August 12, 2020 The Honorable Hannah-Beth Jackson Chair, Senate Judiciary Committee State Capitol, Room 2187 Sacramento, CA 95814 Subject: Senate Judiciary Committee Hearing on August 18, 2020 – Request to Hear AB 1384 (O’Donnell): COVID-19 Liability Protection to Local Educational Agencies Dear Senator Jackson, The undersigned members would like to respectfully request your consideration in hearing AB 1384 authored by Assemblymembers O’Donnell, Boerner Horvath, Cunningham, Daly, Fong, Grayson, Irwin, Low, Quirk-Silva, Blanca Rubio, and Smith and Senators Susan Rubio, Allen, Borgeas, Dodd, and Hill. The co-authors listed above, some being long-time teachers, former administrators or having worked on education policy, ask that this critical piece of legislation move forward this cycle giving the detrimental fiscal impact this will have on school districts. This bipartisan bill is supported by over 230 statewide associations and local educational agencies (LEAs) and was recently amended to address feedback received from various stakeholders during the summer legislative recess. While we recognize both legislative houses have a significant number of issues to address before the end of this legislative session, AB 1384 is an urgent measure that deserves to be considered by your Committee and the entire legislative body given the implications the global COVID-19 pandemic is having on the communities and children we serve. The current unprecedented educational challenges posed by COVID-19 have created a crisis in learning loss, equity, and safety for students and staff. In our capacity as lawmakers to be good stewards of taxpayer resources, LEAs ask that we provide the temporary and narrow legal protection necessary to support the safe reopening of school facilities and help keep scarce resources in the classroom. Specifically:  1 Liability protections against alleged transmission of COVID-19 while at school.  LEA receives protection only if it implements new COVID-19 health and safety policies.  Policies must comply with public health requirements and the California Department of Public Health (CDPH) guidance – a higher safety standard than is currently required by law.  Protection would not impair any existing civil rights of students and employment benefits of employees. This temporary protection is needed due to the following: 1. COVID-19 lawsuits will dissolve school district budgets and take away critical resources from the classroom. COVID-19 claims are being excluded from LEA insurance coverage, meaning litigation costs (regardless of whether the LEA has a winning case) will come directly from an LEA’s general fund, which is intended to serve students. 2. In-person instruction is required. Safe, in-person learning will remain the gold standard for closing the achievement gap and meeting students’ social-emotional needs. It is paramount for students in grades TK-12 to have safe options when providing in-person instruction, particularly since K-12 education is compulsory and in-person instruction is mandated by law to the greatest extent possible (SB 98, 2020). 3. Immediate need for campuses re-opening. A rising number of schools and counties are currently seeking waivers to provide in-person instruction (in consultation with public health officers and community stakeholders) outlined in the updated state’s reopening framework. Students and educators will not benefit from the threat of costly litigation arising across California’s thousand-plus LEAs. Without this protection, schools confront enormous apprehension and risks when reopening campuses. As elected officials representing all of California, our school communities need our immediate help to ensure the safety of students and staff is upheld while providing the necessary legal protections critical to the safe reopening of schools. Thank you for your consideration on setting this bill for a hearing in the Senate Judiciary Committee on Tuesday, August 18, 2020. It is imperative that we hear this measure. If you have any questions, please feel free to contact Krystal Moreno at Krystal.Moreno@sen.ca.gov and cc Sophia Kwong Kim at Sophia.Kwong@asm.ca.gov. Sincerely, Senate District 22 2 _______________________ Assembly District 70 ________________________ Senate District 3 ________________________ Senate District 26 ________________________ Senate District 21 ________________________ Senate District 8 ________________________ Senate District 29 ________________________ Senate District 28 ________________________ Senate District 13 ________________________ Senate District 12 ________________________ Senate District 14 ________________________ Senate District 40 ________________________ Senate District 7 ________________________ Senate District 23 ________________________ Assembly District 36 ________________________ Assembly District 38 ________________________ Assembly District 3 ________________________ Assembly District 33 3 ________________________ Assembly District 1 ________________________ Assembly District 28 ________________________ Assembly District 6 ________________________ Assembly District 50 ________________________ Assembly District 40 ________________________ Assembly District 48 ________________________ Assembly District 25 ________________________ Assembly District 64 ________________________ Assembly District 66 ________________________ Assembly District 54 ________________________ Assembly District 52 _________________________ Assembly District 69 ________________________ Assembly District 34 ________________________ Assembly District 34 4 ________________________ Assembly District 76 ________________________ Assembly District 51 ________________________ Assembly District 34 ________________________ Assembly District 46 ________________________ Assembly District 30 ________________________ Assembly District 68 ________________________ Assembly District 41 ________________________ Assembly District 35 ________________________ Assembly District 24 cc: 5 The Honorable Governor Gavin Newsom The Honorable President pro Tempore Toni G. Atkins The Honorable Speaker Anthony Rendon