To support charter schools affected by the Los Angeles wildfires, CSDC is making the full contents of this article available to all regardless of CSDC Membership status. To gain full access to other CSDC resources and tools, please consider joining/renewing.
Update: On January 14, Governor Newsom issued executive order N-6-25 clarifying and relaxing a few laws for schools in Los Angeles County that have been impacted by the wildfires. Read more about this executive order in "Governor Issues Executive Order Flexing A Few Deadlines and Mandates for Fire-Impacted Schools" by Eric Premack.
CSDC is once again horrified to witness the tragic damage caused by California’s wildfires this week. Already, several charter schools reportedly have suffered severe fire damage. While immediate safety and support considerations are primary, CSDC offers the reminders below regarding the impact of emergencies on school funding and key steps that leaders of schools impacted by emergencies can keep in mind as they prepare to guide their communities and recover.
ADA Protection During Emergencies
State funding programs generally provide funding based on actual student attendance. They also require charter schools to offer instruction for at least 175 days and to offer specified annual instructional minutes each year. Under specified circumstances, the law provides two forms of funding protection for schools experiencing losses of attendance and/or instructional days/minutes due to emergencies. It also provides protection in instances where attendance records are lost or destroyed. This funding protection is not guaranteed and is subject to various requirements, so it pays to be prepared.
School Closure: The law protects schools that are compelled to close for specified emergencies, potentially including, but not limited to the following:
- Acts of nature (fire, floods, etc.)
- Inclement weather
- Pandemic
- Threats of violence
- Electric power interruptions, etc.
Schools that were forced to close and who qualify, can compute their funded average daily attendance (ADA) by excluding the days the school was closed from both the numerator and the denominator in the ADA computation equation. This generally has the effect of holding the school harmless for lack of attendance during those days. The law also relaxes the requirement to have offered the days and minutes of instruction for those days the school was closed.
When deciding whether to close a school, leaders should consider immediate threats to health and safety above all but should be cognizant of the potential financial implications too. If at all possible, it is a good idea to make closure decisions in consultation with relevant local authorities (e.g., police, fire, health, etc.), the charter-authorizing district, and county office of education. In addition to helping to ensure a coordinated emergency response, the approval of these partners may be necessary for state officials to approve your emergency funding protection.
Material Decrease in Attendance: The law also protects schools that remained open during an emergency, but still experienced a “material decrease” in attendance due to one of the above-listed emergencies. A loss in attendance is defined as “material” if it falls below 90 percent of the school’s typical attendance rate. Schools may not file for protection from smaller losses unless the governor has declared an official State of Emergency. It appears that Governor Newsom has declared such an emergency for Los Angeles and Ventura Counties as the time this article was written.
If a school qualifies, it is funded, instead, based on the attendance it generated during a “normal” (non-emergency) month, using actual attendance rates from either October or May, in lieu of the reduced attendance during the emergency.
Determining Emergency Protection Rights
Both above forms of protection are governed by somewhat complex laws and requirements. The key requirements include the following:
First, the school should consider whether it needs to file for emergency protection in the first instance. Schools that experience frequent emergencies (e.g., public safety electricity cuts) generally should build extra “emergency” days into their calendar and use these first before filing for emergency protection. If it does need to file, it should proceed to the second step.
Second, if the school does need to file for emergency protection, it needs to file a so-called form “J-13A,” the Request for Allowance of Attendance Due to Emergency Conditions waiver, with the California Department of Education. This is a somewhat complex and subtle form that requires various data points (days closed, closure history, etc.). Schools may also need to submit a related Excel spreadsheet template containing attendance and other data. While there is no official deadline for filing the J-13A, doing so timely can help avoid financial penalties and “dings” in a school’s compliance audits. For charter schools, the form must be signed by a majority of the school’s board, the school’s authorizing district superintendent, and the county superintendent. Hence, it is a good idea to complete the form in consultation with your authorizer and county superintendent’s staff. CSDC can also provide technical support as needed.
Third, as a threshold requirement for qualifying for emergency protection, a school must certify that it has a plan to offer independent study to its students during an emergency within 10 days of closure and for reopening of in person instruction as soon as possible. The certification is done via a form required by the California Department of Education that supplements the J-13A. This extra certification form cross-references the related specific requirements. (Note that these requirements will change in the 2025-26 school year and schools will need to update their school safety plans in 2025 to address these requirements for 2025-26+, which are not addressed in this article). The school’s plan must be submitted along with the certification form. The plan can take many forms, including a board policy, written independent study agreement, or similar documentation that aligns with the relevant conditions in law. The law encourages but does not require schools to implement written independent study agreements with students/families at the beginning of each school year in anticipation of potential emergencies.
This article provides only a brief overview of the emergency attendance laws. The California Department of Education’s website offers additional details and the related forms. Please contact CSDC is you have questions or would like assistance with completing a Form J-13A.
How to Help
CSDC has heard from several members already asking to help. As this is an evolving emergency, staff are putting together CSDC’s emergency resources hub. If you are a leader at an affected school or know of other vetted resources, please let us know.
