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Article 8. Incentives For Longer Instructional Day And Year of California Education Code >> Division 4. >> Title 2. >> Part 26. >> Chapter 2. >> Article 8.
For a school district that received an apportionment
pursuant to subdivision (a) of this section, as it read on January 1,
2013, and that offers less than 180 days of instruction or, in
multitrack year-round schools, fewer than the number of days required
in subdivision (a) of this section, as it read on January 1, 2013,
in the 2013-14 fiscal year, or any fiscal year thereafter, the
Superintendent shall withhold from the school district's local
control funding formula grant apportionment pursuant to Section
42238.02, as implemented by Section 42238.03, for the average daily
attendance of each affected grade level the sum of 0.0056 multiplied
by that apportionment for each day less than what was required in
subdivision (a) of this section, as it read on January 1, 2013, up to
a maximum of five days.
For a county office of education that received an
apportionment pursuant to former subdivision (c) of this section, as
it read on January 1, 2013, and that offers fewer than 180 days of
instruction, or, in multitrack year-round schools, fewer than the 163
days of instruction, as required in former subdivision (c) of this
section, as it read on January 1, 2013, in the 2013-14 fiscal year or
any fiscal year thereafter, the Superintendent shall withhold from
the county superintendent of schools' local control funding formula
alternative education grant computed pursuant to Section 2574, as
apportioned pursuant to Section 2575, for the average daily
attendance of each affected grade level, the product of 0.0056
multiplied by that apportionment for each day less than what was
required to avoid a reduction pursuant to this section, as it read on
January 1, 2013, up to a maximum of five days.
(a) For each school district that received an apportionment
pursuant to subdivision (a) of this section, as it read on January 1,
2013, and that reduces the amount of instructional time offered
below the minimum amounts specified in subdivision (b), the
Superintendent shall withhold from the school district's local
control funding formula grant apportionment pursuant to Section
42238.02, as implemented by Section 42238.03, for the average daily
attendance of each affected grade level, the sum of that
apportionment multiplied by the percentage of the minimum offered
minutes at that grade level that the school district failed to offer.
(b) Commencing with the 2013-14 fiscal year:
(1) Thirty-six thousand minutes in kindergarten.
(2) Fifty thousand four hundred minutes in grades 1 to 3, inclusive.
(3) Fifty-four thousand minutes in grades 4 to 8, inclusive.
(4) Sixty-four thousand eight hundred minutes in grades 9 to 12, inclusive.
(b) Commencing with the 2013-14 fiscal year:
(1) Thirty-six thousand minutes in kindergarten.
(2) Fifty thousand four hundred minutes in grades 1 to 3, inclusive.
(3) Fifty-four thousand minutes in grades 4 to 8, inclusive.
(4) Sixty-four thousand eight hundred minutes in grades 9 to 12, inclusive.
(a) For a county office of education that received an
apportionment pursuant to former subdivision (a) of this section, as
it read on January 1, 2013, and that reduces the amount of
instructional time offered below the minimum amounts specified in
subdivision (b), the Superintendent shall withhold from the county
superintendent of schools' county local control funding formula grant
apportionment computed pursuant to Section 2574, as apportioned
pursuant to Section 2575, for the average daily attendance of each
affected grade level, the product of that apportionment multiplied by
the percentage of the minimum required minutes at that grade level
that the county office of education failed to offer.
(b) Commencing with the 2013-14 fiscal year, a county office of education shall, at a minimum, offer the following amount of instructional time:
(1) Thirty-six thousand minutes in kindergarten.
(2) Fifty thousand four hundred minutes in grades 1 to 3, inclusive.
(3) Fifty-four thousand minutes in grades 4 to 8, inclusive.
(4) Sixty-four thousand eight hundred minutes in grades 9 to 12, inclusive.
(b) Commencing with the 2013-14 fiscal year, a county office of education shall, at a minimum, offer the following amount of instructional time:
(1) Thirty-six thousand minutes in kindergarten.
(2) Fifty thousand four hundred minutes in grades 1 to 3, inclusive.
(3) Fifty-four thousand minutes in grades 4 to 8, inclusive.
(4) Sixty-four thousand eight hundred minutes in grades 9 to 12, inclusive.
Any school district that elected not to participate in
either or both of the longer-day and longer-year incentive funding
programs set forth in this article may commence participation in, and
begin receiving funding for, either or both of those programs in the
1998-99 or 1999-2000 fiscal years, on the same basis as if it had
participated in the program or programs since July 1, 1984, if the
district meets the requirement of paragraph (3) of subdivision (a) of
Section 46201 in the fiscal year in which it commences participation
and each fiscal year thereafter.
