BILL NUMBER: SB 178 CHAPTERED 10/07/01 CHAPTER 573 FILED WITH SECRETARY OF STATE OCTOBER 7, 2001 APPROVED BY GOVERNOR OCTOBER 5, 2001 PASSED THE SENATE SEPTEMBER 6, 2001 PASSED THE ASSEMBLY AUGUST 30, 2001 AMENDED IN ASSEMBLY AUGUST 27, 2001 AMENDED IN ASSEMBLY JULY 23, 2001 AMENDED IN ASSEMBLY JUNE 11, 2001 AMENDED IN SENATE MAY 2, 2001 AMENDED IN SENATE MARCH 27, 2001 AMENDED IN SENATE MARCH 12, 2001 INTRODUCED BY Senator Costa FEBRUARY 6, 2001 An act to amend Sections 46200, 46200.5, 46201, 46201.5, and 46202 of, and to repeal and add Section 46206 of, the Education Code, relating to educational instruction and services. LEGISLATIVE COUNSEL'S DIGEST SB 178, Costa. Education: instructional time requirements. (1) Existing law requires the Superintendent of Public Instruction to apportion an amount pursuant to a prescribed formula to each school district or county office of education that certifies to the superintendent that it offers a minimum amount of instructional time, as specified, in certain fiscal years. Existing law also requires the superintendent to reduce the apportionment of a school district or county office of education pursuant to a prescribed formula if the school district or county office of education offers less than the required amount of instructional time. This bill would require the superintendent to make certain reductions based on current formulas only for specified fiscal years. The bill would require the superintendent to withhold from the revenue limit apportionment for the average daily attendance of each affected grade level an amount pursuant to a prescribed formula based upon each instructional day less than that required that the school district or county office of education offered, or the percentage of the minimum offered minutes at each grade level that the school district failed to offer. (2) Existing law requires the Superintendent of Public Instruction to reduce a school district's apportionment pursuant to a prescribed formula if the governing board of the district offers less instructional time than that fixed for the 1982-83 fiscal year. Existing law exempts the Loma Prieta Joint Union Elementary School District from these reduction provisions for certain kindergarten classes. This bill would delete those provisions. This bill would also deem the Ducor Union Elementary School District to have complied with the instructional time requirements for the 1997-98 fiscal year. (3) Existing law authorizes the State Board of Education to waive all or any portion of the fiscal penalties that may be levied for failing to maintain the prescribed minimum length of time for the instructional schoolday and year. This bill would delete these provisions and implement new waiver provisions. The bill would authorize the board to waive the fiscal penalties for a school district or county office of education that fails to maintain the prescribed minimum length of time for the instructional school year, minimum number of instructional days, or both, upon the condition that the school or schools in which the minutes, days, or both, were lost maintain minutes and days of instruction equal to those lost for twice the number of years that it failed to meet the requirements. The bill would authorize the board to grant a waiver without this condition to school districts that maintained certain kindergarten classes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 46200 of the Education Code is amended to read: 46200. (a) In the 1984-85 fiscal year, for each school district that 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 that 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. (b) For any school district that received an apportionment pursuant to subdivision (a) and that offered less than 180 days, or offered less than the number of days required in subdivision (a) for multitrack year-round schools, of instruction in the 1985-86 fiscal year to the 2000-01 fiscal year, inclusive, and that 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 or years 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) For any school district that received an apportionment pursuant to subdivision (a) and that offers less than 180 days of instruction or, in multitrack year-round schools, fewer than the number of days required in subdivision (a) for multitrack year-round schools, in the 2001-02 fiscal year, or any fiscal year thereafter, the Superintendent of Public Instruction shall withhold from the district's revenue limit apportionment for the average daily attendance of each affected grade level the sum of 0.0056 multiplied by that apportionment, for each day less than 180, or, in multitrack year-round schools, for each day less than the number of days required in subdivision (a) for year-round schools that the district offered. (d) For any school district that received an apportionment pursuant to subdivision (a) and that offered less than 180 days of instruction as required in subdivision (a) in the 1985-86 fiscal year, to either the end of the final year of the teacher bargaining unit contract in force in that district on January 1, 2002, inclusive, or, if no teacher bargaining unit contract was in force in that district on January 1, 2002, to the end of the 2001-02 fiscal year, inclusive, and that provided the minimum number of instructional minutes in subdivision (a) of Section 46201 during all of