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Education Code Pertinent to Year-Round Education


A. Establishing a Year-Round Program

37610. Establishment and operation.

The governing board of any school district may, after notification to the Superintendent of Public Instruction, establish and operate in one or more of the schools within the district, a continuous school program pursuant to the provisions of this chapter.

37611. Public Notice.

Whenever the governing board of any school district, pursuant to Section 37610, determines to operate one or more schools of the district on a continuous school program in such a manner as to require any pupil to enroll in a continuous school program, it shall publish, not later than November 1st of the school year preceding the commencement of such a program, its intention to operate a continuous school program in such a manner as to require any pupil to enroll in a continuous school program in a newspaper of general circulation within the district, or if there is no such newspaper, then in any newspaper of general circulation that is regularly circulated in the district.

Publication of notice pursuant to this section shall be once each week for three successive weeks. Three publications in a newspaper regularly published once a week or oftener, with at least five days intervening between the respective publication dates not counting such publication dates, are sufficient.

37612. Petition; determination to call election.

If after notice of intention has been given to establish and operate a continuous school program in a manner so as to require any pupil to enroll in a continuous school program has been given, a petition signed by 25 percent of the voters of the district may be presented to the county superintendent of schools requesting that the school district not establish such a program. This petition shall be presented no later than December 10th of the year in which the notice is given.

The county superintendent of schools shall examine the petition and, if he or she finds it to be sufficient and signed as required by law, order a ballot proposition, as provided by Section 37614, to be placed upon the ballot of the appropriate election as provided in Section 37613.

The governing board of the school district may request that an election be called and conducted irrespective of whether or not a petition is presented.

37613. Election.

An election ordered or requested to be held pursuant to Section 37612 may be consolidated with the next districtwide election held 80 or more days after the order or request for an election is made or the county superintendent of schools may order a special election to be held at least 80 days after the election is ordered or requested.

37614. Form of ballot; election results.
  1. The ballot proposition used in an election called pursuant to Section 37613 shall contain the words "For the continuous school program of the (name of district) District to be operated in such a manner as to require any pupil to enroll in a continuous school program" followed by the words "Yes" and "No" so placed that the voter may clearly indicate his choice.
  2. If a majority of those voting for the ballot proposition, as provided by subdivision (a), at the election vote "yes" then the school district shall be permitted to commence the continuous school program so designated on the ballot and to continue operating any such program in the district until all such programs are terminated.
  3. If a majority of those voting for the ballot proposition, as provided by subdivision (a), at the election vote "no" then the school district shall not be permitted to commence with the continuous school program so designated on the ballot.
37615. Required time lapse between program proposals.

If a continuous school program operated in such a manner as to require any pupil to enroll in the program is terminated by the governing board or prohibited pursuant to subdivision (c) of Section 37614, the governing board shall not determine to operate one or more schools of the district on a continuous school program in such a manner as to require any pupil to enroll in a continuous school program for at least two years following termination or election.

37616. Consultation.

Prior to implementing a continuous school program in any school of the district, the school district governing board shall consult in good faith in an effort to reach agreement with the certificated and classified employees of the school, with the parents of pupils who would be affected by the change, and with the community at large. Such consultation shall include at least one public hearing for which the board has given adequate notice to the employees and to the parents of pupils affected.

In school districts where a continuous school program is implemented in fewer than all of the schools maintained by the school district, the governing board of such a school district shall make every reasonable effort to assign certificated employees who prefer the regular school schedule to schools of the same level retaining the regular school schedule.

37617. Grouping of students.

The governing board of any school district operating pursuant to the provisions of this chapter shall divide the students of each selected school into as many groups as necessary to adequately accommodate a continuous school program so established and conducted. Students of the same family shall be placed in the same group unless one or more of such students is enrolled in a special education class or unless the parent or guardian of such students requests that the students be placed in different groups.

37618. School calendar; rotating shifts.

The governing board of any school district operating pursuant to the provisions of this chapter shall establish a school calendar whereby the teaching sessions and vacation period during the school year are on a rotating basis.