If a school district that does not participate in the
program set forth in Sections 46200 to 46206, inclusive, as those
sections read on January 1, 2013, offers less instructional time in a
fiscal year than the amount of instructional time fixed for the
1982-83 fiscal year, the Superintendent shall withhold for that
fiscal year, from the school district's local control funding formula
grant apportionment pursuant to Section 42238.02, as implemented by
Section 42238.03, for the average daily attendance of each affected
grade level, the amount of that apportionment multiplied by the
percentage of instructional minutes fixed in the 1982-83 school year,
at that grade level, that the school district failed to offer.
Amounts apportioned to school districts pursuant to this
article shall supplement, and not supplant, apportionments received
pursuant to any other provision of law.
(a) For purposes of this article, instructional time for
school districts conducting early-late instructional programs in
kindergarten and grades 1 to 8, inclusive, shall be computed by
adding the total amount of instructional time provided in each
portion of the early-late instructional programs to the amount of
instructional time offered when all pupils in the class are scheduled
to attend. It is not the intent of the Legislature to disrupt or
restrict early-late instructional programs for pupils in kindergarten
and grades 1 to 8, inclusive.
(b) This section shall be applicable only if the early-late instructional program was in operation during the 1983-84 fiscal year, except that the Superintendent of Public Instruction may approve, based on educational reasons, the application of this section to programs commencing operation after the 1983-84 fiscal year.
(c) Notwithstanding any other provision of law, this section is not applicable to any class in any grade level for which class size reduction funding is received pursuant to the Class Size Reduction Program contained in Chapter 6.10 (commencing with Section 52120) of Part 28; provided, however, that this section may be applicable to any class in any grade level for which class size reduction funding is received pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of Section 52122 if a school district operated under this section prior to July 1, 1996.
(b) This section shall be applicable only if the early-late instructional program was in operation during the 1983-84 fiscal year, except that the Superintendent of Public Instruction may approve, based on educational reasons, the application of this section to programs commencing operation after the 1983-84 fiscal year.
(c) Notwithstanding any other provision of law, this section is not applicable to any class in any grade level for which class size reduction funding is received pursuant to the Class Size Reduction Program contained in Chapter 6.10 (commencing with Section 52120) of Part 28; provided, however, that this section may be applicable to any class in any grade level for which class size reduction funding is received pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of Section 52122 if a school district operated under this section prior to July 1, 1996.
(a) The State Board of Education may waive the fiscal
penalties set forth in this article for a school district or county
office of education that fails to maintain the prescribed minimum
length of time for the instructional school year, minimum number of
instructional days for the school year, or both.
(b) For fiscal penalties incurred as a result of a shortfall on instructional time in the 2000-01 fiscal year or thereafter, a waiver may only be granted pursuant to subdivision (a) upon the condition that the school or schools in which the minutes, days, or both, were lost, maintain minutes and days of instruction equal to those lost and in addition to the amount otherwise prescribed in this article for twice the number of years that it failed to maintain the prescribed minimum length of time for the instructional school year, minimum number of instructional days for the school year following the year, or both, commencing not later than the school year following the year in which the waiver was granted and continuing for each succeeding school year until the condition is satisfied. Compliance with the condition shall be specifically verified in the report of the annual audit of the school district or county office of education for each year in which the additional time is to be maintained. If an audit report for a year in which the additional time is to be maintained does not verify that the time was provided, that finding shall be addressed as set forth in Section 41344.
(c) It is the intent of the Legislature that school districts and county offices of education make every effort to make up any instructional days and minutes lost during the school year in which the loss occurred, rather than seeking a waiver pursuant to the provisions of this section.
(d) The State Board of Education may grant a waiver pursuant to subdivision (a) without the condition provided in subdivision (b) to any school district that maintained a single session kindergarten class in the 1982-83 school year for more than the maximum number of 240 minutes permitted by state law and that, due to the school district's growth and facilities limitations, is required to operate two sessions of kindergarten per day in the same classroom.
(b) For fiscal penalties incurred as a result of a shortfall on instructional time in the 2000-01 fiscal year or thereafter, a waiver may only be granted pursuant to subdivision (a) upon the condition that the school or schools in which the minutes, days, or both, were lost, maintain minutes and days of instruction equal to those lost and in addition to the amount otherwise prescribed in this article for twice the number of years that it failed to maintain the prescribed minimum length of time for the instructional school year, minimum number of instructional days for the school year following the year, or both, commencing not later than the school year following the year in which the waiver was granted and continuing for each succeeding school year until the condition is satisfied. Compliance with the condition shall be specifically verified in the report of the annual audit of the school district or county office of education for each year in which the additional time is to be maintained. If an audit report for a year in which the additional time is to be maintained does not verify that the time was provided, that finding shall be addressed as set forth in Section 41344.
