BILL NUMBER: AB 163 CHAPTERED 10/11/03 CHAPTER 755 FILED WITH SECRETARY OF STATE OCTOBER 11, 2003 APPROVED BY GOVERNOR OCTOBER 10, 2003 PASSED THE ASSEMBLY SEPTEMBER 11, 2003 PASSED THE SENATE SEPTEMBER 9, 2003 AMENDED IN SENATE SEPTEMBER 8, 2003 AMENDED IN ASSEMBLY MARCH 13, 2003 INTRODUCED BY Assembly Member Nation (Principal coauthor: Assembly Member Wolk) (Coauthors: Senators Chesbro and Machado) JANUARY 22, 2003 An act to amend Section 33143 of, and to add and repeal Section 52086.5 of, the Education Code, relating to public education. LEGISLATIVE COUNSEL'S DIGEST AB 163, Nation. Public education. (1) Existing law requires the Governor, with the recommendation of the Superintendent of Public Instruction, to appoint 3 deputy and 3 assistant superintendents of public instruction who are exempt from civil service. This bill would increase those appointments to 5 deputy and 5 associate superintendents of public instruction. (2) Existing law requires a school district's application to implement a program to reduce class size in two courses in grade 9 to comprise certain elements including, among others, that the grade 9 course or the 2 grade 9 courses included in the program count toward completion of specified graduation requirements and that reduced size classes on the average have no more than 20 pupils per certificated teacher and no more than 22 pupils in any participating class. Existing law, except as otherwise provided, authorizes any school district that maintains grade 9 to apply to the Superintendent of Public Instruction for an apportionment to implement that program. This bill would authorize the Tamalpais Union High School District, on a pilot project basis, to reduce class size in grade 9 to a maximum of 25 pupils per certificated teacher in each of the 4 core subject areas of English, mathematics, science, and social sciences, subject to an agreement with the certificated staff exclusive representative for collective bargaining. This bill would declare the pilot project to be inoperative on and after July 1, 2006, and repealed as of January 1, 2007. The bill would declare that, due to the unique situation of the Tamalpais Union High School District, 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. (3) 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 minimum length of time for the instructional school year, minimum number of instructional days for the school year, or both. This bill would provide that for purposes of calculating instructional days and minutes in the 2001-02 fiscal year for schools operating on a single track year-round calendar, the Fairfield-Suisun Unified School District's 2001-02 school year is deemed to have commenced on September 4, 2001, and to have concluded on July 24, 2002. This bill would make a legislative finding and declaration that due to the unique circumstances surrounding the Fairfield-Suisun Unified School District, a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 33143 of the Education Code is amended to read: 33143. (a) In addition to the positions authorized by Section 2.1 of Article IX of the California Constitution, the Governor, with the recommendation of the Superintendent of Public Instruction, shall appoint five deputy superintendents of public instruction and five associate superintendents of public instruction who shall be exempt from state civil service. (b) Appointments to these exempt positions shall not result in any net increase in the expenditures of the State Department of Education. SEC. 2. Section 52086.5 is added to the Education Code, to read: 52086.5. (a) Notwithstanding any other provision of law, as an alternative to a class size reduction program that reduces class size in grade 9 to an average of 20 pupils in two classes as set forth in this article, the Tamalpais Union High School District may, on a pilot project basis, implement a class size reduction program to reduce class size in grade 9 to a maximum of 25 pupils per certificated teacher in each of the four core subject areas of English, mathematics, science, and social sciences, subject to an agreement with the exclusive representative for collective bargaining of the certificated employees. (b) All of the provisions of this article apply to the alternative program, except that English, mathematics, science, and social science classes shall be reduced in grade 9 to a maximum of 25 pupils rather than an average of 20 pupils. The increase to a maximum of 25 pupils per certificated teacher in each of the four subject areas in grade 9 may not result in funding exceeding two times the grade 9 enrollment of the participating school. (c) A school participating in the pilot project shall have attained a score of over 800 on the Academic Performance Index (API) in the 2000-01 testing year. (d) The school district shall provide an annual evaluation report to the State Board of Education on the effects on pupil achievement of incorporating the four core subject areas into a smaller learning community with a maximum class size of 25 pupils per certificated teacher. (e) This section is inoperative on and after July 1, 2006, and as of January 1, 2007, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2007, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Tamalpais Union High School District. The facts constituting the special circumstances are the district's smaller learning communities and their unique staffing and pupil distribution needs. SEC. 4. Notwithstanding any other provision of law, for purposes of calculating instructional days and minutes in the 2001-02 fiscal year for schools operating on a single track year-round calendar, the Fairfield-Suisun Unified School District's 2001-02 school year is deemed to have commenced on September 4, 2001, and to have concluded on July 24, 2002. SEC. 5. The Legislature finds and declares that due to the unique circumstances surrounding the Fairfield-Suisun Unified School District, a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.