Amended in Senate May 8, 2013

Amended in Senate April 11, 2013

Amended in Senate April 1, 2013

Senate Bill No. 236

Introduced by Senator Pavley

(Principal coauthor: Assembly Member Gorell)

February 12, 2013

An act to amend Section 37710 of, and to add and repeal Section 37712 of, the Education Code, relating to school districts, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 236, as amended, Pavley. School districts: four-day school week: Moorpark Unified School District.

Existing law authorizes certain school districts to operate one or more schools on a 4-day school week if the school district complies with specified instructional time requirements and other requirements related to the 4-day school week.

This bill would, beginning in the 2013-14 fiscal year, authorize the Moorpark Unified School District to operate one or more high schools offering a middle college program on a 4-day school week if it complies with the specified instructional time requirements and other requirements related to the 4-day school week. The bill would require the authority of a school in the Moorpark Unified School District to operate on a 4-day school week to be permanently revoked if the school fails to achieve its Academic Performance Index growth target. begin insert The bill would authorize the Moorpark Unified School District operating a school on a 4-day school week, as described above, to claim a day of attendance pursuant to a provision related to early college high schools and middle college high schools. end insert The bill would make these provisions inoperative on June 30, 2018, and would repeal these provisions as of January 1, 2019.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Moorpark Unified School District.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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 37710.3, 37710.5, 37711, or 37712 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 37712 is added to the Education Code, to read:

37712.  

(a) Beginning in the 2013-14 fiscal year, the Moorpark
Unified School District may operate one or more high schools
offering a middle college program in the school district on a
four-day school week, if the school district complies with the
instructional time requirements specified in Section 37701 and the
other requirements of this chapter. The state board may waive the
five-consecutive-day operating requirements for a middle college
program that operates on a four-day school week pursuant to this
section, provided that the school district meets the minimum time
requirement for the middle college program.

(b) If the school district operates one or more schools on a
four-day school 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
subsequent fiscal years.

(c) Notwithstanding Section 37710, if a small school having
between 11 and 99 valid Standardized Testing and Reporting
Program test scores operating on a four-day school week fails to
achieve its Academic Performance Index growth target pursuant
to Section 52052 for two consecutive years, the authority of that
school to operate on a four-day school week shall be permanently
revoked commencing with the school year following the second
consecutive year the school failed to achieve its Academic
Performance Index growth rate.

(d) 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 or before
January 15, 2018. The report shall include, but not necessarily be
limited to, information on all of the following:

(1) Programs the school district offered on the fifth schoolday
and their participation rates.

(2) If the four-day school week schedule resulted in fiscal
savings.

(3) Impact on overall attendance of the schools operating a
four-day school week.

(4) Programs for which the state board waived minimum time
and five-consecutive-day requirements and the operational and
educational effects of the programs if they operated at less time
than required.

(5) The impact of the four-day school week on crime statistics,
especially on the day on which school would otherwise be in
session.

(6) Information on the Academic Performance Index, pursuant
to Section 52052, for every year a school in the school district
operated on a four-day school week. The information shall include,
but not necessarily be limited to, the base and growth Academic
Performance Index of each school that operated on a four-day
school week and whether that school met the Academic
Performance Index growth targets.

(7) Specific outcomes for pupils attending a school operating
on a four-day school week including, but not limited to, attendance
rates, graduation rates, college entrance and attendance rates, and
employment rates of pupils who do not attend college.

begin insert

(e) The Moorpark Unified School District operating one or
more schools on a four-day school week pursuant to this section
may claim a day of attendance for the pupils enrolled in a school
operating on a four-day school week pursuant to Section 46146.5.

end insert begin delete

(e)

end delete

begin insert (f) end insert  This section shall become inoperative on June 30, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, 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 facing many of
the pupils enrolled in the Moorpark Unified School District.

SEC. 4.  

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 Moorpark Unified School District to use the
four-day school week authorization provided by this act in the
2013-14 school year, it is necessary that this act take effect
immediately.