BILL NUMBER: SB 236	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 8, 2013
	AMENDED IN SENATE  APRIL 11, 2013
	AMENDED IN SENATE  APRIL 1, 2013

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.  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. 
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. 
   (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.  
   (e) 
    (f)  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.