the period applicable to the district pursuant to this subdivision, subdivision (c) shall not apply until the first fiscal year following the end of the applicable period of years. SEC. 2. Section 46200.5 of the Education Code is amended to read: 46200.5. (a) In the 1985-86 fiscal year, for each county office of education that certifies to the Superintendent of Public Instruction that it offers 180 days or more of instruction per school year of special day classes pursuant to Section 56364 or Section 56364.2, as applicable, the Superintendent of Public Instruction shall determine an amount equal to seventy dollars ($70) per unit of current year second principal apportionment average daily attendance for special day classes. This computation shall be included in computations made by the superintendent pursuant to Chapter 7.2 (commencing with Section 56836) of Part 30. (b) For any county office of education that received an apportionment pursuant to subdivision (a) and that offered less than 180 days of instruction in the 1986-87 fiscal year, to the 2000-01 fiscal year, inclusive, and that 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 special education apportionment 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 1985-86 fiscal year. (c) For any county office of education that receives an apportionment pursuant to subdivision (a) and that offers less than 180 days of instruction in the 2001-02 fiscal year, or any fiscal year thereafter, the Superintendent of Public Instruction shall withhold from the county office of education's revenue limit apportionment for the average daily attendance of each affected grade level the sum of 0.0056 multiplied by that apportionment, for each day less than 180 that the county office of education offered. SEC. 3. Section 46201 of the Education Code is amended to read: 46201. (a) In each of the 1984-85, 1985-86, and 1986-87 fiscal years, for each school district that certifies to the Superintendent of Public Instruction that it offers at least the amount of instructional time specified in this subdivision at a grade level or levels, the Superintendent of Public Instruction shall determine an amount equal to twenty dollars ($20) per unit of current year second principal apportionment regular average daily attendance in kindergarten and grades 1 to 8, inclusive, and forty dollars ($40) per unit of current year second principal apportionment regular average daily attendance in grades 9 to 12, inclusive. This section shall not apply to adult average daily attendance, the average daily attendance for pupils attending summer schools, alternative schools, regional occupational centers and programs, continuation high schools, or opportunity schools, and the attendance of pupils while participating in community college or independent study programs. (1) In the 1984-85 fiscal year, for kindergarten and each of grades 1 to 12, inclusive, the sum of subparagraphs (A) and (B): (A) The number of instructional minutes offered at that grade level in the 1982-83 fiscal year. (B) One-third of the difference between the number of minutes specified for that grade level in paragraph (3) and the number of instructional minutes offered at that grade level in the 1982-83 fiscal year. (2) In the 1985-86 fiscal year, for kindergarten and each of grades 1 to 12, inclusive, the sum of subparagraphs (A) and (B): (A) The number of instructional minutes offered at that grade level in the 1982-83 fiscal year. (B) Two-thirds of the difference between the number of minutes specified for that grade level in paragraph (3) and the number of instructional minutes offered at that grade level in the 1982-83 fiscal year. (3) In the 1986-87 fiscal year: (A) Thirty-six thousand minutes in kindergarten. (B) Fifty thousand four hundred minutes in grades 1 to 3, inclusive. (C) Fifty-four thousand minutes in grades 4 to 8, inclusive. (D) Sixty-four thousand eight hundred minutes in grades 9 to 12, inclusive. (4) In any fiscal year, each school district that receives an apportionment pursuant to subdivision (a) for average daily attendance in grades 9 to 12, inclusive, shall offer a program of instruction that allows each student to receive at least 24 course years of instruction, or the equivalent, during grades 9 to 12, inclusive. (5) For any schoolsite at which programs are operated in more than one of the grade levels enumerated in subparagraph (B) or (C) of paragraph (3), the school district may calculate a weighted average of minutes for those grade levels at that schoolsite for purposes of making the certification authorized by this subdivision. (b) (1) If any of the amounts of instructional time specified in paragraph (3) of subdivision (a) is a lesser number of minutes for that grade level than actually provided by the district in the same grade in the 1982-83 fiscal year, the 1982-83 fiscal year number of minutes for that grade level, adjusted to comply with Section 46111, shall instead be the requirement for the purposes of paragraphs (1), (2), and (3) of subdivision (a). Commencing with the 1990-91 fiscal year, and each fiscal year through the 1995-96 fiscal year, any school district subject to this subdivision that does not maintain the number of instructional minutes for a particular grade level that the school district maintained for the 1982-83 fiscal year, adjusted to comply with Section 46111, shall not