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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 distributed the LEA Certification Form required by EC Section 43521(c)(5) to LEAs on April 30, 2021 as a live web link to an online data collection.

    LEAs that did not submit a response as required by June 1, 2021 may submit their LEA Certification Form by completing the amendment data collection no later than 12:00 PM on Wednesday, June 23, 2021. LEAs that do not have a recorded response at the close of the amendment window will forfeit their IPI Grant.

    (Updated 15-Jun-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)

  7. If an LEA is offering in-person instruction in a hybrid model wherein two cohorts each attend in-person two days each week and all students participate in distance learning one day each week, how should this schedule be reflected on the LEA Certification Form?

    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, pursuant to EC Section 43504(b). For purposes of completing the LEA Certification Form, the LEA should indicate the distance learning day as "Instructional Day, In-Person Instruction Offered" in order to reflect an instructional week during which in-person instruction was offered to all required groups and grades. The LEA would not incur the one percent penalty for the one day of distance learning each week.

    (Added 4-May-2021)

  8. If an LEA offered in-person instruction before April 1, 2021, what date should they enter on the LEA Certification Form for, "The first day of in-person instruction in our LEA on or after April 1, 2021, as defined by AB 86," in the section related to continuous instruction?

    The IPI Grant parameters do not extend to dates before April 1, 2021. If an LEA offered in-person instruction before April 1, 2021, they should enter 04/01/2021, even if this date was a calendared non-instructional day (e.g., spring break).

    (Added 4-May-2021)

  9. What should an LEA do if they need to make a correction to an LEA Certification Form after it is submitted?

    The June 1, 2021 statutory deadline to submit an LEA Certification Form has passed. If an LEA has identified an error in their submitted data (XLSX), they must submit a new form by completing the amendment data collection no later than 12:00 PM on Wednesday, June 23, 2021.

    It is essential that each LEA coordinate its response locally (for instance, between program administrators and fiscal offices) to ensure that an amended LEA Certification Form is submitted only once, by an authorized representative of the LEA. Any amendment submitted will supersede data an LEA previously provided.

    (Updated 15-Jun-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)

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

    An LEA may use ELO 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 21-Apr-2021)

  4. Can the Expanded Learning Opportunities Grant be used to support preschool?

    Yes. LEAs can use their ELO grant to support a school readiness based preschool program. Assembly Bill (AB) 86 states that the funds shall be expended for the purposes of actions “that increases the amount of instructional time or services provided to pupils based on their learning needs” (EC Section 43522(b)(1)) and are “accelerating progress to close learning gaps through the implementation, expansion, or enhancement of learning supports.” (EC Section 43522(b)(2)) An ELO funded preschool program will need to focus on accelerating progress to close learning gaps and provide “supplemental instruction, support for social and emotional well-being, and, to the maximum extent permissible under the guidelines of the United States Department of Agriculture, meals and snacks.” The target population for any ELO funded preschool program must be children that will be eligible to attend the LEA and “pupils who are eligible for free or reduced-price meals, English learners, foster youth, homeless pupils, pupils who are individuals with exceptional needs, pupils at risk of abuse, neglect, or exploitation, disengaged pupils, and pupils who are below grade level.” (EC Section 43522(a)(1))

    (Added 21-Apr-2021)

  5. Can an LEA charge indirect costs to the ELO Grant?

    No, LEAs may not charge indirect costs to the ELO Grant because there are minimum direct spending levels required for ELO funds.

    Education Code 43522(d)

    (d) (1) Of the funds apportioned under subdivision (b) of Section 43521, a local educational agency shall use at least 85 percent of its apportionment for expenditures related to providing in-person services allowable pursuant to subdivision (b).

