Los Angeles Unified School District 333 South Beaudry Ave, Los Angeles, CA 90017 Board of Education Report File #: Rep-308-19/20, Version: 1 Adoption of Authorization to Take Any and All Necessary Actions to Prepare and Respond Effectively to the Novel Coronavirus (COVID-19) Resolution Declaring Emergency Conditions Exist at Los Angeles Unified Schools and Offices (District) March 10, 2020 Office of the Superintendent Action Proposed: Staff proposes that the Board of Education take the following actions related to the emergency conditions related to the novel coronavirus (COVID-19) 1. Authorize the Superintendent and/or his designee to take any and all actions necessary to ensure the continuation of public education, and the health and safety of the students and staff at the District Sites, including, but not limited to: the relocation of students and staff, provision of daily student transportation, provision of alternative educational program options, provision of leave of absence to employees with pay due to quarantine or recently returning from level 3 countries or sick from COVID-19 or illnesses with similar symptoms (e.g., cough, fever, shortness of breath), or co-habitants of any individuals without any impact to their benefit time, directing staff to serve as disaster service workers, and/or make alterations, repairs or improvements to school property. 2. Adopt a Resolution, attached hereto, declaring emergency conditions exist throughout the District schools and offices (collectively known as “District Sites”) as a result of the threat of COVID-19 virus. 3. Authorize, by unanimous vote, under the provisions of section 20113 of the California Public Contract Code: a. The Superintendent and/or her designee(s) to enter into any and all contracts necessary, without advertising or inviting bids, and for any dollar amount necessary to respond to the emergency conditions at the District Sites, including, but not limited to: the relocation of students and staff; continued instruction of students; maintenance of food supplies, instructional materials, operational support supplies, equipment in support of virtual learning, daily student transportation; and provision of additional personnel such as nurses; and b. The flexibility with use of M & O Staff, notwithstanding section 20114, to enable and support the District Sites Background: In December 2019 an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19) was identified and has impacted more than 75 countries including the United States. As of March 4, 2020, there are 129 confirmed cases of COVID-19 in the United States, including 53 in California. Officials expect the number of cases in California, the United States, and worldwide to increase. As of March 4, 2020, Governor Gavin Newsom declared a State of Emergency to enable State and Local agencies to more effectively Los Angeles Unified School District Page 1 of 3 Printed on 3/9/2020 powered by Legistar™ File #: Rep-308-19/20, Version: 1 respond to the threat of spread of COVID-19. Expected Outcomes: Staff anticipates that the Board of Education will adopt the attached Resolution declaring that emergency conditions exist at District Sites. It is further anticipated that the Board of Education will authorize the Superintendent to take any and all actions necessary to ensure the health and safety of students and staff and to ensure public education continues to be provided to the students Board Options and Consequences: If the Board of Education does not approve the proposed actions contained in this Board Report, staff will be unable to take immediate and necessary action to 1) protect the short-term health of students and staff, and 2) ensure the delivery of public education is not impaired for the students at District Sites. Policy Implications: The proposed actions are consistent with Rules 1757 and 1758 of the Rules of the Board of Education. Budget Impact: There will be a budget impact, however the amount is unknown at this time. Student Impact: Ensures instructional and business continuity to provide students with learning environments that help them achieve their educational goals Issues and Analysis: See attached Resolution. Attachments: Resolution by the Los Angeles Unified School District Board of Education Declaring Emergency Conditions Exist at Los Angeles Unified Schools and Offices (District) and Authorization to Take Any and All Necessary Actions to Prepare and Respond Effectively to the Novel Coronavirus (COVID-19) Informatives: Not Applicable Submitted: 03/09/20 Los Angeles Unified School District Page 2 of 3 Printed on 3/9/2020 powered by Legistar™ File #: Rep-308-19/20, Version: 1 RESPECTFULLY SUBMITTED, ______________________________ AUSTIN BEUTNER Superintendent APPROVED & PRESENTED BY: _____________________________ Insert Name Insert Title Insert Division/Office REVIEWED BY: APPROVED & PRESENTED BY: ______________________________ DAVID HOLMQUIST General Counsel ______________________________ Insert Name (Delete if not applicable) Insert Title Insert Division/Office ___ Approved as to form. REVIEWED BY: ______________________________ TONY ATIENZA Director, Budget Services and Financial Planning ___ Approved as to budget impact statement. Los Angeles Unified School District Page 3 of 3 Printed on 3/9/2020 powered by Legistar™ AUTHORIZATION NEEDED TO TAKE ANY AND ALL NECESSARY ACTIONS TO PREPARE AND