Ed. Code, § 41422 · Article 7. Conditions Disqualifying School Districts from Apportionments
Ed. Code, § 41422
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A school district, county office of education, or charter school that is prevented from maintaining its schools during a fiscal year for at least 180 days for a school district or county office of education or 175 days for a charter school, or is required to operate sessions of shorter length than otherwise prescribed by law because of fire, flood, earthquake, snowstorm, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or of any civil officer of the United States, of the state, or of any county, city and county, or city authorized to issue that order to meet an emergency created by war, or because of other extraordinary conditions, or because of inability to secure or hold a teacher, or because of the illness of the teacher, which fact shall be shown to the satisfaction of the Superintendent by the affidavits of the members of the governing board of the school district, the governing board of the county office of education, or the governing board or body of the charter school and of the county superintendent of schools, shall receive the same apportionment from the State School Fund as it would have received had it not been so prevented from maintaining school for at least 180 full-length days for a school district or county office of education or 175 full-length days for a charter school.
(b) This section shall also apply to school districts, county offices of education, or charter schools that, in the absence of one or more of the conditions prescribed by this section, would have qualified for funds pursuant to Sections 46200 to 46208, inclusive, or Section 47612.5, as applicable.
(c) (1) Notwithstanding the inability to secure or hold a teacher, or because of the illness of the teacher pursuant to subdivision (a), from September 1, 2021, to June 30, 2022, inclusive, with the exception of a school closure for a schoolsite or class that only serves pupils who are individuals with exceptional needs, as defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 of Division 4 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27 of Division 4, a school district, county office of education, or charter school shall not receive the same apportionment from the State School Fund pursuant to this section as it would have received had it not been so prevented from maintaining school for at least 180 full-length days for a school district or county office of education or 175 full-length days for a charter school if the school closure was due to impacts from COVID-19.
(2) (A) Notwithstanding paragraph (1), a school district, county office of education, or charter school may still receive credit for instructional days and minutes that were scheduled for in-person instruction, as demonstrated by the governing board or body approved calendar in place before the event, on days in which the school district, county office of education, or charter school was prevented from maintaining school due to the conditions indicated in paragraph (1) provided that instruction was offered to all eligible pupils through independent study pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4 and implementing regulations adopted thereunder.
(B) The superintendent of a school district, the county superintendent of schools, or the administrator of a charter school shall certify to the Superintendent to offering all eligible pupils instruction through independent study pursuant subparagraph (A).
(3) Notwithstanding paragraph (1), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive the same apportionment from the State School Fund pursuant to this section for school closures related to impacts from COVID-19 due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(A) The school district, county office of education, or charter school is unable to provide in-person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(B) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(C) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
Notes and commentary — not statutory text
History
Amended by Stats. 2024, Ch. 477, Sec. 1. (SB 1429) Effective January 1, 2025.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=41422.
- Text hash
- sha256 22a66e3e315448dcd7782ea043e7675b2087f7aab4eb1003a91f704b64e16042
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Education Code
- Ed. Code, § 46200Printed as Sections 46200 to 46208, inclusive
- Ed. Code, § 46208Printed as Sections 46200 to 46208, inclusive
- Ed. Code, § 47612.5Printed as Section 47612.5
- Ed. Code, tit. 2, div. 4, pt. 27, ch. 4, art. 3Community Day SchoolsPrinted as Article 3 (commencing with Section 48660) of Chapter 4 of Part 27 of Division 4
- Ed. Code, tit. 2, div. 4, pt. 28, ch. 5, art. 5.5Independent StudyPrinted as Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4
- Ed. Code, § 56026Printed as Section 56026
- Ed. Code, tit. 2, div. 4, pt. 30, ch. 4, art. 3Instructional Planning and Individualized Education ProgramPrinted as Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 of Division 4
Cited by 10 provisions
Provisions in this library whose text cites Ed. Code, § 41422. Each shows the citation as that text prints it.
Education Code
- Ed. Code, § 32282Printed as Section 41422
- Ed. Code, § 37712Printed as Section 41422 or 46392
- Ed. Code, § 46120Printed as Section 41422
- Ed. Code, § 46211Printed as Section 41422
- Ed. Code, § 46390Printed as Section 41422
- Ed. Code, § 46392Printed as Section 41422
- Ed. Code, § 46393Printed as Section 41422 or 46392
- Ed. Code, § 51745Printed as Sections 41422 and 46392
- Ed. Code, § 51747Printed as Section 41422
- Ed. Code, § 51749.6Printed as Section 41422
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