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.