be subject to paragraphs (1) to (3), inclusive, of subdivision (c) if that school district maintains at least the minimum number of instructional minutes for each grade level set forth in paragraph (3) of subdivision (a) in the 1990-91 fiscal year and each fiscal year through the 1994-95 fiscal year or the 1995-96 fiscal year for districts whose instructional minutes were adjusted to comply with Section 46111, and thereafter returns to the number of instructional minutes maintained for each grade level in the 1982-83 fiscal year. (2) The Legislature finds and declares that the school districts to which paragraph (1) is applicable have not offered any less instructional time than is required of all other school districts and therefore should not be forced to pay any penalty. (c) (1) For any school district that receives an apportionment pursuant to subdivision (a) in the 1984-85 fiscal year and that reduces the amount of instructional time offered below the minimum amounts specified in paragraph (1) of subdivision (a) in the 1985-86 fiscal year or any fiscal year thereafter, up to and including the 2000-01 fiscal year, the Superintendent of Public Instruction shall reduce the base revenue limit per unit of average daily attendance for the fiscal year in which the reduction occurs by an amount attributable to the increase in the 1985-86 fiscal year base revenue limit per unit of average daily attendance pursuant to paragraph (4) of subdivision (b) of Section 42238, as adjusted in the 1985-86 fiscal year and fiscal years thereafter. (2) For each school district that receives an apportionment pursuant to subdivision (a) in the 1985-86 fiscal year and that reduces the amount of instructional time offered below the minimum amounts specified in paragraph (2) of subdivision (a) in the 1986-87 fiscal year or any fiscal year thereafter, up to and including the 2000-01 fiscal year, the Superintendent of Public Instruction shall reduce the base revenue limit per unit of average daily attendance for the fiscal year in which the reduction occurs by an amount attributable to the increase in the 1986-87 fiscal year base revenue limit per unit of average daily attendance pursuant to paragraph (4) of subdivision (b) of Section 42238, as adjusted in the 1986-87 fiscal year and fiscal years thereafter. (3) For each school district that receives an apportionment pursuant to subdivision (a) in the 1986-87 fiscal year and that reduces the amount of instructional time offered below the minimum amounts specified in paragraph (3) of subdivision (a) in the 1987-88 fiscal year or any fiscal year thereafter, up to and including the 2000-01 fiscal year, the Superintendent of Public Instruction shall reduce the base revenue limit per unit of average daily attendance for the fiscal year in which the reduction occurs by an amount attributable to the increase in the 1987-88 fiscal year base revenue limit per unit of average daily attendance pursuant to paragraph (4) of subdivision (b) of Section 42238, as adjusted in the 1987-88 fiscal year and fiscal years thereafter. (d) For each school district that receives an apportionment pursuant to subdivision (a) in the 1986-87 fiscal year and that reduces the amount of instructional time offered below the minimum amounts specified in paragraph (3) of subdivision (a) in the 2001-02 fiscal year, or any fiscal year thereafter, the Superintendent of Public Instruction shall withhold from the district's revenue limit apportionment for the average daily attendance of each affected grade level, the sum of that apportionment multiplied by the percentage of the minimum offered minutes at that grade level that the district failed to offer. SEC. 4. Section 46201.5 of the Education Code is amended to read: 46201.5. (a) In each of the 1985-86 and 1986-87 fiscal years, for each county office of education that certifies to the Superintendent of Public Instruction that, for special day classes pursuant to Section 56364 or Section 56364.2, as applicable, it offers at least the amount of instructional time specified in this subdivision, the Superintendent of Public Instruction shall determine an amount equal to eighty dollars ($80) in the 1985-86 fiscal year and forty dollars ($40) in the 1986-87 fiscal year per unit of current year second principal apportionment average daily attendance for special day classes in kindergarten and grades 1 to 8, inclusive, and one hundred sixty dollars ($160) in the 1985-86 fiscal year and eighty dollars ($80) in the 1986-87 fiscal year per unit of current year second principal apportionment average daily attendance for special day classes in grades 9 to 12, inclusive. This computation shall be included in computations made by the superintendent pursuant to Article 2 (commencing with Section 56836.06) of Chapter 7.2 of Part 30. (1) In the 1985-86 fiscal year: (A) 34,500 minutes in kindergarten. (B) 47,016 minutes in grades 1 to 3, inclusive. (C) 50,000 minutes in grades 4 to 8, inclusive. (D) 57,200 minutes in grades 9 to 12, inclusive. (2) In the 1986-87 fiscal year: (A) 36,000 minutes in kindergarten. (B) 50,400 minutes in grades 1 to 3, inclusive. (C) 54,000 minutes in grades 4 to 8, inclusive. (D) 64,800 minutes in grades 9 to 12, inclusive. (b) Each county office of education that receives an apportionment pursuant to subdivision (a) in a fiscal year shall, in the subsequent fiscal