RESPOND EFFECTIVELY TO THE NOVEL CORONAVIRUS (COVID-19) RESOLUTION BY THE LOS ANGELES UNIFIED SCHOOL (LAUSD) DISTRICT BOARD OF EDUCATION DECLARING EMERGENCY CONDITIONS EXIST AT LOS ANGELES UNIFIED SCHOOLS AND OFFICES (DISTRICT) Bd. of Ed Rpt No. 308-19/20 March 10, 2020 WHEREAS, on March 4, 2020, the Governor of California declared a State of Emergency due to the outbreak and spread of a novel coronavirus (COVID-19); and WHEREAS, as of March 9, 2020, there are 110 cases reported of COVID-19 in California, 14 cases in LA County, and officials expect the number of cases to increase; and WHEREAS, strict compliance with various statutes and regulations would prevent, hinder or delay appropriate actions to prevent and mitigate the effects of COVID-19 WHEREAS, it is imperative to prepare for and implement measures to respond to the potential spread of COVID-19; and WHEREAS, it is imperative to have the tools to ensure the health and safety of students, staff, and families on our campuses; and WHEREAS, it is imperative to have the tools to ensure student learning continues if student education needs to be conducted from alternate locations or virtual learning environments; and WHEREAS, it is imperative that employees be allowed to take a leave of absence due to being quarantined or staying home after recently returning from Level 3 countries or sick from Coronavirus or illnesses with similar symptoms (e.g., cough, fever, shortness of breath) without suffering pay loss; and WHEREAS, the protection of the health and safety and preservation of the lives and property of the people of the State from the effects of natural emergencies such as COVID-19 which may result in conditions of disaster or in extreme peril to life, property, and resources is of paramount State importance requiring the responsible efforts of public and private agencies and individual citizens, and all public employees required to serve as disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law under Government Code 3100; and WHEREAS, Section 1102 of the Public Contract Code defines "emergency” to mean a “sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services,” and section 21060.3 of the Public Resources Code and California Environmental Quality Act Guidelines 14 CCR section 15269(c) defines “emergency” to mean “a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. ‘Emergency’ includes such occurrences as fire, flood, earthquake, or other soil or geological movements, as well as such occurrences as riot, accident, or sabotage.” WHEREAS, under California Public Contract Code Section 20113, in an emergency when any repairs, alterations, work, or improvement is necessary to any facility of public schools to permit the continuance of existing school classes, or to avoid danger to life or property, the board may, by unanimous vote, with the approval of the county superintendent of schools, do the following: make a contract in writing or otherwise on behalf the district for the performance of labor and furnishing of materials or supplies for the purpose without advertising for or inviting bid; and, notwithstanding section 20114; and NOW, THEREFORE BE IT RESOLVED, That the Board of Education of the Los Angeles Unified School District: (1) Determines that the circumstances described in the Resolution herein constitute an emergency condition; (2) By unanimous vote pursuant to section 20113 of the Public Contract Code and subject to approval by the Los Angeles County Superintendent of Schools, authorizes the execution of contracts without advertising or inviting bids; and, notwithstanding section 20114, authorizes the flexibility of M & O, notwithstanding section 20114, to respond to the emergency conditions at District Sites; and (3) Authorize the Superintendent and/or his designee to take any and all actions necessary to ensure the continuation of public education, and the health and safety of the students and staff at the District Sites, including, but not limited to: the relocation of students and staff, continued daily student transportation, provision of alternative educational program options, provision of leave of absence to employees with pay due to quarantine or recently returning from level 3 countries or sick from COVID-19 or illnesses with similar symptoms (cough, fever, shortness of breath) or cohabitants of any individuals without any impact to their benefit time pursuant to Education Code sections 44964 and 45199, directing staff to serve as disaster service workers pursuant to Government Code 3100, and/or make alterations, repairs or improvements to school property. PASSED AND ADOPTED by the Governing Board of the Los Angeles Unified School District at 333 South Beaudry Avenue, Los Angeles, California, on the 10th Day of March, 2020, by the following vote: AYES: __________NOES:_________ ABSENT: _________ABSTENTIONS:_________ __________________________ Richard Vladovic Board President (STATE OF CALIFORNIA) (SS. COUNTY OF LOS ANGELES) I, Jefferson Crain, Clerk of the Governing Board of the Los Angeles Unified School District of Los Angeles California, do hereby certify that the foregoing is a full, true and correct copy of a resolution adopted by said board at the regularly scheduled and conducted meeting held at the time and place stated, which resolution is on file and of record in the office of said board. _____________________________ Clerk