(c) It is the intent of the Legislature that school districts and county offices of education make every effort to make up any instructional days and minutes lost during the school year in which the loss occurred, rather than seeking a waiver pursuant to the provisions of this section.
(d) The State Board of Education may grant a waiver pursuant to subdivision (a) without the condition provided in subdivision (b) to any school district that maintained a single session kindergarten class in the 1982-83 school year for more than the maximum number of 240 minutes permitted by state law and that, due to the school district's growth and facilities limitations, is required to operate two sessions of kindergarten per day in the same classroom.
(a) Notwithstanding Sections 46200 to 46205, inclusive, upon
a determination that a school district equals or exceeds its local
control funding formula target computed pursuant to Section 42238.02
as determined by the calculation of a zero difference pursuant to
paragraph (1) of subdivision (b) of Section 42238.03, each school
district, as a condition of apportionment pursuant to Section
42238.02, as implemented pursuant to Section 42238.03, shall, for
each fiscal year, offer, at a minimum, the following number of
minutes of instruction:
(1) To pupils in kindergarten, 36,000 minutes.
(2) To pupils in grades 1 to 3, inclusive, 50,400 minutes.
(3) To pupils in grades 4 to 8, inclusive, 54,000 minutes.
(4) To pupils in grades 9 to 12, inclusive, 64,800 minutes.
(b) For a school district that has met its local control funding formula target that reduces the amount of instructional time offered below the minimum amounts specified in subdivision (a), the Superintendent shall withhold from the school district's local control funding formula apportionment for the average daily attendance of each affected grade level, the product of that apportionment multiplied by the percentage of the minimum offered minutes at that grade level that the school district failed to offer.
(c) Notwithstanding subdivision (a), for the 2013-14 and 2014-15 school years, a school district that equals or exceeds its computed local control funding formula target may reduce the equivalent of up to five days of instruction or the equivalent number of instructional minutes without incurring the penalties set forth in this section.
(1) To pupils in kindergarten, 36,000 minutes.
(2) To pupils in grades 1 to 3, inclusive, 50,400 minutes.
(3) To pupils in grades 4 to 8, inclusive, 54,000 minutes.
(4) To pupils in grades 9 to 12, inclusive, 64,800 minutes.
(b) For a school district that has met its local control funding formula target that reduces the amount of instructional time offered below the minimum amounts specified in subdivision (a), the Superintendent shall withhold from the school district's local control funding formula apportionment for the average daily attendance of each affected grade level, the product of that apportionment multiplied by the percentage of the minimum offered minutes at that grade level that the school district failed to offer.
(c) Notwithstanding subdivision (a), for the 2013-14 and 2014-15 school years, a school district that equals or exceeds its computed local control funding formula target may reduce the equivalent of up to five days of instruction or the equivalent number of instructional minutes without incurring the penalties set forth in this section.
(a) Notwithstanding Sections 46200 to 46205, inclusive, upon
a determination that a school district equals or exceeds its local
control funding formula target computed pursuant to Section 42238.02
as determined by the calculation of a zero difference pursuant to
paragraph (1) of subdivision (b) of Section 42238.03, each school
district, as a condition of apportionment pursuant to Section
42238.02, as implemented pursuant to Section 42238.03, shall offer
180 days or more of instruction per school year. A school operating
as a multitrack year-round school shall be deemed to be in compliance
with the 180-day requirement if it certifies to the Superintendent
that it is a multitrack year-round school and maintains its school
for a minimum of 163 schooldays.
(b) Notwithstanding subdivision (a), for the 2013-14 and 2014-15 school years, a school district that equals or exceeds its computed local control funding formula target may reduce the equivalent of up to five days of instruction or the equivalent number of instructional minutes without incurring the penalties set forth in this section.
(c) For a school district that has met its local control funding formula target and that offers fewer than the number of instructional days required pursuant to this section, the Superintendent shall withhold from the school district's local control funding formula grant apportionment pursuant to Section 42238.02, as implemented by Section 42238.03, for the average daily attendance of each affected grade level, the sum of 0.0056 multiplied by that apportionment for each day less than what was required pursuant to this section, for up to five days.
(b) Notwithstanding subdivision (a), for the 2013-14 and 2014-15 school years, a school district that equals or exceeds its computed local control funding formula target may reduce the equivalent of up to five days of instruction or the equivalent number of instructional minutes without incurring the penalties set forth in this section.
(c) For a school district that has met its local control funding formula target and that offers fewer than the number of instructional days required pursuant to this section, the Superintendent shall withhold from the school district's local control funding formula grant apportionment pursuant to Section 42238.02, as implemented by Section 42238.03, for the average daily attendance of each affected grade level, the sum of 0.0056 multiplied by that apportionment for each day less than what was required pursuant to this section, for up to five days.
