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IPI and ELO Grants Frequently Asked Questions

FAQs for the In-Person Instruction and Expanded Learning Opportunities Grants funds from the education trailer bill, Section 2 of Assembly Bill 86 (Chapter 10, Statutes of 2021).

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In-Person Instruction FAQs | Expanded Learning Opportunities FAQs

 

In-Person Instruction (IPI) Grant

Funding Calculations and Apportionment of Funds

  1. What local educational agencies are eligible to receive the In-Person Instruction Grant?

    Eligible local educational agencies (LEAs) for the In-Person Instruction (IPI) Grant include school districts, county offices of education (COEs), and classroom-based charter schools. Nonclassroom-based charter schools are not eligible for the IPI Grant.

    (Added 26-Mar-2021)

  2. When will allocations be available for the In-Person Instruction Grant?

    Estimated allocations were posted on March 19, 2021, and final allocations will be available in early-August. Refer to the California Department of Education’s (CDE’s) In-Person Instruction and Expanded Learning Opportunities Grants Funding Results page.

    (Added 26-Mar-2021)

  3. How is an LEA’s In-Person Instruction Grant funding calculated?

    California Education Code (EC) Section 43521(c) provides $2,000,000,000 for eligible LEAs. Funds are allocated proportionally based on the LEA’s Local Control Funding Formula (LCFF) entitlement as of the 2020–21 Second Principal (P-2) Apportionment certification. Nonclassroom-based charter schools do not generate an allocation under this formula.

    The estimated allocations for eligible entities are calculated using the LCFF entitlement as of the 2020–21 First Principal (P‑1) Apportionment. An LEA’s IPI apportionment, and retention of funding, is contingent on meeting the criteria for in-person instruction pursuant to Section 2 of AB 86. One of those conditions is to offer in-person instruction pursuant to EC Section 43521(c)(3) by May 15, 2021. Therefore, an LEA is advised not to budget for IPI funding if it does not plan to offer in-person instruction by that deadline. Final allocations will be revised to reflect each LEA’s LCFF entitlement as of the 2020–21 P-2 Apportionment and any reductions or forfeiture of funds for not meeting in-person instruction requirements.

    (Added 26-Mar-2021)

  4. When can LEAs expect to receive funding for the In-Person Instruction Grant?
    • LEAs will receive 50 percent of their estimated allocations for the IPI Grant in May 2021 and funds will be paid in the same apportionment with the Expanded Learning Opportunities (ELO) Grant.
    • Remaining funds will be released in August 2021 based on final allocations. Funding may be reduced or forfeited pursuant to EC 43521(c)(2) if LEAs do not meet all in-person instruction requirements. LEAs will see revised funding levels in the final allocation and adjustments to funding in the August apportionment.

    (Added 26-Mar-2021)

  5. What is the Standardized Account Code Structure (SACS) code for the In-Person Instruction Grant?

    SACS Resource Code 7422: In-Person Instruction Grant has been assigned for the IPI Grant.

    (Added 26-Mar-2021)

Meaning of In-Person Instruction and Emergency School Closures

  1. What qualifies as in-person instruction?

    Pursuant to EC Section 43520.5, in-person instruction means instruction under the immediate physical supervision and control of a certificated employee of the LEA while engaged in educational activities required of the pupil.

    For the purposes of the IPI and ELO Grants, pursuant to EC Section 43504(b), in-person instruction may include hybrid models offering fewer than five days per week of in-person instruction, provided that the LEA is offering in-person instruction to the greatest extent possible.

    Although in-person instruction for the purposes of the IPI and ELO Grants has been expanded to include hybrid models, instructional time requirements for the 2020–21 school year have not changed. Instructional time calculations continue to be based on time under the immediate physical supervision and control of a certificated employee for in-person instruction and time value of assignments made by and certified to by a certificated employee for distance learning.

    Similarly, although under some circumstances a week of hybrid instruction can be considered in-person instruction for the purposes of the IPI and ELO Grants, LEAs must continue to meet distance learning requirements for all students that are assigned distance learning for any part of the instructional day during the 2020–21 school year. For more information on the instructional time and distance learning requirements in effect for the full 2020–21 school year, please see the 2020–21 Instructional Time FAQs.