year, add the amount received per pupil to the county office's base special education apportionment. (c) For each county office of education that receives an apportionment pursuant to subdivision (a) in the 1985-86 fiscal year, and that reduces the amount of instructional time offered below the minimum amounts specified in paragraph (1) of subdivision (a) in the 1986-87 fiscal year, or any fiscal year thereafter, up to and including the 2000-01 fiscal year, the Superintendent of Public Instruction shall reduce the special education apportionment for the fiscal year in which the reduction occurs by an amount attributable to the increase in the 1986-87 fiscal year special education apportionment pursuant to subdivision (b), as adjusted in the 1986-87 fiscal year and fiscal years thereafter. (d) For each county office of education that receives an apportionment pursuant to subdivision (a) in the 1986-87 fiscal year and that reduces the amount of instructional time offered below the minimum amounts specified in paragraph (2) of subdivision (a) in the 1987-88 fiscal year, or any fiscal year thereafter, up to and including the 2000-01 fiscal year, the superintendent shall reduce the special education apportionment for the fiscal year in which the reduction occurs by an amount attributable to the increase in the 1987-88 fiscal year special education apportionment pursuant to subdivision (b), as adjusted in the 1987-88 fiscal year and fiscal years thereafter. (e) For each county office of education that receives an apportionment pursuant to subdivision (a) in the 1986-87 fiscal year and that reduces the amount of instructional time offered below the minimum amounts specified in paragraph (2) of subdivision (a) in the 2001-02 fiscal year, or any fiscal year thereafter, the Superintendent of Public Instruction shall withhold from the special education apportionment for the average daily attendance of each affected grade level, the sum of that apportionment multiplied by the percentage of the minimum offered minutes at that grade level that the county office of education failed to offer. SEC. 5. Section 46202 of the Education Code is amended to read: 46202. (a) Except as otherwise provided in this section, in any fiscal year, if the governing board of a school district offers less instructional time than the amount of instructional time fixed for the 1982-83 fiscal year, the Superintendent of Public Instruction shall withhold, for that fiscal year, from the district's revenue limit apportionment for the average daily attendance of each affected grade level, the sum of that apportionment multiplied by the percentage of instructional minutes fixed in the 1982-83 school year, at that grade level, that the district failed to offer. (b) The Glendora Unified School District shall reinstate the sixth period, which shall be equivalent to at least 50 minutes of instruction, effective the start of the second semester of the 1983-84 fiscal year. SEC. 6. Section 46206 of the Education Code is repealed. SEC. 7. Section 46206 is added to the Education Code, to read: 46206. (a) The State Board of Education may waive the fiscal penalties set forth in this article for a school district or county office of education that fails to maintain the prescribed minimum length of time for the instructional school year, minimum number of instructional days for the school year, or both. (b) A waiver shall only be granted pursuant to subdivision (a) upon the condition that the school or schools in which the minutes, days, or both, were lost, maintain minutes and days of instruction equal to those lost and in addition to the amount otherwise prescribed in this article for twice the number of years that it failed to maintain the prescribed minimum length of time for the instructional school year, minimum number of instructional days for the school year following the year, or both, commencing not later than the year in which the waiver was granted and continuing for each succeeding school year until the condition is satisfied. Compliance with the condition shall be specifically verified in the report of the annual audit of the school district or county office of education for each year in which the additional time is to be maintained. If an audit report for a year in which the additional time is to be maintained does not verify that the time was provided, that finding shall be addressed as set forth in Section 41344. (c) It is the intent of the Legislature that school districts and county offices of education make every effort to make up any instructional days and minutes lost during the school year in which the loss occurred, rather than seeking a waiver pursuant to the provisions of this section. (d) The State Board of Education may grant a waiver pursuant to subdivision (a) without the condition provided in subdivision (b) to any school district that maintained a single session kindergarten class in the 1982-83 school year for more than the maximum number of 240 minutes permitted by state law and that, due to the school district's growth and facilities limitations, is required to operate two sessions of kindergarten per day in the same classroom. SEC. 8. Notwithstanding any other provision of law, the Ducor Union Elementary School district is deemed to have complied with the provisions of Sections 46201 and 46202 of the Education Code for the 1997-98 fiscal year.