    (2) A local educational agency that has forfeited funding pursuant to clause (ii) or (iii) of subparagraph (B) of paragraph (2) of subdivision (c) of Section 43521 may expend up to 10 percent of funding received pursuant to subdivision (b) of Section 43521 in the 2020–21 school year to support school reopening for instructional services related to learning loss. Funds expended pursuant to this paragraph shall be considered “expenditures related to providing in-person services allowable pursuant to subdivision (b)” for purposes of paragraph (1).

    (3) Of the funds apportioned under subdivision (b) of Section 43521, a local educational agency may expend up to 15 percent to increase or improve services for pupils participating in distance learning or to support activities intended to prepare a local educational agency for in-person instruction, before in-person instructional services are offered.

    (Added 28-Apr-2021)

  6. Do any supplement not supplant requirements apply to ELO funds?

    AB 86 does not reference supplement, not supplant requirements. The CDE encourages LEAs to consult their agency’s legal department. The determination if an expense is allowable will take place through the independent audit.

    (Added 28-Apr-2021)

  7. Is the CDE reviewing allowable expenditures?

    The CDE is not approving or denying individual requests for allowable expenditures. The CDE encourages LEAs to consult their agency’s legal department. The determination if an expense is allowable will take place through the independent audit.

    Please see Education Code that specifies target populations and permissible types of expenditures that support activities within the ELO Grant.

    Education Code 43522

    (a) (1) A local educational agency receiving funds under subdivision (b) of Section 43521 shall implement a learning recovery program that, at a minimum, provides supplemental instruction, support for social and emotional well-being, and, to the maximum extent permissible under the guidelines of the United States Department of Agriculture, meals and snacks to, at a minimum, pupils who are eligible for free or reduced-price meals, English learners, foster youth, homeless pupils, pupils who are individuals with exceptional needs, pupils at risk of abuse, neglect, or exploitation, disengaged pupils, and pupils who are below grade level, including, but not limited to, those who did not enroll in kindergarten in the 2020–21 school year, credit-deficient pupils, high school pupils at risk of not graduating, and other pupils identified by certificated staff.

    (b) Specifically, funds received under subdivision (b) of Section 43521 shall be expended only for any of the following purposes:

    (1) Extending instructional learning time in addition to what is required pursuant to Part 24.5 (commencing with Section 43500) of Division 3 for the 2020–21 school year and Chapter 2 (commencing with Section 46100) of Part 26 of, or Chapter 3 (commencing with Section 47610) of, Division 4 and Section 300.106 of Title 34 of the Code of Federal Regulations for the 2021–22 and the 2022–23 school years by 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.

    (2) Accelerating progress to close learning gaps through the implementation, expansion, or enhancement of learning supports including, but not limited to, any of the following:

    (A) Tutoring or other one-on-one or small group learning supports provided by certificated or classified staff.

    (B) Learning recovery programs and materials designed to accelerate pupil academic proficiency or English language proficiency, or both.

    (C) Educator training, for both certificated and classified staff, in accelerated learning strategies and effectively addressing learning gaps, including training in facilitating quality and engaging learning opportunities for all pupils.

    (3) Integrated pupil supports to address other barriers to learning, such as the provision of health, counseling, or mental health services, access to school meal programs, before and after school programs, or programs to address pupil trauma and social-emotional learning, or referrals for support for family or pupil needs.

    (4) Community learning hubs that provide pupils with access to technology, high-speed internet, and other academic supports.

    (5) Supports for credit deficient pupils to complete graduation or grade promotion requirements and to increase or improve pupils’ college eligibility.

    (6) Additional academic services for pupils, such as diagnostic, progress monitoring, and benchmark assessments of pupil learning.

    (7) Training for school staff on strategies, including trauma-informed practices, to engage pupils and families in addressing pupils’ social-emotional health needs and academic needs.

    (Added 28-Apr-2021)

  8. If an LEA is a non-classroom-based charter school that does not provide in-person services, how is the total ELO allocation amount and paraprofessional amount calculated?

