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California Code of Regulations, Title 5

K-3 Class Size Reduction program requirements in the California Code of Regulations, Title 5.

Title 5 Education
Division 1, California Department of Education
Chapter 14 School Finance

For the purposes of administering the provisions of this chapter and the provisions of Education Code sections 41376 and 41378, the following definition applies:

15103. Definitions
(a) "Class" means a group of pupils scheduled to report regularly at a particular time to a particular teacher as opposed to a grade which is a broader segment of the school organization.

(1) Where the type of teaching in kindergarten and grades 1, 2, and 3 is other than in self-contained classes, the "class" is the basic homeroom where all of the following applies for a child:

(A) Attendance is recorded and investigation of absences is instigated.

(B) The child has his desk, locker, or drawer.

(C) The teacher handles the administrative routines such as keeping cumulative records, collecting basic data about the child, distributing items to go home, collecting lunch money, and distributing and collecting report cards.

(D) The teacher is the usual contact with the child's parents.

(E) Some planned instruction is given.

(2) For kindergarten and grades 1, 2, and 3, when it is necessary for a specific group of pupils, consisting of a portion or all of the pupils otherwise enrolled in a "class," to meet together for a particular period or periods during the regular school day for a particular phase of education for which responsibility is assigned to two or more teachers, or for an extracurricular school activity, such group shall not be considered a "class" under the provisions of this section.

Subchapter 3.5. Class Size Reduction Program Kindergarten - Grade 3

15130. Eligibility for Participation in the Class Size Reduction Program Under Option Two.

For purposes of Option Two, as set forth in Education Code section 52122(b)(2)(B), the reference to Education Code sections 41376 and 41378 shall be interpreted as permitting certificated teachers, including kindergarten teachers, who are assisting in classrooms in which they are not the principal teachers, to be counted for purposes of determining class size to the extent they provide direct instructional services to pupils primarily in reading and mathematics.

Note: Authority cited: Sections 33031 and 52125(b), Education Code. Reference: Section 52122, Education Code.

15131. Qualification for Funding.

(a) Education Code Section 52124(b)(2) shall not be interpreted as precluding a school district from qualifying for funding for classes at grade 2 at a schoolsite if that school district unintentionally fails to meet the class size reduction requirement for all of its classes at grade 1 at that schoolsite. Similarly, Education Code Section 52124(b)(3) shall not be interpreted as precluding a school district from qualifying for funding for classes in kindergarten or grade 3 at a schoolsite if that school district unintentionally fails to meet the class size reduction requirement for all of its classes at grades 1 and 2 at that schoolsite.

(b) When a schoolsite does not serve kindergarten and all of grades 1 to 3, inclusive, but does serve kindergarten or one or more of those grade levels, that schoolsite and every other schoolsite to which it sends pupils or from which it receives pupils in kindergarten or any of grades 1 to 3, inclusive, shall be considered a single schoolsite for purposes of Education Code Section 52124(b).


Note: Authority cited: Sections 33031 and 52125(b), Education Code. Reference: Section 52124, Education Code.

15132. Apportionments to Charter Schools

(a) A school operated under the Charter Schools Act of 1992 may participate in the Class Size Reduction Program (Education Code sections 52120 and 52128) and the Class Size Reduction Facilities Funding Program (Education Code sections 17770 and 17777) either on the basis of its own applications and certifications, or through the applications and certifications of the school district in which it is located.

(b) No charter school that participates in the Class Size Reduction Program or the Class Size Reduction Facilities Funding Program based on its own applications and certifications shall be included in the applications or certifications of any school district.

Note: Authority cited: Sections 33031 and 52125(b), Education Code. Reference: Sections 47600-47625, Education Code.

15133. Apportionment of Funds for Class Size Reduction.

(a) The apportionment to each school district under Education Code Section 52126 shall be made by the State Superintendent of Public Instruction based upon the school district's application under Education Code Section 52123, but shall be adjusted to correct for overpayment or underpayment after the certification pursuant to Education Code Section 52124(d) is received from the school district.

(b) Regardless of the amount of the apportionment received under subdivision (a), based upon a school district's application under Education Code Section 52123, in no case shall the school district be permitted to retain funds for any class that did not actually meet all of the requirements of the Class Size Reduction Program.

(c) The reduced apportionment made to each school district pursuant to Education Code sections 52126 (c) (1)(B) and 52126(d)(1)(B) shall only be applicable if a student enrolling in the school district after February 16, 1998 causes a net increase in a school district's enrollment. If a net increase in the school district's enrollment does not occur, the school district shall be paid at the rate specified in Education Code Section 52126(a) or (b), as appropriate.

(d) The reduced apportionment made to each school district pursuant to Education Code sections 52126(c) (1)(A) and 52126(d)(1)(A) shall not be applicable if a teacher hired by the school district after November 1, 1997 is replacing a teacher who was previously hired for a new class pursuant to Education Code section 52122(d)(1) and (2), but who subsequently resigned from the school district or was placed on leave due to medical or other reasons. If a replacement teacher is hired under these circumstances, the school district shall be paid at the rate specified in Education Code sections 52126(a) or (b), as appropriate.

Note: Authority cited: Sections 33031 and 52125(b), Education Code. Reference: Sections 52122, 52123, 52124, and 52126, Education Code.

Questions: Rebecca Lee | relee@cde.ca.gov | 916-324-4533 
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