    (Added 26-Mar-2021)

  2. What is the official date that schools must re-open to in-person instruction in order to be eligible for In-Person Instruction Grant funding?

    LEAs can re-open sooner, but must offer continuous in-person instruction, pursuant to EC Section 43521(c)(3), by April 1, 2021 to receive their full IPI Grant allocation. LEAs may begin providing in-person instruction as late as May 15, but their allocation will be reduced by one percent for each day of instruction that in-person instruction is not offered between April 1 and May 15, 2021. LEAs that do not offer continuous in-person instruction through the end of the 2020–21 school year (unless ordered by public health to close or experiencing an emergency event that qualifies for a J-13A and forces physical closure) or that do not begin providing in-person instruction by May 15, 2021 will forfeit their grant funding.

    (Updated 30-Mar-2021)

  3. For an LEA to be eligible for an In-Person Instruction Grant, do all school and programs operated by the LEA need to be open?

    An LEA must offer in-person instruction to the identified student groups and grade level as required in AB 86, regardless of which schools or school type they are attending.

    (Updated 30-Mar-2021)

  4. What does "offers in-person instruction to the greatest extent possible" mean?

    Statute does not define what "the greatest extent possible" means. However, LEAs are expected to consider full-day, full-week in-person instruction the default mode of instruction, only resorting to distance learning if required to ensure the health and safety of staff and students. For example, an LEA that is unable to house students in its facilities while maintaining proper distancing would likely need to offer in-person instruction in a hybrid model to accommodate health and safety. However, an LEA with more than sufficient space, staffing, hygienic supplies, etc. to ensure health and safety of all students should be offering full-day and full-week in-person instruction to all of its students.

    (Added 26-Mar-2021)

  5. Will a school be penalized if it offers in-person instruction through a hybrid model that does not include in-person instruction each day?

    There are no penalties associated with hybrid models of in-person instruction if conducted as specified in AB 86. AB 86 defines in-person instruction and specifies that hybrid models qualify as in-person instruction if an LEA offers in-person instruction to the greatest extent possible pursuant to EC Section 43504(b).

    LEAs offering hybrid models must still comply with the requirements of EC Section 43503 for all pupils participating in distance learning, instructional time requirements pursuant to EC Section 43501 for the 2020–21 school year, and applicable instructional day requirements pursuant to Chapter 2 (commencing with Section 46100) of Part 26 of Division 4 for the 2021–22 school year.

    (Updated 30-Mar-2021)

  6. What does continuous instruction mean for purposes of avoiding a penalty or forfeiture of In-Person Instruction Grant funds?

    LEAs are penalized one percent of IPI Grant funds for every day past April 1 that they are not in compliance with EC Section 43521(c)(3), with full forfeiture of funds after May 15. Once an LEA comes into compliance with this section of law, it must remain in compliance without interruption through the end of its scheduled 2020–21 school year (as that school year was defined by the LEA on March 1). Any interruption in compliance after an LEA begins providing in-person instruction pursuant to EC Section 43521(c)(3) will result in full forfeiture of the LEA’s IPI Grant funding, regardless of when it occurs. LEAs that are forced to physically close school due to a public health order or due to a natural disaster such as a fire, flood, or earthquake will not be considered out of compliance during that closure. Please see the next FAQ item below for more information on physical school closures due to a natural disaster. Since compliance is based on the scheduled 2020–21 school year, penalties would not apply during previously scheduled school breaks, such as spring break.

    (Added 26-Mar-2021)

  7. If an LEA is unable to offer planned in-person instruction due to a reason other than an order by a state or local health officer, such as a fire, flood, impassable roads, or earthquake, will the school forfeit In-Person Instruction Grant funds?

    No. If an LEA is unable to offer planned in-person instruction due to a natural disaster or other qualifying event for a Request for Allowance of Attendance Due to Emergency Conditions, Form J-13A, and that LEA submits a J-13A request for the closure days, they will not forfeit IPI Grant funds.

