BILL NUMBER: AB 2942	CHAPTERED  09/15/04

	CHAPTER  537
	FILED WITH SECRETARY OF STATE  SEPTEMBER 15, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 15, 2004
	PASSED THE SENATE  AUGUST 25, 2004
	PASSED THE ASSEMBLY  MAY 24, 2004

INTRODUCED BY   Assembly Member Reyes

                        FEBRUARY 20, 2004

   An act to amend 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 2942, Reyes.  Supplemental Instruction:  Fresno Unified School
District.
   Existing law, authorizes 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.  Existing law requires 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.  Existing law makes these
provisions inoperative on July 1, 2004, and repealed as of January 1,
2005.
   This bill would instead make those provisions inoperative on July
1, 2006, and repealed on January 1, 2007.
   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 of the Education Code is amended 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 not to include their child in 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,  2006, and,
as of January 1,  2007, is repealed, unless a later enacted statute,
that becomes effective on or before January 1,  2007, 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 2004-05 and 2005-06 school year without
interruption, it is necessary that this act take effect immediately.