37619. Holidays.

Each selected school shall be closed for all students and employees on regular school holidays specified in Section 52720, Article 3 (commencing with Section 37220) of Chapter 2 of this part.

37620. Sessions and vacations.

The teaching sessions and vacation periods established pursuant to Section 37618 shall be established without reference to the school year as defined in Section 37200. The schools and classes shall be conducted for a total of no fewer than 175 days during the academic year. (See Section 37670)

37630. Compulsory full-time education; enrollment and attendance.

The provisions of Article 1 (commencing with Section 48200), Article 3 (commencing with Section 48220) to Article 6 (commencing with Section 48290) of Chapter 2 of Part 27 of Division 4 of this title, and all other laws, relating to compulsory full-time education and the enrollment and attendance of pupils in the kindergarten, elementary, and secondary grades shall be applicable with respect to the regular schooldays prescribed for the entire academic year established for the school at which a program pursuant to this chapter is conducted, and to the attendance area established for such school.

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37631. Courses of instruction.

The courses of instruction offered at a school maintained pursuant to this chapter shall meet all applicable requirements of law, including the requirements prescribed by or pursuant to sections 51550, 51551, and 51820, and Chapter 2 (commencing with Section 51200) of Part 28 of Division 4 of this title relating to physical education. For such purposes the instructional program shall be designed to provide at least the overall equivalent in instruction in each course of study required by law to be provided in kindergarten and grades 1 to 12, inclusive, upon a pupil's completion of the work prescribed for any particular grade.

37632. Salary schedule.

The governing board of any school district operating the continuous school program pursuant to this chapter shall prescribe a separate salary schedule for the certificated employees of the district who are employed at any school maintaining the continuous school program pursuant to this chapter, and who, because of such employment, will be engaged in rendering services for the district for a greater number of total days during the academic year than would be the case for a regular academic year.

37640. Support from state school fund.

Each school district maintaining a continuous school program in any school within the district pursuant to this chapter shall be entitled to receive the same support, but not more support, from the State School Fund due to the average daily attendance at such school that it would have received if the school had been operating under the provisions of law relating to the regular school year, including summer school.

37641. Procedure for computation of allowances, apportionments, and disbursements.

The Superintendent of Public Instruction shall prescribe an appropriate procedure for the computation of allowances, apportionments and disbursements from the State School Fund which are to be made to any school district maintaining a continuous school program pursuant to this chapter for any one or more of the purposes specified in Sections 41300 and 41301 for the average daily attendance at any school operating such a program.

37642. Eligibility for allowances, disbursements, and apportionments.

The allowances, disbursements, and apportionments under this article shall be made with respect to any school district maintaining a continuous school program pursuant to this chapter in accordance with the provisions of law relating to such allowances, disbursements, and apportionments, to the extent possible.

37643. Disbursements; maximum amount.

The Superintendent of Public Instruction may provide for the actual disbursement of the apportionments to the school district maintaining the continuous school program pursuant to this chapter at times other than as specified in Article 3 (commencing with Section 41330) of Chapter 3 of Part 24 of this division. In no event, however, shall the school district receive apportionments in a total amount in excess of the amount determined pursuant to this article.

B. Year-Round Scheduling

37202. Equality of length of term; exceptions.

Except where a school has been closed by order of a city or a county board of health, or of the State Board of Health, on account of contagious disease, or where the school has been closed on account of fire, flood or other public disaster, the governing board of any school district shall maintain all of the elementary day schools established by it for an equal length of time during the school year, all of the day high schools established by it for an equal length of time during the school year.

37223. Weekend classes; application.
  1. The governing board of any elementary, high school, or unified school district or any county superintendent of schools may maintain classes on Saturday or Sunday, or both.

    The classes may include, but are not limited to, continuation classes, special day classes for mentally gifted minors, makeup classes for unexcused absences occurring during the week, and the programs for a regional occupational center or regional occupational program.
  2. Except as otherwise provided in this code, the attendance of any pupil in a class or program held on a Saturday or Sunday shall not result in the crediting of more than five days of attendance for the pupil per week.

