When Disaster Strikes, Learning Must Go On

An Instructional Continuity Plan Is Now Legally Required

Effective Deadline: July 1, 2025

Starting July 1, 2025, ALL schools must have an Instructional Continuity Plan. Failure to comply can result in audit findings, loss of emergency funding, and legal risk.

California Education Code section 32282, subdivision (a)(3)(A), as amended by Senate Bill 153 (“SB 153” 2024), requires that all California public schools make a plan to maintain continuity of instruction (“Instructional Continuity Plan”) following emergencies or natural disasters that disrupt in-person instruction. This change in law was intended by the legislature to address gaps exposed during the COVID-19 pandemic and recent natural disasters (e.g., wildfires, floods) and seeks to minimize loss of learning and to improve continuity of educational services and family support following future qualifying emergencies and disasters pursuant to Education Code 41422 and 43692(a) that disrupt in person instruction (“Emergency Event”) and materially reduces the school’s average daily attendance.

This newly required ICP must be integrated into each charter school’s School Safety Plan (“SSP”) by July 1, 2025. Board approval of an ICP or its addition to an existing SSP is NOT required by law, although charter schools are encouraged to check the requirements of their charter or any applicable memorandum of understanding (“MOU”) with their authorizer to determine if board approval of SSP revisions is necessary.

Failure to comply with the specified deadline may result in audit findings and could impact the approval of Form J-13A waivers for attendance-related funding adjustments during emergencies.

Who Must Comply?

All school districts, county offices of education, and charter schools.

The ICP Shall Include the Following Procedures:

1. Initial Family Communication – within 5 Calendar Days of Emergency Event:
   • Establish two-way communication with students and families within 5 calendar days of any Emergency Event.
   • Identify and provide support for student needs (academic, mental health, social-emotional).
2. Provide In-Person or Remote Instruction as Soon as Practicable, but no Later than 10 Instructional Days after Emergency Event:
   • Provide access to in-person, remote, or hybrid instruction no later than 10 instructional days after Emergency Event.
3. Remote Learning Must Meet Independent Study Standards:
   • Remote instruction must align with independent study pursuant to Ed. Code §51745–51747.5.
4. The California Department of Education (“CDE”) recommends including Support for Vulnerable Populations within the ICP:
   • Students with Disabilities- IEP and Section 504 services must continue.
   • English Learner (ELD) instruction must be provided.
   • Foster Youth & Students Experiencing Homelessness- Liaison support and academic resources must be maintained.
   • Students in Crisis- Counseling services and mental health referrals must be available.
5. Technology & Resource Access. The CDE Recommends Including:
   • Assessing student technology needs regularly.
   • Distributing laptops/hotspots as needed.
   • Developing offline solutions in case power or the internet is unavailable.
6. Return to In-Person Instruction:
   • The CDE recommends that the ICP define the criteria for safely reopening (e.g., power restored, safe air quality, staff available, utilities functioning).

Make sure your Independent Study policies are reviewed and updated at least annually to ensure they comply with the current legal requirements. At YM&C, we can help!

Why This Matters – Funding & J-13A Waivers:

Schools affected by emergencies may apply for J-13A waivers to receive ADA funding for missed instructional days and to excuse the loss of instructional minutes; however, schools must comply with the ICP requirement to qualify for these waivers.

Starting July 1, 2025, ALL schools must have an Instructional Continuity Plan. Why? Failure to comply can result in audit findings, loss of emergency funding, and legal risk.

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If you would like assistance with updating policies or receiving our ICP template, do not hesitate to get in touch.