    Pursuant to EC Section 43522(d)(3), a local educational agency (LEA) may expend up to 15 percent of its ELO Grant to increase or improve services for pupils participating in distance learning or to support activities intended to prepare the LEA for in-person instruction, before in-person instructional services are offered.

    Pursuant to EC Section 43522(d)(1), non-classroom-based charter schools that do not offer in-person instruction may expend up to 15% of the estimated total ELO allocation to increase or improve services for pupils in distance learning. However, at least 10% of the funds apportioned under EC Section 43522(d)(3) must be used for paraprofessionals (EC Section 43522(c)(1)).

    Example:

    • LEA’s Estimated Total ELO Allocation is $200,000.

    • Determining 15% to increase or improve services: 15% of $200,000 is $30,000.

      • $30,000 would be the allowable ELO expenditure in this example for the LEA that does not provide in-person services.

    • Next, an LEA shall use at least 10% of the apportioned funds to hire paraprofessionals to provide supplemental instruction and support through the duration of this program, with a priority for full-time paraprofessionals. Supplemental instruction and support shall be prioritized for English learners and pupils who are individuals with exceptional needs.

    • This means that the LEA in this example shall use at least 10% of the $200,000 for paraprofessional services: 10% of $200,000 is $20,000. This $20,000 is a subset of the total $30,000 allowable for the LEA to expend rather than being in addition to the $30,000.

    Amounts available for budgeting:

    • The LEA has a total of $30,000 available

      • Resource Code 7425, Expanded Learning Opportunities Grant=$10,000

      • Resource Code 7426, Expanded Learning Opportunities: Paraprofessional Staff=$20,000 (minimum)

    For more information, please visit the Standardized Account Code Structure (SACS) Resource Codes web page.

    (Added 25-May-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. COEs and school districts in a single-district county must submit their plans to the CDE by email at LCAPReview@cde.ca.gov.

    (Updated 4-May-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)

  6. Is there an application process for the Expanded Learning Opportunities Grant?

    Unlike a traditional grant, there is not an application process for this grant. An eligible LEA will be allocated funding based on the grant formula articulated in EC Section 43521(b). As a condition of receiving these funds the LEA will develop and implement the Expanded Learning Opportunities Grant Plan, as required in EC Section 43522(e)(1). For additional information please see the Funding Calculations and Apportionment of Funds FAQs.

    (Added 28-May-2021)

  7. Are LEAs required to implement all of the seven supplemental instruction and support strategies articulated in California Education Code Section 43522(b)?

    LEAs are not required to implement each supplemental instruction and support strategy; rather LEAs are to work collaboratively with their community partners to identify one or more of the supplemental instruction and support strategies articulated in EC Section 43522(b) that will be implemented by the LEA.

    (Added 28-May-2021)

  8. Is an LEA required to provide a listing of itemized expenditures within the Expanded Learning Opportunities Grant Plan’s Expenditure Plan table?

    No; however, an LEA is required to specify the amount of Expanded Learning Opportunities Grant funds that the LEA has budgeted to support each of the supplemental instruction and support strategies being implemented by the LEA and the total of all the Expanded Learning Opportunities Grant funds budgeted in the plan, as required by EC Section 43522(e)(2)(A)(v).

    (Added 28-May-2021)

  9. May an LEA amend its Expanded Learning Opportunities Grant Plan following the adoption of the plan by the local governing board/body as required by EC Section 43522(e)(1)?

    Yes; an LEA may amend its Expanded Learning Opportunities Grant Plan, including the planned expenditures, based on changes in student needs identified as part of the LEAs ongoing assessment of the needs of students identified for supplemental instruction and support. LEAs are encouraged to collaborate with community partners when amending their plan.

    A materially altered plan should be brought to the governing board or body of the LEA for adoption and submitted to the COE, chartering authority, or the CDE, as applicable. LEAs are also strongly encouraged to post an amended plan to the same web page as their LCAP.

    (Added 28-May-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: Tuesday, June 15, 2021
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