Fiscal Report
Public Education's Point of Reference for Making Educated Decisions

AB 86 Allowable Uses

Assembly Bill (AB) 86 introduced two new funding streams to local educational agencies (LEAs) using Proposition 98 resources—the In-Person Instruction and Expanded Learning Opportunity Grants. Much of the focus thus far has been on eligibility for the grants, and distribution of funds (see “AB 86’s Most Frequently Asked Questions,” in the March 2021 Fiscal Report). We are pivoting to the next phase, which addresses the allowable uses and considerations for spending the grants.

The following table describes the allowable uses as authorized by AB 86.

In-Person Instructional Grants Expanded Learning Opportunity Grants
May be used for any purpose consistent with providing in-person instruction, including, but not limited to: Shall only be expended for the following purposes:
COVID-19 testing Extending instructional learning time beyond requirements for the 2020–21, 2021–22, and 2022–23 school years
Cleaning and disinfecting  Accelerating progress to close learning gaps
Personal protective equipment  Integrated pupil supports, such as the provision of mental health services, access to school meal programs, before and after school programs, and programs to address trauma
Ventilation and other school upgrades for health and safety  Community learning hubs that provide pupils with access to technology, high-speed internet, and other academic supports
Salaries for certificated and classified employees providing in-person instruction or services Supports for credit-deficient pupils to complete graduation or promotion requirements and to increase or improve pupils' college eligibility
Social and mental health support services provided in conjunction with in-person instruction Additional academic services for pupils, such as diagnostic, progress monitoring, and benchmark assessments of pupil learning
  Training for school staff on strategies, including trauma-informed practices, to engage pupils and families in pupils' social-emotional health needs and academic needs

The Expanded Learning Opportunity Grant is further restricted by requiring LEAs to spend no less than 85% on in-person services, and at least 10% of the total grant must be spent on paraprofessionals as defined in Education Code Section 45330. The 10% for paraprofessionals may be scored against the 85% requirement for in-person services.

The California Department of Education has provided resource codes for both grants, but LEAs developing their spending plan for the grants should also leverage the federal Elementary and Secondary School Emergency Relief (ESSER) funds (see “Plan to Spend, and Spend to Your Plan,” in the March 2021 Fiscal Report).

Grant  Resource Code
In-Person Instruction Grant  7422
Expanded Learning Opportunity Grant 
(10% paraprofessional set aside)
Expanded Learning Opportunity Grant 
(after 10% paraprofessional set aside)

Although both AB 86 grants are available for spending through August 31, 2022, the ESSER funds have similar allowable uses, and can be used in concert with the state funded grants.