 

37670. Program of school district; approval of application; conditions; work time of certificated employees; eligibility for apportionment from state school fund.
  1. Notwithstanding any other provision of law, any school district may operate a program of multitrack year-round scheduling at one or more schools within the district for as few as 163 days in each fiscal year, so long as the number of annual instructional minutes is not less than that of schools of the same grade levels utilizing the traditional school calendar.
  2. All certificated employees under this program, except those serving under an administrative or supervisorial credential and who are assigned full time to a school in positions requiring qualifications for certification, shall work the same number of days and shall increase the number of minutes worked daily on a uniform basis.
  3. A program conducted pursuant to this section shall be eligible for apportionment from the State School Fund.
37671. Exemptions.

Schools in programs conducted pursuant to Section 37670 shall be exempted from the requirements of Section 37202.

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37672. Credit for attendance; calculation of average daily attendance.
  1. No pupil participating in programs as described in Section 37670 shall be credited with more than one day of attendance in any calendar day, except as permitted in Section 46140. Average daily attendance generated in the regular elementary, junior high, and high schools operated under Section 37670 shall be calculated as prescribed in subdivision (a) of Section 41601.
  2. Notwithstanding Section 37640, subdivision (a) of Section 41601, and any other provision of law, the number of days taught in one or more late entry makeup classes in which a pupil in a program of year-round scheduling is enrolled shall be disregarded, at the option of a school district, in calculating the number of days taught in the calculation of average daily attendance of that district for any school year, if the pupil entered the program of year-round scheduling after September 1 of that school year and the track in which the pupil is enrolled began instruction in July or August of that school year. For purposes of this subdivision, "late entry make-up class" is a class in which a pupil in a program of year-round scheduling is enrolled in order to compensate for the pupil's late enrollment in that program. The number of days taught that are disregarded under this subdivision shall not exceed the number of schooldays occurring in the school year prior to September 1 in the track in which the pupil is enrolled, reduced by the number of schooldays, if any, occurring in a program operating under the traditional school calendar in which the pupil was enrolled in that school district in the same school year prior to the date upon which the pupil is first enrolled in the program of year-round scheduling.
  3. This subdivision shall only apply to school districts with an average daily attendance of 100,001 or more pupils that have installed an individual pupil tracking system and maintain schools on both the traditional calendar and on year-round calendars. For the 1993-94 and 1994-95 fiscal years, if a pupil transfers to another school within the district, other than a transfer initiated by the district, the pupil's average daily attendance shall be calculated independently for each school in which the pupil was enrolled. For the 1993-94 fiscal year as recertified at the time of the first principal apportionment in February 1995 and for the 1994-95 fiscal year, in no event may any transferring pupil generate more than 0.98 unit of average daily attendance for the district in any one school year under this subdivision. In no event shall this subdivision be construed to authorize any nontransferring pupil to generate more than one unit of average daily attendance for any school year.
46200. Base revenue limits per unit of average daily attendance; apportionment; additions and reductions.
  1. In the 1984-85 fiscal year, for each school district which certifies to the Superintendent of Public Instruction that it offers 180 days or more of instruction per school year, the Superintendent of Public Instruction shall apportion thirty-five dollars ($35) per unit of average daily attendance, exclusive of adult average daily attendance, the average daily attendance of pupils while participating in regional occupation centers or programs, and average daily attendance for pupils attending summer-school. A year-round school shall be deemed to be in compliance with the 180-day requirement if it certifies to the Superintendent of Public Instruction that it is a year-round school and maintains its school for five more days, or the equivalent thereof, than maintained in the 1982-83 fiscal year not to exceed 180 days. Each school district which received an apportionment pursuant to this subdivision in the 1984-85 fiscal year shall add thirty-five dollars ($35) to the district's base revenue limit per unit of average daily attendance for the 1985-86 fiscal year.
  2. For any school district which received an apportionment pursuant to subdivision (a) and which offers less than 180 days of instruction in the 1985-86 fiscal year or any fiscal year thereafter, and which does not provide the minimum number of instructional minutes specified in subdivision (a) of Section 46201 for that fiscal year, the Superintendent of Public Instruction shall reduce the base revenue limit per unit of average daily attendance for that fiscal year by an amount attributable to the increase received pursuant to subdivision (a), as adjusted in fiscal years subsequent to the 1984-85 fiscal year.

