Instructional Continuity Plans (ICPs)

The ICP requirement is contained in California Education Code (EC) Section 32282(a)(3)(A) through (D). It makes an ICP an additional element for inclusion in a Comprehensive School Safety Plan (CSSP) by July 1, 2025. It applies to school districts, county offices of education, and charter schools (EC Section 32282[a][3][D]).

The ICP requirement was added to the existing EC article governing CSSPs (EC sections 32280 et seq.), which contains other provisions regarding the content, development, and adoption of CSSPs. For example, each school district and county office of education “is responsible for the overall development of all comprehensive school safety plans for its schools.” However, each school’s schoolsite council or school safety planning committee plays an important part in a CSSP’s development and adoption (EC Section 32281; see also EC sections 32286 and 32288).

(Note: Pursuant to EC Section 32281[d][1], school districts with fewer than 2,501 units of Average Daily Attendance may have a local educational agency (LEA)-adopted CSSP for all schools within the district.) Charter schools will follow their existing procedures for adopting and amending CSSPs. (See EC Section 47605[c][5][f][ii], referencing CSSP development as a matter described in charter petition.)

Existing law requires that each school “review and update” its CSSP by March 1 every year. (EC Section 32286[a]; see also EC Section 47605[c][5][f][iii] with respect to charter schools). However, existing law does not preclude schools from evaluating and amending its CSSP throughout the year to ensure compliance with and proper implementation of the law. (See, e.g., EC Section 32282[d] [recognizing that schools may evaluate and amend their plans more than once a year].) Therefore, LEAs can and should ensure that their schools have an amended CSSP containing an ICP by July 1, 2025, even if the March 1 date has passed.

Yes. Existing statutory requirements for the development and adoption of CSSPs apply to the development of an ICP (See EC sections 32280 through 32288). The LEA itself “is responsible for the overall development of all (CSSPs) for its schools.” However, each school has a school site council or school safety planning committee that plays an important part in a CSSP’s development and adoption (EC Section 32281; see also EC sections 32286 and 32288). Ultimately, a school’s CSSP must be approved at the LEA level (EC Section 32288). Nothing prohibits an LEA’s schools’ CSSPs from containing the same or similar ICP component; however, LEAs and their schools’ councils/committees should be mindful of specific input, needs and circumstances at the school site level.

EC Section 32282(d) states that an updated file of all safety-related plans and materials shall be readily available for inspection by the public, if requested. Guidance on the CDE CSSP web page suggests that safety plans be made available online and/or in hardcopy for viewing at the school site administration or reception office. (Note: EC Section 32281[f] contains an exception to the public disclosure requirement for portions of the CSSP concerning “tactical responses to criminal incidents,” as defined.)

While the Learning Continuity Plans can inform the ICP, the plans and legal requirements are different. For example, the ICP must identify certain timeframes (5 calendar days to make contact with families and students, 10 instructional days to provide access to instruction). An LEA plan offering remote instruction (i.e., not in-person) must be designed to meet the standards of independent study (traditional or course-based) pursuant to EC sections 51747 and 51749.5 (EC Section 32282[a][3][A][ii]).

The ICP requirement applies to all charter schools, with no exception for such non-classroom-based charter schools.

An ICP must include, among other things, a “plan to provide access to in-person instruction or remote instruction pursuant to EC Sections 51747 and 51749.5 (applicable to Independent Study programs), as soon as practicable, but no later than 10 instructional days following the an emergency.” In addition, the legislation adding the ICP requirement provides that LEAs “are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs” (EC Section 322829{a][3][B]).

Existing requirements for the updating of a school’s CSSP apply; however, the specific statutory deadline for amending a CSSP to include an ICP is July 1, 2025. See also responses to Questions 1–3.

No. For school closures and/or material decreases in attendance due to emergency events occurring on or after July 1, 2026 (EC Section 46393[e]), an LEA must certify that they have locally-adopted CSSP which includes a compliant ICP in accordance with EC Section 32282(a)(3). LEAs are not required to submit a copy of their ICP with their Form J-13A submission. This certification requirement applies to all LEA types (school districts, county offices of education, and charter schools).

More information about Form J-13A can be found on the Form J-13A web page.