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Dear Superintendents and School Leaders,
I'm writing with updates on several COVID-19-related items that have arisen since my last message.
Update on Virtual Board Meeting Requirements
Under the Assembly Bill (AB) 2449, signed into law in September and going into effect on Jan. 1, 2023, a governing board may hold a “hybrid” (partial remote, partial in-person) meeting without having to comply with certain Brown Act procedural requirements (e.g., post agendas at teleconference locations, identify teleconference locations in the agenda, make all teleconference locations open to the public) in the following limited circumstances:
- One or more members of the legislative body (but less than a quorum) have “just cause” for not attending the meeting in person (childcare or family caregiving need, contagious illness, physical or mental disability need, or travel while on official public business); or
- One or more members of the legislative body (but less than a quorum) experience an emergency circumstance (a physical or family medical emergency that prevents in-person attendance).
- Each board member is limited to a certain number of remote meetings per year and specific protocols must be followed at the hybrid meeting in order for this exception to be used by one or more board members.
AB 2449 comes at a time where there is ongoing uncertainty around remote meetings under the Brown Act, and there are a variety of existing rules for governing boards to consider when continuing remote meetings. For example, both AB 2449 and existing law AB 361 broadly allow remote meetings when there is a declared state of emergency, however Gov. Newsom has announced that the COVID-19 State of Emergency will end on Feb. 28, 2023. This legal update memo from School & College Legal Services of California is helpful in deciphering the various Brown Act remote meeting requirements in effect as of Jan. 1, 2023.
San Diego County Office of Education (SDCOE) counsel is reviewing the many complex implications of the state of emergency termination and will share additional information as that analysis is completed. For questions about specific situations concerning the Brown Act, AB 2449, or AB 361, please seek the advice of your legal counsel.
Updates to Testing Framework and Senate Bill 1479
The California Department of Public Health (CDPH) recently updated its testing framework to include recommended planning activities for schools, districts, and county offices of education, as well as added links for direct ordering of over-the-counter tests by schools.
This updated information is in preparation for Senate Bill 1479 to take effect Jan. 1, 2023. The bill requires local educational agencies (LEAs) to create a COVID-19 testing plan consistent with CDPH guidance, or adopt the CDPH testing framework, and post it on their website.
Many LEAs have testing plans already in place, so consultation with your legal counsel is recommended to ensure the plan is in compliance. CDPH has created this list of frequently asked questions to address questions on the new legislation. SDCOE has compiled considerations and resources for LEAs around testing plans, including a sample board resolution and agenda. SDCOE has also updated the Snapshot of State and County Requirements documents in English and Spanish to reflect the new requirements.
Decision Tree Updates
CDPH recently announced several changes to COVID-19 guidance related to close contacts and the window of time during which an infected person should not test. Both changes are highlighted below and reflected in the English, Spanish, and electronic versions of the COVID-19 Decision Tree.
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