BILL NUMBER: AB 1889 CHAPTERED 09/30/08 CHAPTER 661 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2008 APPROVED BY GOVERNOR SEPTEMBER 30, 2008 PASSED THE SENATE AUGUST 26, 2008 PASSED THE ASSEMBLY AUGUST 28, 2008 AMENDED IN SENATE AUGUST 19, 2008 AMENDED IN SENATE AUGUST 4, 2008 AMENDED IN ASSEMBLY APRIL 17, 2008 AMENDED IN ASSEMBLY MARCH 28, 2008 AMENDED IN ASSEMBLY MARCH 5, 2008 INTRODUCED BY Assembly Member Berg (Coauthor: Senator Wiggins) FEBRUARY 7, 2008 An act to amend Section 37710 of, and to add and repeal Section 37710.5 of, the Education Code, relating to school districts. LEGISLATIVE COUNSEL'S DIGEST AB 1889, Berg. School districts: four-day school week. Existing law authorizes the Pacific Unified School District, the Leggett Valley Unified School District, the Reeds Creek Elementary School District, the Death Valley Unified School District, the Borrego Springs Unified School District, the Julian Union Elementary School District, the Julian Union High School District, and the Warner Unified School District to operate one or more schools in each district on a 4-day school week, if the school district complies with specified requirements, including instructional time requirements. Schools in the Death Valley Unified School District and certain school districts in San Diego County that operate on a 4-day school week are required to achieve their Academic Performance Index (API) growth targets in order to maintain the authority to operate on a 4-day school week, as specified. Existing law requires the Superintendent of Public Instruction to reduce the base revenue limit per unit of average daily attendance of a school district that operates one or more schools in its district on a 4-day school week and provides fewer than 180 days of instruction, as specified. This bill would extend that authorization and those requirements, including that participating schools achieve their API growth targets in order to maintain the authorization, to the Potter Valley Community Unified School District, beginning in the 2009-10 fiscal year. The bill would also authorize the State Board of Education to waive 5-consecutive-day operating requirements for preschools, before and after school programs, independent study programs, child nutrition and food service programs, community day schools, regional occupational centers or programs, and continuation high schools operating on a 4-day week pursuant to the bill, provided that the district meets the minimum time requirement for each program. The bill would require the district to submit a report containing specified information to the State Department of Education, the Senate Committee on Education, and the Assembly Committee on Education on January 15, 2014, if the district operates one or more schools on a 4-day school week. The bill would repeal these provisions on January 1, 2015. This bill would declare that, due to the unique circumstances applicable to the Potter Valley Community Unified 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 37710 of the Education Code is amended to read: 37710. If a school operating on a four-day school week pursuant to Section 37710.5 or 37711 fails to achieve its Academic Performance Index growth target pursuant to Section 52052, the authority of that school to operate on a four-day school week shall be permanently revoked commencing with the beginning of the following school year. SEC. 2. Section 37710.5 is added to the Education Code, to read: 37710.5. (a) Beginning in the 2009-10 fiscal year, the Potter Valley Community Unified School District may operate one or more schools in the school district on a four-day school week if the district complies with the instructional time requirements specified in Section 37701 and the other requirements of this chapter. The State Board of Education may waive five-consecutive-day operating requirements for any of the following programs that operate on a four-day week pursuant to this section, provided that the district meets the minimum time requirement for each program: (1) Preschools. (2) Before and after school programs. (3) Independent study programs. (4) Child nutrition and food service programs. (5) Community day schools. (6) Regional occupational centers or programs. (7) Continuation high schools. (b) If the school district operates one or more schools on a four-day week pursuant to this section, and the program for the school year provides fewer than the 180 days of instruction required under Section 46200, the Superintendent shall reduce the base revenue limit per unit of average daily attendance for that fiscal year by the amount the school district would have received for the increase received pursuant to subdivision (a) of Section 46200, as adjusted in fiscal years subsequent to the 1984-85 fiscal year. If the school district operates one or more schools on a four-day school week pursuant to this section, and the program provides fewer than the minimum instructional minutes required under Section 46201, the Superintendent shall reduce the base revenue limit per unit of average daily attendance for that fiscal year in which the reduction occurs by the amount the school district would have received for the increase in the base revenue limit per unit of average daily attendance pursuant to subdivision (a) of Section 46201, as adjusted in the 1987-88 fiscal year and fiscal years thereafter. (c) If the school district operates one or more schools on a four-day school week pursuant to this section, the school district shall submit a report to the department, the Senate Committee on Education and the Assembly Committee on Education on January 15, 2014. The report shall include, but not necessarily be limited to, information on the following: (1) Programs the district offered on the fifth day and their participation rates. (2) Whether the four-day school week schedule resulted in any fiscal savings. (3) Impact on overall attendance of the schools operating a four-day school week. (4) Programs for which the Superintendent waived minimum time and five-consecutive-day requirements and the operational and educational effect of the programs if they operated at less time than required. (d) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date. SEC. 3. The Legislature finds and declares that, due to the unique circumstances applicable to the Potter Valley Community Unified School District, a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution, and the enactment of a special law is therefore necessary.