IMPORTANT: J-13A Request for Allowance of Attendance Due To Emergency Closure

J-13 REQUEST FOR ALLOWANCE OF ATTENDANCE DUE TO EMERGENCY CONDITIONS
Dear School Business Officials,
In response to severe winter storms, the governor signed Executive Order N-1-23<www.gov.ca.gov/wp-content/uploads/2023/01/1.16.23-Atmospheric-River-EO.pdf?emrc=e3f9e1> to assist impacted communities throughout the state. We are sharing the email below which was sent to the superintendent and charter school director group to address school closures and/or material decreases in attendance.
Use Form J-13A to request approval for attendance and instructional time credit. You may file a J-13 waiver to hold the LEA harmless from the loss of LCFF funding based on attendance and state instructional time penalties if you were forced to close schools during the recent storm or if your schools remained open but attendance was reduced due to emergency conditions. For more guidance on the J-13A submittal and approval process, see the CDE’s Form J-13A <www.cde.ca.gov/fg/aa/pa/j13a.asp> web page and the email below.
Other considerations:
* If you had to close school early and were not able to remain open for at least the minimum instructional day<www.cde.ca.gov/fg/aa/pa/formj13afaq.asp#if-school-is-offered-but-a-site-has-to-close-early-or-start-instruction-late-due-to-an-emergency-is-it-considered-a-closure-day-posted-14-jun-2019>, that day would not be considered a day of instruction, and that day would also need to be included on the Form J-13A.
* Work with district attendance personnel to accurately record student attendance for any school closure days<www.cde.ca.gov/fg/aa/pa/formj13afaq.asp#how-should-a-local-educational-agency-lea-record-the-students-attendance-for-an-emergency-school-closure-day-posted-14-jun-2019>. To prevent school closure from reducing ADA, districts should deduct approved emergency days from the days in the reporting period divisor when calculating the ADA of the school that was closed. Refer to MANAGEMENT ADVISORY 90-01 AVERAGE DAILY ATTENDANCE CREDIT DURING PERIODS OF EMERGENCY<www.cde.ca.gov/fg/aa/pa/ma9001.asp> for more information. * Determine if the district experienced a material decrease in attendance for days immediately following a school closure. For more information, refer to J-13 FAQ – Material Decrease<www.cde.ca.gov/fg/aa/pa/formj13afaq.asp>.
* Review Prop. 98 Disaster Guidance for Child Nutrition Programs<www.cde.ca.gov/ls/nu/disasterguidance.asp#eligibility> to determine if your district should file the NSLP Application for Meal Reimbursement During Disaster<www.cde.ca.gov/ls/nu/sn/documents/disastermealapp.doc>.
Independent Study Requirement: EC 46393 provides that the certified plan to offer independent study must comply with the following:
1. Independent study is offered to any student impacted by any of the conditions listed in EC Section 46392 within ten days of the first day of a school closure or material decrease in attendance. Students who are individuals with exceptional needs shall receive the services identified in their individualized education programs (IEPs) pursuant to EC Section 56345(a)(9) and may participate in an independent study program. 2. Require reopening for in-person instruction as soon as possible unless prohibited under the direction of the local or state health officer. 3. Include information regarding establishing independent study master agreements in a reasonable amount of time. This plan can be a board policy, master agreement, or any other relevant documentation as long as it adheres to the conditions listed above. Please note that if you closed early on January 9, the requirement to offer Independent Study to all affected students within 10 days, would start the clock ticking on January 10 instead of January 11. If you have questions about Independent Study requirements, please contact Steve Torres at ext. 5205 for guidance. J-13 Webinar CDE’s School Fiscal Services Division is hosting a webinar to provide LEAs with the latest information available on the Form J-13A for Fiscal Year 2022-23. During this webinar, which is intended for all LEAs, CDE will provide a general overview of the statutory requirements for instructional time, the applicable conditions for which a Form J-13A request would be appropriate, and the required documents that must be included in the Form J-13A submission process. The presentation will also include updates on current State of Emergencies authorized by the Governor. To join, please register for the 2022-23 Form J-13A Webinar<us02web.zoom.us/webinar/register/WN_7H-davXIT–H5ls1DncV6Q>. If you have any questions about this process, please reach out to your district financial advisor.
Regards,
School Business Advisory Services Team Santa Barbara County Education Office
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