    (Updated 30-Mar-2021)

Use of Funds and Expenditure Reporting

  1. What are the allowable uses of the In-Person Instruction Grant?

    Pursuant to EC Section 43522(f), IPI Grant funds may be used for any purpose consistent with providing in-person instruction for any pupil participating in in-person instruction, including, but not limited to, COVID-19 testing, cleaning and disinfection, personal protective equipment, ventilation and other school site upgrades necessary for health and safety, salaries for certificated or classified employees providing in-person instruction or services, and social and mental health support services provided in conjunction with in-person instruction. 

    (Added 26-Mar-2021)

  2. What types of salary costs can be allocated to the IPI Grant?

    An LEA may use IPI funds to pay salaries for certificated or classified employees providing in-person instruction or services. AB 86 did not limit "salaries" to personnel costs associated with new or expanded services. Salaries may also include stipends or "hazard pay."

    (Added 26-Mar-2021)

  3. What are the start and end dates for expending IPI Grant funds?

    An LEA may use IPI funds for any eligible expenditures from the start of the 2020–21 fiscal year on July 1, 2020, through August 31, 2022. All expenditures, including reimbursements, must be linked to an allowable use.

    (Added 26-Mar-2021)

  4. Can an LEA charge indirect costs to the IPI Grant?

    Yes, LEAs may charge indirect costs to the IPI Grant at or below the approved rate.

    (Added 26-Mar-2021)

  5. Where is the LEA Certification Form available?

    The CDE is currently developing the format and content of the LEA Certification Form required by EC Section 43521(c)(5). CDE will post the LEA Certification Form by May 1, 2021. LEAs must submit the form by June 1, 2021.

    (Added 26-Mar-2021)

  6. What are the final expenditure report requirements?

    The CDE is currently developing the format and content of the final expenditure report. Additional information will be forthcoming. Pursuant to EC Section 43523(c), final expenditure reports are due on December 1, 2022. An LEA that does not submit the expenditure report shall forfeit all funds apportioned pursuant to Section 43521.

    (Added 26-Mar-2021)

Annual Audit

  1. Are these funds subject to the LEA’s annual audit?

    Yes. Audit procedures for the IPI and ELO Grants will be added to the audit guide for FY 2021–22 to determine:

    • Compliance with EC Section 43521(c)(2)(B)(iii) related to requirements for continuous in-person instruction.
    • Compliance with EC Section 43522(c), (d) and (e), regarding use of funds, and adoption of the plan.
    • Compliance with EC 43523(c) regarding submission of a final expenditure report.
    • Other statutory requirements may also be subject to annual audit pending the 2021–22 Supplemental Audit Guide.

    (Added 26-Mar-2021)


Expanded Learning Opportunities (ELO) Grant

Funding Calculations and Apportionment of Funds

  1. What local educational agencies are eligible to receive the Expanded Learning Opportunities Grant?

    Eligible LEAs for the ELO Grant include school districts, COEs, charter schools, and state special schools.

    (Added 26-Mar-2021)

  2. When will allocations be available for the Expanded Learning Opportunities Grant?

    Estimated allocations were posted on March 19, 2021, and final allocations will be available in early-August. Refer to the CDE’s In-Person Instruction and Expanded Learning Opportunities Grants Fuding Results page.

    The estimated and final allocation schedules include a calculation equal to ten percent of the ELO Grant funding, based on the LCFF entitlement, that must be used for paraprofessionals pursuant to EC 43522(c).

    (Added 26-Mar-2021)

  3. How is an LEA’s Expanded Learning Opportunities Grant funding Calculated?

    EC Section 43521(b) provides $4,557,443,000 to eligible LEAs and State Special Schools as follows:

    • $1,000 per homeless pupil enrolled in the 2020–21 fiscal year as reported in the California Longitudinal Pupil Achievement Data System (CALPADS) - EC 43521(b)(1)
    • $725 per unit of average daily attendance (ADA) for State Special Schools. - EC 43521(b)(2)
    • Remaining funds are allocated proportionally based on each LEA’s LCFF entitlement as of the 2020–21 P-2 Apportionment certification. - EC 43521(b)(3)

    The estimated allocations for eligible entities are calculated using the LCFF entitlement as of the 2020–21 P‑1 Apportionment and preliminary CALPADS data. Final allocations will be revised to reflect each LEA’s LCFF entitlement as of the 2020–21 P-2 Apportionment and final CALPADS data.

