On January 10, 2022, the California Department of Education (CDE) released updated Frequently Asked Questions (FAQs) Nos. 6 and 11 in regard to the Form J-13A submission due to a COVID‑19-related staffing shortage, as follows:
6. Are there exceptions that would allow a local educational agency (LEA) to file a Form J‑13A request for a COVID‑19 related closure due to LEA staffing shortages? (New: January 7, 2022)
School closures due to COVID‑19 related staffing shortages occurring during the time period of September 1, 2021 to June 30, 2022 are qualifying events with additional conditions, for which Form J‑13A requests may be submitted. The additional conditions for a Form J‑13A request for COVID‑19 related staffing shortages are as follows:
- The LEA is unable to provide in-person instruction to students 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.
- For certificated staff shortages, the LEA 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 California Department of Education (CDE) in determining that staffing needs cannot be met through any option.
- For classified staff shortages, the LEA has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the CDE in determining that staffing needs cannot be met through any option.
The consultation with the LEA’s county office of education and the CDE should factor in to the LEA’s decision to close school and be done prior to the LEA’s final decision to close. The Form J‑13A request and all required documentation should be submitted after the closure is over so that the LEA can determine the exact number of school closure days for the request.
Questions regarding the CDE consultation process may be directed to staffshortageconsultation@cde.ca.gov. Questions related to the requirements for the Form J‑13A may be directed to ATTENDANCEACCOUNTING@cde.ca.gov.
11. Is a material decrease in attendance due to COVID‑19 related staffing shortages, a qualifying event for a Form J‑13A request? (New: January 7, 2022)
Local educational agencies (LEAs) that remained open but lost attendance due to COVID‑19 related staffing shortages during the time period of September 1, 2021 to June 30, 2022, inclusive, may submit a Form J‑13A request for attendance credit if additional conditions are met and affirmed via an affidavit of members of the LEA’s governing board and the county superintendent. The additional conditions are as follows:
- The LEA is unable to provide in-person instruction to students 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.
- For certificated staff shortages, the LEA 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.
- For classified staff shortages, the LEA 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.
LEAs that incurred a loss of attendance due to quarantine or experienced a COVID‑19 related loss of attendance prior to September 1, 2021 can submit a [Form] J‑13A to mitigate losses of average daily attendance and receive instructional time credit for losses of attendance that occurred prior to September 1, 2021.
The nature of the circumstances resulting in a material decrease of attendance when school remains open while experiencing a COVID‑19 related staffing shortage will impact the timing of when the county office of education and CDE consultation should occur. Questions related to the timing of the consultation may be directed to ATTENDANCEACCOUNTING@cde.ca.gov. Questions regarding the CDE consultation process may be directed to staffshortageconsultation@cde.ca.gov.
The Form J‑13A request and all required documentation should be submitted after the material decrease is over so that the LEA can determine the exact number of days of decreased attendance for the request. Additional questions related to the requirements for the Form J‑13A may be directed to ATTENDANCEACCOUNTING@cde.ca.gov.
Timing for CDE Consultation
Timing for CDE Consultation for a COVID-19 Related Staffing Shortage | |
SCHOOL CLOSURE | MATERIAL DECREASE |
Step 1:
If faced with a potential school closure, the LEA is to consult with the county office of education and the CDE to discuss all options for obtaining staff coverage prior to closing. |
The nature of the circumstances resulting in a material decrease due to a COVID 19 related staffing shortage will impact the timing of when the country office of education and CDE consultation should occur. Questions related to the timing of the consultation may be directed to ATTENDANCEACCOUNTING@cde.ca.gov. |
Step 2:
The county office of education and CDE consultations should factor in to the LEA’s final decision to close if it is determined that staffing needs cannot be met. |
If it is determined that staffing needs cannot be met, the LEA may submit a Form J-13A request to the CDE once the material decrease is over. |
Step 3:
The LEA may submit a Form J-13A request to the CDE once the closure is over. |
All applicable pages of the Form J-13A should be completed with the following documents attached:
- Addendum for Staffing Shortages (for emergencies occurring September 1, 2021 – June 30, 2022)
- Certification Form for Independent Study (for emergencies occurring after September 1, 2021)
- Certified plan to offer independent study (for emergencies occurring after September 1, 2021)
- Supporting documentation (Governor’s Declaration of Emergency Material Decrease only)
- The Form J‑13A affidavit must be signed with original “wet” signatures by a majority of the LEA’s governing board members, the county superintendent, witnesses for the board members and county superintendent, and if applicable the charter school authorizer.
- The Certification Form for Independent Study must be signed with an original “wet” signature by either the county superintendent, district superintendent, charter school administrator, or designee.
The completed original hard copy Form J‑13A with all required documentation should be submitted by mail to the School Fiscal Services Division. If your LEA needs a CDE consultation, please sign up here to discuss with CDE staff the different options and practices available to help schools stay open for learning.
Materials
- CDE 2021-22 Form J-13A Frequently Asked Questions
- CDE Staffing Shortage J‑13 A Flow Process
- California Commission on Teacher Credentialing Executive OrderN‑3‑22 and New Staffing Flexibilities Correspondence (January 13, 2022)
- California State Teachers’ Retirement System Employer Directive on Executive OrderN‑3‑22 (January 14, 2022)
- Governor Newsom Executive OrderN‑3‑22 (January 11, 2022)