BILL NUMBER: AB 1285	CHAPTERED  06/21/02

	CHAPTER  59
	FILED WITH SECRETARY OF STATE  JUNE 21, 2002
	APPROVED BY GOVERNOR  JUNE 20, 2002
	PASSED THE ASSEMBLY  JUNE 6, 2002
	PASSED THE SENATE  MAY 29, 2002
	AMENDED IN SENATE  FEBRUARY 4, 2002
	AMENDED IN ASSEMBLY  MAY 31, 2001

INTRODUCED BY   Assembly Member Reyes

                        FEBRUARY 23, 2001

   An act to add and repeal Section 37252.1 of the Education Code,
relating to pupil instruction, and declaring the urgency thereof, to
take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1285, Reyes.  Supplemental Instruction:  Fresno Unified School
District.
   Existing law requires the governing board of each district
maintaining any or all of grades 7 to 12, inclusive, to offer
supplemental instructional programs for pupils enrolled in grades 7
to 12, inclusive, who do not demonstrate sufficient progress toward
passing the exit examination required for high school graduation.
Existing law authorizes these supplemental instructional programs to
be offered during the summer, before school, after school, on
Saturday, or during intersession, or in any combination of summer,
before school, after school, Saturday, or intersession instruction,
but requires that they be in addition to the regular schoolday.
Existing law prohibits the waiver of these provisions.
   This bill would, notwithstanding existing law, authorize the State
Board of Education to grant a waiver request from the Fresno Unified
School District to allow that school district to use supplemental
instructional program funds to offer to pupils enrolled at the Cooper
Middle School an instructional day that is 60 minutes longer than at
other middle schools in the district in order to provide more
instruction in language arts and mathematics.  The bill would require
the Superintendent of Public Instruction to conduct an evaluation of
this alternative use of supplemental instruction funds and submit an
evaluative report to the Legislature by December 31, 2004.  These
provisions would become inoperative on July 1, 2004, and would be
repealed as of January 1, 2005.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 37252.1 is added to the Education Code, to
read:
   37252.1.  (a) (1) (A) Notwithstanding subdivision (g) of Section
37252, the State Board of Education may grant a request from the
Fresno Unified School District that Section 37252 be waived to allow
that district to receive and use funds made available pursuant to
Section 37252 to offer to pupils enrolled at the Cooper Middle School
whose performance on the English language arts and mathematics parts
of the California Standards Tests is at the below basic or far below
basic levels, as those terms are defined by the State Board of
Education, an instructional day that is 60 minutes longer than at
other middle schools in the district instead of offering at the
Cooper Middle School the supplemental instructional programs required
pursuant to Section 37252.  If the State Board of Education grants
the waiver request, the longer instructional day shall be used to
provide more instruction in language arts and mathematics.
   (B) The additional 60 minutes of instruction shall supplement and
not supplant regularly scheduled courses in reading and mathematics.

   (C) The Fresno Unified School District shall separately account
for, and maintain separate records of, pupil attendance at the
additional 60 minutes of instruction.
   (2) The Fresno Unified School District may also offer pupils
enrolled at the Cooper Middle School whose performance on the English
language arts and mathematics parts of the California Standards
Tests is at a level better than the below basic or far below basic
levels, as those terms are defined by the State Board of Education,
an instructional day that is 60 minutes longer than at other middle
schools in the district.  The district may not use funds made
available pursuant to Section 37252 to offer these pupils a longer
instructional day.
   (3) Before implementing a longer instructional day pursuant to
this section, the Fresno Unified School District shall notify the
parents and guardians of pupils enrolled in the Cooper Middle School
that they may elect to not include their child out of the
instructional program offered at the Cooper Middle School and have
their child placed in a regular program at another middle school
maintained by the district.
   (b) The Superintendent of Public Instruction shall conduct an
evaluation of this alternative use of supplemental instruction funds
and submit an evaluative report to the Legislature by December 31,
2004.
   (c) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed, unless a later enacted statute,
that becomes effective on or before January 1, 2005, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 2.  The Legislature finds and declares that due to special
circumstances surrounding the Fresno Unified School District that a
general statute cannot be made applicable within the meaning of
Section 16 of Article IV of the California Constitution, and the
enactment of a special statute is therefore necessary.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order for the Cooper Intervention Program to continue to be
funded through the 2003-04 school year without interruption, it is
necessary that this act take effect immediately.