    (Added 26-Mar-2021)

  4. When can LEAs expect to receive funding for the Expanded Learning Opportunities Grant?
    • LEAs will receive 50 percent of their estimated allocations for the ELO Grant in May 2021 and funds will be paid in the same apportionment with the IPI Grant.
    • Remaining funds will be released in August 2021 based on the final allocations. If an LEA’s funding for the IPI Grant has been reduced or forfeited pursuant to EC 43521(c)(2), amounts may be reduced from its second apportionment of ELO Grant in August.

    (Added 26-Mar-2021)

  5. What are the Standardized Account Code Structure (SACS) codes for the Expanded Learning Opportunities Grant?

    The following SACS Coding has been assigned for the ELO Grant:

    • Resource Code 7425, Expanded Learning Opportunities Grant
    • Resource Code 7426, Expanded Learning Opportunities: Paraprofessional Staff

    (Added 26-Mar-2021)

Use of Funds

  1. What is the paraprofessional requirement for the Expanded Learning Opportunity Grant? Are LEAs required to hire additional paraprofessionals, or can they use the ten percent set-aside of funds for paraprofessionals that are currently employed?

    The purpose of these funds is to help LEAs rehire laid off paraprofessionals and hire new paraprofessionals. Statute includes the following intent: "It is the intent of the Legislature that a local educational agency prioritize rehiring paraprofessionals subject to layoff or release after the expiration of the protections included for classified employees in Section 94 of Chapter 24 of the Statutes of 2020, and further increasing the number of paraprofessional staff to meet the requirements of this subdivision." However, to the extent that is not applicable or possible, funds can also be used to expand paraprofessional services, either by hiring new paraprofessionals or by expanding the hours of existing paraprofessionals.

    Statute does not prohibit LEAs from using these funds for costs associated with existing paraprofessionals costs, but funds expended in this way must be used pursuant to subdivisions (b) and (c) of EC Section 43522, for providing supplemental instruction and supports to specified students and should be used in this manner after prioritizing the intent of rehiring and hiring new staff. LEAs without access to paraprofessionals would be required to forfeit these funds.

    (Added 26-Mar-2021)

  2. If a school has forfeited its In-Person Instruction Grant and chooses to exercise its ability to use ten percent of its Expanded Learning Opportunities Grant to support reopening, what may it use those funds for?

    Although not specified in statute, the intent of law is that these funds are used pursuant to subdivision (f) of EC Section 43522. However, up to ten percent of funds may be used for any purpose that supports reopening for in-person instruction for the purposes of mitigating student learning loss in the 2020–21 school year, including COVID-19 testing, cleaning and hygienic supplies, facility alterations related to health and safety, etc., to the extent that an LEA was unable to utilize funds pursuant to EC Section 43521(c) for these purposes.

    (Added 26-Mar-2021)

Grant Plan

  1. May LEAs use their local control and accountability plan (LCAP) stakeholder engagement process to meet the stakeholder engagement requirements for developing the Expanded Learning Opportunities Grant Plan?

    California EC Section 43522(e)(2)(iii) requires that parents and school site staff, including classified and certificated staff be involved in the development of the Expanded Learning Opportunities Grant Plan; in addition, EC Section 43522(h) encourages LEAs to engage, plan and collaborate with community partners, expanded learning programs, and existing behavioral health partnerships in the design of the plan. Therefore, LEAs may integrate stakeholder engagement related to the development of the Expanded Learning Opportunities Grant Plan into their ongoing LCAP stakeholder engagement process to the extent that it is appropriate and practicable to do so.

    (Added 15-Apr-2021)

  2. Are LEAs required to hold a public hearing to solicit stakeholder input prior to adopting the Expanded Learning Opportunities Grant Plan?

    EC Section 43522(e) requires that the Expanded Learning Opportunities Grant Plan be adopted at a public meeting of the governing board or governing body of the LEA on or before June 1, 2021. Statute does not require an additional public hearing to be held prior to the adoption of the plan. However, LEAs must include a description of how the LEA involved parents and school site staff, including classified and certificated staff, in the development of the plan pursuant to EC Section 43522(e)(2)(A)(iii).

    (Added 15-Apr-2021)

  3. Are LEAs required to submit the Expanded Learning Opportunities Grant Plan once it has been adopted by the local governing board or body of the LEA?

