local educational agency (LEA) that has already reopened for in-person instruction, do I have to adopt the asymptomatic COVID-19 testing cadences that are detailed in the California Department of Public Health (CDPH) Reopening In-Person Instruction Framework and Public Health Guidance for K–12 Schools in California (Reopening In-Person Instruction Framework)?
A: Currently, there is no requirement for any LEA to adhere to the asymptomatic COVID-19 testing cadences referenced by the CDPH in its latest Reopening In-Person Instruction Framework. The state of California has committed to support the testing cadences that are detailed through supplemental testing supplies, shipment, laboratory capacity, enrollment and reporting technology, training, and assistance with insurance reimbursement. The testing cadences includes asymptomatic testing of students and staff every two weeks for LEAs in red and purple tier counties, with frequency increasing to weekly for LEAs in purple counties with an adjusted case rate of greater than 14 per 100,000.
Governor Gavin Newsom’s Budget proposal includes $2 billion dollars for In-Person Instruction Grants to incentivize LEAs to offer in-person instruction to certain students by February 16 and March 15 (see “Newsom Proposes Incentive Grants to Reopen Schools” in the December 2020 Fiscal Report and “Newsom’s Reopening Schools Proposal—More Details Emerge” in the January 2021 Fiscal Report). One condition of receiving the proposed grants is to adopt a COVID-19 Safety Plan that includes the testing cadences detailed in the Reopening In-Person Instruction Framework. In other words, as proposed, LEAs must adopt the testing cadences supported by the state in order to be eligible for the In-Person Instruction Grants. This includes LEAs that have already reopened for in-person instruction and intend to apply for the proposed grants. LEAs that do not pursue funding under the Governor’s Safe Schools for All proposal are not required to adopt and implement the published asymptomatic testing cadences. However, LEAs should also remember that the California Occupational Safety and Health Administration (Cal/OSHA) emergency temporary standards require employers to offer COVID-19 testing to employees if there is a potential COVID-19 exposure in the workplace (see “New Emergency Cal/OSHA COVID-19 Requirements Effective Now” in the December 2020 Fiscal Report).
While included in the Governor’s Budget proposal, the In-Person Instruction Grants must still go through the legislative process, including public hearings and passing both the Assembly and the Senate. Stay tuned for future Fiscal Report articles which will give updates about the proposal and any amendments. The COVID-19 and Reopening In-Person Instruction Framework and Public Health Guidance for K-12 Schools In California, 2020-21 School Year is available on the CDPH COVID-19 website at schools.covid19.ca.gov.