 

C. Intersession Funding

Funding for intersessions for year-round education programs is the same as funding for summer school for traditional nine-month calendars. Summer school funds can be used throughout the twelve months in year-round programs, subject to the same regulations as those which govern the conventional calendar. The summer school related Education Code Section 42239 should be consulted before implementing intersessions.

42239.5. Saturday school programs; summer school apportionments; conditions; inability to attend for religious reasons; program advisory; duration of section.
  1. For the 1989-90 fiscal year and each fiscal year thereafter, average daily attendance generated by elementary and secondary school pupils in voluntary Saturday school programs shall be eligible for summer school apportionments calculated pursuant to Section 42239 if those programs meet the following conditions:
    1. The instruction is in core academic areas specified in paragraph (2) of subdivision (d) of Section 42239, or as specified for summer school in Section 37252 and subdivision (a) of Section 37253, or in a course that provides credit toward high school graduation.
    2. The instruction is provided on Saturday and does not exceed 180 minutes.
    3. The average pupil/teacher ratio does not exceed 20.1.
    4. Attendance by the pupils is not required by the participating schools and districts.
  2. Any minor pupil whose parent or guardian informs the school district that the pupil is unable to attend a Saturday school program established pursuant to this section for religious reasons, or any pupil 18 years of age or older who states that he or she is unable to attend a Saturday school program established pursuant to this section for religious reasons, shall be given priority over pupils who have attended the Saturday school program for enrollment in the regular summer school program if he or she chooses to enroll in the regular summer school program.
  3. Participating districts shall encourage the participation of elementary and secondary schools within low academic performance.
  4. The Superintendent of Public Instruction shall develop and distribute a program advisory to school districts on this program option.
42239.6. Pupils in voluntary after-school programs; summer school apportionments; conditions.
  1. Elementary and secondary school pupils in voluntary after-school programs in multitrack year-round schools shall be eligible for summer school apportionments calculated pursuant to Section 42239 if those programs meet the following conditions:
    1. The instruction supplements the regular instructional program in the core academic area specified in paragraph (2) of the subdivision (d) of Section 42239.
    2. The instruction is provided after the end of the full schoolday offered for the purposes of incentive funding pursuant to Article 8 (commencing with Section 42600) of Chapter 2 of Part 26, and does not exceed 120 minutes.
    3. Attendance is not required by the participating schools and districts.
  2. Participating school districts shall encourage participation of elementary and secondary schools with low academic performance.

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D. Year-Round Facilities

17017.6. Substantial enrollment; application to high school districts.

Notwithstanding Section 17017.7, the definition of "substantial enrollment" set forth in that section shall apply only to elementary and unified school districts. For a high school district, "substantial enrollment in multitrack year-round schools," for the purposes of Section 17017.7, means that at least 30 percent of the pupils enrolled in the high school district are enrolled in multitrack year-round schools, or that 40 percent of the pupils enrolled in public school in kindergarten and grades 1 to 12, inclusive, within the boundaries of the high school attendance area for which the school district is applying for new facilities are enrolled in multitrack year-round schools. In addition, a high school district shall be deemed to have a substantial enrollment in multitrack year-round schools for purposes of Section 17017.7 if, at the option of the district, the entire high school to be constructed is to operate on a multitrack year-round basis.

 

17017.7. Project funding for new construction; priority for approval.
  1. Notwithstanding any other provision of this chapter, priority for the approval of project funding for new construction under this chapter, shall be as follows:
    1. First priority for construction funds shall be given to school districts with a substantial enrollment in multitrack year-round schools requesting state funding for 50 percent of the cost of a project that would be constructed to operate on a multitrack year-round basis.