    Yes; EC Section 43522(e) requires the plan to be adopted on or before June 1, 2021 and the plan must be submitted within five days of adoption by the governing board or body of the LEA. School districts must submit the plan to their COE; charter schools must submit their plans to their chartering authority; COEs and school districts in a single-district county must submit their plans to the CDE.

    (Added 15-Apr-2021)

  4. Are COEs, chartering authorities, and the CDE required to review and/or approve Expanded Learning Opportunities Grant Plans?

    No; while EC Section 43522(e) requires plans to be submitted as described in the previous FAQ, statute does not include a requirement for COEs, chartering authorities, or the CDE to review or approve Expanded Learning Opportunities Grant Plans adopted by a governing board or governing body. As noted in the Annual Audit FAQ, EC Section 43523 requires that compliance be monitored through the annual audit process for the 2021–22 fiscal year.

    (Added 15-Apr-2021)

  5. Are LEAs required to post the Expanded Learning Opportunities Grant Plan on their web site?

    Statute does not include a requirement for LEAs to post the Expanded Learning Opportunities Grant Plan on their web sites; however, in the interest of informing the local community, LEAs are strongly encouraged to post the adopted Expanded Learning Opportunities Grant Plan to the same web page as their LCAP.

    (Added 15-Apr-2021)

Annual Audit

  1. Are these funds subject to the LEA’s annual audit?

    Yes. Audit procedures for the IPI and ELO Grants will be added to the audit guide for FY 2021–22 to determine:

    • Compliance with EC Section 43521(c)(2)(B)(iii) related to requirements for continuous in-person instruction.
    • Compliance with EC Section 43522(c), (d) and (e), regarding use of funds, and adoption of the plan.
    • Compliance with EC 43523(c) regarding submission of a final expenditure report.
    • Other statutory requirements may also be subject to annual audit pending the 2021–22 Supplemental Audit Guide.

    (Added 26-Mar-2021)

Instructional Time and Attendance Accounting Requirements

  1. Will there be any additional instructional time requirements for the summer school sessions or intersessional instructional programs provided with Expanded Learning Opportunities Grant funds?

    There are no specific statutory instructional time requirements for summer school sessions or intersessional instructional programs offered through ELO Grants.

    (Added 26-Mar-2021)

  2. If an LEA uses Expanded Learning Opportunities Grant funding to provide additional instructional learning time, should the LEA add days and/or minutes to the regular school calendar and/or bell schedules?

    Pursuant to EC Section 43522(b)(1), as part of the IPI and ELO Grants program, an LEA may extend instructional learning time in addition to the minimum number of instructional days and minutes that are required for each school year.

    This includes increasing the number of instructional days or minutes provided during the school year, providing summer school or intersessional instructional programs, or taking any other action that increases the amount of instructional time or services provided to pupils based on their learning needs.

    Instructional learning time for summer programs or intersessional instructional programs should not be added to regular school calendars or bell schedules used to substantiate the instructional time offered for the regular school year.

    Instructional learning time offered pursuant to the ELO Grants must be in addition to the instructional time required in order to meet annual instructional day and minute requirements.

    To the extent an LEA uses ELO Grant funds to add instructional learning time to the regular school year, the additional days and/or minutes should only be added to the school calendar and bell schedules used to substantiate the LEA’s instructional time offering if those days and minutes meet instructional day and/or minute offering criteria.

    Adding Instructional Minutes

    In order to add instructional minutes to an in-person bell schedule for the regular school year, those minutes must be under the immediate supervision and control of a certificated employee of the LEA. If attendance for the additional instructional minutes is optional, in order to include the optional instructional time to the bell schedule, the instruction delivered during the optional period must be available to all students that want to participate, the offering cannot be so limited in breadth that only some students can take advantage of the offering, and there can’t be an impediment to participation like giving up a lunch period or having to attend outside of district-provided bus service.

    For 2020–21 only, instructional time can also be calculated based on the time value of assignments made by and certified to by a certificated employee of an LEA for distance learning. To the extent that an LEA uses the ELO Grant to add instructional time through distance learning in 2020–21, that instructional time would need to meet teacher certification requirements in order to be added to a schedule of distance learning instructional time.

