BILL NUMBER: AB 1227	CHAPTERED  09/27/02

	CHAPTER  942
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2002
	PASSED THE ASSEMBLY  AUGUST 30, 2002
	PASSED THE SENATE  AUGUST 26, 2002
	AMENDED IN SENATE  AUGUST 21, 2002
	AMENDED IN SENATE  JUNE 24, 2002
	AMENDED IN SENATE  AUGUST 29, 2001
	AMENDED IN SENATE  JULY 17, 2001
	AMENDED IN ASSEMBLY  APRIL 17, 2001
	AMENDED IN ASSEMBLY  MARCH 28, 2001

INTRODUCED BY   Assembly Member Canciamilla

                        FEBRUARY 23, 2001

   An act to amend Section 46206 of the Education Code, relating to
instructional time.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1227, Canciamilla.   Minimum instructional time:  penalty
waiver.
   Existing law authorizes the State Board of Education 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 those requirements, commencing not later than the
year in which the waiver is granted.
   This bill would authorize a waiver to be granted for fiscal
penalties incurred as a result of a shortfall on instructional time
in the 2000-01 fiscal year or thereafter only if the makeup minutes
or days, or both, are commenced not later than the school year
following the year in which the waiver is granted.


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


  SECTION 1.  Section 46206 of the Education Code is amended 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) For fiscal penalties incurred as a result of a shortfall on
instructional time in the 2000-01 fiscal year or thereafter, a waiver
may 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 school year
following 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.