NOTE: The requirement to construct multitrack year-round schools has been eliminated pursuant to Title 2 of the California Administrative Code Section 1859.35.

  1. The board shall not restrict the availability of funding for construction of multitrack year-round schools, from any funding source available to the State School Building Lease-Purchase Fund, but shall make approval of project funding for those projects the first priority in accordance with this section.
  2. "Substantial enrollment," for the purposes of this section, means enrollment of at least 30 percent of district pupils in kindergarten and grades 1 to 6, inclusive, or 40 percent of pupils in kindergarten and grades 1 to 12, inclusive, in the high school attendance area for which the school district is applying for new facilities. The calculation set forth in this subdivision, as to a self-certifying district, shall be made by the district, in accordance with any standards governing that calculation that are adopted by the board. The calculation shall be certified by the district to the board and used by the board for the purposes of this section. The self-certifying district shall maintain documentation of the calculation as may be required by the board, and the calculation shall be subject to subsequent audit as the board may direct. If a self-certifying district is found by the board to have materially misrepresented its pupil enrollment pursuant to this subdivision, the board may impose either or both of the penalties set forth in paragraphs (1) and (2) of subdivision (b) of Section 17041.2, in accordance with that section.
  3. "Multitrack year-round school," for purposes of this section, means a school for which the applicant district demonstrates that both of the following criteria are satisfied:
    1. The pupils are divided into three or more groups of tracks, which rotate attendance so that, for a majority of schooldays during the school year, at least one group or track is not attending the school while all other groups or tracks are in attendance.
    2. The operation of the school on a multitrack year-round basis has resulted in an increase in enrollment capacity.
17071.33. Adjustments to calculations.

For the purposes of determining existing school building capacity, the calculation shall be adjusted as required for first priority status pursuant to Section 17017.7 as that calculation would have been made under the policies of the board in effect immediately preceding September 1, 1998.

17071.35. Increase in maximum school building capacity.

Notwithstanding any other provisions of law, the maximum school building capacity for each applicant district shall be increased by the number of pupils reported by the Superintendent of Public Instruction for that grade level pursuant to Section 42268. This adjustment shall be calculated on the basis, at the district's option, of either the district as a whole or the appropriate attendance area.

17071.40. Multitrack, year-round schools; exemption.

Each school on a year-round, multitrack calendar that has a density of 200 or more pupils enrolled per acre, that is located in a school district with 40 percent of its pupils attending multitrack, year-round schools shall be exempted from the increase in school building capacity required by Section 17017.35. Nothing in this section shall be construed as exempting the school from the requirements of Section 17071.33.

17071.75(e). Ongoing eligibility for new construction funding; calculations.

Apply the increase or decrease resulting from the differences between the most recent report made pursuant to Section 42266 and the report used in determining the school district's baseline capacity pursuant to subdivision (a) of Section 17071.25.

17088.3. Qualifications for lease; submission of year-round multitrack educational program study; emergency or urgency approval; uninhabitable facilities.
  1. No school district shall qualify for the lease under this chapter, after January 1, 1990, if one or more portable classrooms except upon submitting a study examining the feasibility of implementing in the district a year-round multitrack educational program that is designed to increase pupil capacity in the district by at least 20 percent.
  2. Emergency or urgency conditions within a school district shall constitute grounds for approval by the board, pending submission of the report.
  3. Subdivision (a) does not apply to facilities that are designated as uninhabitable after July 1, 1989, due to fire or other health or safety conditions.
  4. Subdivision (a) does not apply to a school district for leases or subleases under this chapter for the purpose of providing facilities, pursuant to subdivision (c) of Section 17091, for licensed child day care programs or recreation or enrichment activities or programs for schoolage children.

  1. The State Allocation Board provided a new cost savings per pupil figure of $1,283 and directed the Office of Public School Construction to present the report to the Legislature on November 18, 1998.

 

Questions:   Fred Yeager | fyeager@cde.ca.gov | 916-327-7148
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