    Adding Instructional Days

    In order to add instructional days to the school calendar for 2020–21, the following criteria must be met:

    • the length of the instructional days is set by the local governing board
    • the instructional days meet minimum instructional day requirements, including certificated employee supervision and/or certification requirements (this applies to school districts, classroom-based charter schools, and county offices of education)
    • attendance is required of all students
    • all students are scheduled for at least the minimum day per their grade level (applies to school districts, classroom-based charter schools, and county offices of education)
    • the instructional day falls on a Monday-Friday (this applies to school districts and county offices of education)

    In order to add instructional days to the school calendar for 2021–22 or 2022–23, the following criteria must be met:

    • the length of the instructional days is set by the local governing board
    • the instructional days meet minimum instructional day requirements, including certificated employee supervision requirements (this applies to school districts and county offices of education)
    • attendance is required of all students
    • all students are scheduled for at least the minimum day per their grade level (applies to school districts and county offices of education)
    • the instructional day falls on a Monday-Friday (this applies to school districts and county offices of education)

    (Added 26-Mar-2021)

  3. Will providing summer school sessions or intersessional instructional programs affect average daily attendance (ADA)?

    LEAs are not collecting or reporting attendance for the purpose of apportionment in FY 2020–21.

    Based on current statute, LEAs will be collecting and reporting ADA for the purpose of apportionment in FY 2021–22. Generally speaking, ADA is calculated based on the number of instructional days that students attend divided by either instructional days offered or a fixed divisor depending on the instructional setting and the type of LEA that is calculating the ADA.

    ADA is calculated for the regular school year as well as for the Extended School Year Special Education Program. Attendance for intersessional or summer school programs is not included in ADA calculations.

    Summer school sessions and intersessional instructional programs should not be added to the school calendar as required instructional days. Attendance collected or reported for those programs may not be included in average daily attendance.

    (Updated 30-Mar-2021)

  4. Will increasing the number of instructional days offered during the school year affect average daily attendance (ADA)?

    LEAs are not collecting or reporting attendance for the purpose of apportionment in FY 2020–21.

    For each school year, all LEAs are required to meet specified minimum statutory instructional time requirements. In order to be considered instructional time for the purpose of instructional time requirements, LEAs must also meet specific certificated employee supervision requirements. The school calendar and accompanying schedules are used to substantiate the amount of instructional time offered and scheduled by an LEA and are reviewed by auditors during an LEA's annual external audit. Failing to meet instructional time and supervision requirements results in a loss of ADA or fiscal penalties.

    AB 86 requires that the extension or addition of instructional learning time for the purposes of the bill are provided in addition to the amount of instructional time required to be offered by an LEA to meet instructional day and minute requirements.

    LEAs have many options when adding instructional learning time. To the extent that an LEA uses ELO Grant funds to increase the number of instructional days offered during the regular school year those days should only be added to the regular school calendar and for 2021–22 and 2022–23 included in ADA calculations if all of the applicable instructional time requirements are met. More information on the criteria that must be met in order to add instructional days is provided above.

    In the event that the instructional year is expanded to include additional instructional days that meet the above criteria, attendance should be taken per the attendance accounting rules in place for that school year and the divisor used to calculate ADA must include the additional instructional days.

    Although adding instructional minutes alone should not impact ADA, if the instructional year is expanded to include additional instructional days, attendance should be taken per the attendance accounting rules in place for that school year and for 2021–22 and 2022–23, the divisor used to calculate ADA must include the additional instructional days. The majority of LCFF funding for school districts and charter schools is based on ADA as of the P-2 report which ends on the last day of the last full school month on or before April 15th.

    (Updated 30-Mar-2021)

  5. Is the extended instructional time offered pursuant to the Expanded Learning Opportunities Grants inclusive of the Extended School Year Special Education Program?

    No. Instructional time delivered pursuant to the ELO Grant must be in addition to what is offered to students participating in the Extended School Year Special Education Program.

    (Updated 30-Mar-2021)

Questions:   IPI Grants Team | InPersonGrants@cde.ca.gov
ELO Grants Team | ELOGrants@cde.ca.gov
Last Reviewed: Thursday, April 15, 2021
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