Section 48661 Of Article 3. Community Day Schools From California Education Code >> Division 4. >> Title 2. >> Part 27. >> Chapter 4. >> Article 3.
48661
. (a) A community day school shall not be situated on the same
site as an elementary, middle, junior high, comprehensive senior
high, opportunity, or continuation school, except as follows:
(1) When the governing board of a school district with 2,500 or
fewer units of average daily attendance reported for the most recent
second principal apportionment certifies by a two-thirds vote of its
membership that satisfactory alternative facilities are not available
for a community day school.
(2) When the governing board of a school district that is
organized as a district to serve kindergarten and grades 1 to 8,
inclusive, but no higher grades, certifies by a two-thirds vote of
its membership that satisfactory alternative facilities are not
available for a community day school.
(3) When the governing board of a school district that desires to
operate a community day school to serve any of kindergarten and
grades 1 to 6, inclusive, but no higher grades, certifies by a
two-thirds vote of its membership that satisfactory alternative
facilities are not available for a community day school.
(b) A certification made pursuant to this section is valid for not
more than one school year and may be renewed by a subsequent
two-thirds vote of the governing board.