Governor Newsom signed
Senate Bill 820 into law on September 18, 2020. This budget
trailer bill is a technical clean-up bill for
Senate Bill 98, which was signed into law on June 29 as part
of the 2020-21 state budget. SB 820 contains several
clarifications that have an impact on early childhood, preK-12
schools, and higher education.
Major provisions of this bill affect both schools and
community colleges. They are listed first, followed by
more provisions specific to each division. You can also download
our pdf version.
Revises deadlines for spending COVID-19 learning loss mitigation
- $355.2 million of these funds are from the Federal Trust
Fund. The deadline for spending these funds is extended by one
year, to September 30, 2022 (previously Sept. 30, 2021).
- $539.9 million of these funds are from the state General
Fund. The deadline for spending these funds is extended to June
30, 2021 (previously Dec. 30, 2020).
- $4.4 billion of these funds are from the Coronavirus Relief
Fund and there is no change to the deadline for spending these
funds (December 30, 2020).
Broadens eligibility to more districts for low-cost borrowing
- Allows school and community college districts, and county
offices of education, to use the California School Finance
Authority (CSFA) intercept, which will enable those districts to
lower borrowing costs to address state funding deferrals.
Broadens use of funding for instructional materials and lottery
- Existing law defines “instructional materials” and
“technology-based materials” such that it excludes electronic
equipment and could prohibit a school district from purchasing
computers or related equipment. The bill deletes language that
excludes electronic equipment from the definition of
technology-based materials and the provisions prohibiting the
replacement of computers or establishing a new computer lab. It
specifies that technology-based materials also include the
electronic equipment required to make use of those materials used
by pupils and teachers as a learning resource, including, but not
limited to, laptop computers and devices that provide internet
- Clarifies the definition of “instructional materials” in a
new section of the Government Code, which will allow schools and
community colleges to use lottery funds to purchase instructional
materials. It specifies that instructional materials “include,
but are not limited to, laptop computers and devices that provide
internet access for use by pupils, students, teachers, and
faculty as learning resources,” and provides more flexibility in
the use of these funds.
Provides funding for enrollment growth
- Amends the Budget Act to allow Local Educational Agencies
(LEAs), for their 2020-21 apportionment, to apply for either
planned increases or actual planned growth to classroom-based
student attendance in lieu of the 2019-20 average daily
attendance (ADA) hold-harmless guarantee adopted in the Budget
Act of 2020-21 under certain conditions.
- Excludes non-classroom-based charter schools from eligibility
for enrollment growth funding.
Provides additional support for early childhood education/child
- Clarifies that funding for child care providers located on an
LEA campus qualifies for the hold harmless provision in the
Budget Act, if the LEA is closed per public health guidance or
- Increases funding by $31.25 million in federal Child Care and
Development Block Grant funds (CCDBG) and increases allowable
non-operative days for alternative payment program providers by
another 14 days (for COVID-19 related closures).
- Extends the waiver of family fees for child care services
through Aug 31, 2020, and waives family fees for the 2020-21
Updates other deadlines and requirements
- Executive Order N-66-20 authorized postponement of various
educator assessment requirements, including attaining all other
credential requirements, during the pandemic. The trailer bill
extends the postponement to August 2021.
- Physical Performance Test for 2020-21 is suspended.
- The Budget Act postponed the deadline for developing an
observation protocol for teaching English Language Learners to
2021. This trailer bill postpones it an additional year to 2022.
- The timeline for initial assessment of pupils for English
language proficiency using the English Language Proficiency
Assessment for California (ELPAC) is extended by 45 calendar days
for the 2020-21 fiscal year. LEAs are required to screen new
pupils, pending assessment results, to ensure those informally
determined to be English learners receive appropriate supports as
soon as possible.
Increases funding for summer meal program
- Increases the 2020-21 Budget Act appropriation for the COVID
closure and summer meal program state reimbursement from $112
million in CARES Act funds to a total of $192 million through a
combination of federal and general funds to reimburse LEAs.
Clarifies use of online instruction
- Clarifies that LEAs are not prohibited from adopting online
instruction as part of a distance learning program and clarifies
that except as required under a distance learning program,
individuals may not record an online course without teacher and
Extends encumbrance date of Community Schools Partnership Grant
- Amends the date by which grant funds from the California
Community Schools Partnership Program must be encumbered to
September 22, 2022, to align with the availability period for the
federal Elementary and Secondary School Emergency Relief (ESSER)
Amends appropriation for California Dyslexia Initiative
- Amends the appropriation for the Dyslexia Initiative to
reflect $2 million in one-time Proposition 98 General Fund and $2
million in one-time federal funds instead of $4 million in
one-time federal funds.
Expands Community College Board of Governors
- Adds the Lieutenant Governor as a voting member to the Board
Allows University of California to use savings to avoid layoffs
- As of Jan. 1, 2021, General Fund capital expenditures may
proceed only after certification that cleaning, maintenance,
groundskeeping, food service, and other work traditionally
performed by UC employees may not be outsourced.
- Authorizes UC to use savings from refunding, retiring, or
restructuring bond debt to mitigate impacts to programs and
services that predominantly support underrepresented students and
to provide for continued employment for employees without
layoffs, furloughs, and reductions in time.
For additional information about SB 820, please contact:
Shreck Research Director
Telephone (916) 446-2788