Amended in Assembly June 19, 2013

Amended in Senate May 8, 2013

Amended in Senate April 11, 2013

Amended in Senate April 1, 2013

Senate BillNo. 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. 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 tobegin insert attendance inend insert early college high schools and middle college high schoolsbegin insert, and specified provisions related to the operation of middle college high schoolsend 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: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 37710 of the Education Code is amended
2to read:

3

37710.  

If a school operating on a four-day school week
4pursuant to Section 37710.3, 37710.5, 37711, or 37712 fails to
5achieve its Academic Performance Index growth target pursuant
6to Section 52052, the authority of that school to operate on a
7four-day school week shall be permanently revoked commencing
8with the beginning of the following school year.

9

SEC. 2.  

Section 37712 is added to the Education Code, to read:

10

37712.  

(a) Beginning in the 2013-14 fiscal year, the Moorpark
11Unified School District may operate one or more high schools
12offering a middle college program in the school district on a
13four-day school week, if the school district complies with the
14instructional time requirements specified in Section 37701 and the
15other requirements of this chapter. The state board may waive the
16five-consecutive-day operating requirements for a middle college
17program that operates on a four-day school week pursuant to this
18section, provided that the school district meets the minimum time
19requirement for the middle college program.

20(b) If the school district operates one or more schools on a
21four-day school week pursuant to this section, and the program
22for the school year provides fewer than the 180 days of instruction
23required under Section 46200, the Superintendent shall reduce the
24base revenue limit per unit of average daily attendance for that
25fiscal year by the amount the school district would have received
P3    1for the increase received pursuant to subdivision (a) of Section
246200, as adjusted in fiscal years subsequent to the 1984-85 fiscal
3year. If the school district operates one or more schools on a
4four-day school week pursuant to this section, and the program
5provides fewer than the minimum instructional minutes required
6under Section 46201, the Superintendent shall reduce the base
7revenue limit per unit of average daily attendance for that fiscal
8year in which the reduction occurs by the amount the school district
9would have received for the increase in the base revenue limit per
10unit of average daily attendance pursuant to subdivision (a) of
11Section 46201, as adjusted in the 1987-88 fiscal year and
12subsequent fiscal years.

13(c) Notwithstanding Section 37710, if a small school having
14between 11 and 99 valid Standardized Testing and Reporting
15Program test scores operating on a four-day school week fails to
16achieve its Academic Performance Index growth target pursuant
17to Section 52052 for two consecutive years, the authority of that
18school to operate on a four-day school week shall be permanently
19revoked commencing with the school year following the second
20consecutive year the school failed to achieve its Academic
21Performance Index growth rate.

22(d) If the school district operates one or more schools on a
23four-day school week pursuant to this section, the school district
24shall submit a report to the department, the Senate Committee on
25Education, and the Assembly Committee on Education on or before
26January 15, 2018. The report shall include, but not necessarily be
27limited to, information on all of the following:

28(1) Programs the school district offered on the fifth schoolday
29and their participation rates.

30(2) If the four-day school week schedule resulted in fiscal
31savings.

32(3) Impact on overall attendance of the schools operating a
33four-day school week.

34(4) Programs for which the state board waived minimum time
35and five-consecutive-day requirements and the operational and
36educational effects of the programs if they operated at less time
37than required.

38(5) The impact of the four-day school week on crime statistics,
39especially on the day on which school would otherwise be in
40session.

P4    1(6) Information on the Academic Performance Index, pursuant
2to Section 52052, for every year a school in the school district
3operated on a four-day school week. The information shall include,
4but not necessarily be limited to, the base and growth Academic
5Performance Index of each school that operated on a four-day
6school week and whether that school met the Academic
7Performance Index growth targets.

8(7) Specific outcomes for pupils attending a school operating
9on a four-day school week including, but not limited to, attendance
10rates, graduation rates, college entrance and attendance rates, and
11employment rates of pupils who do not attend college.

12(e) The Moorpark Unified School District operating one or more
13schools on a four-day school week pursuant to this section may
14claim a day of attendance for the pupils enrolled in a school
15operating on a four-day school week pursuant tobegin delete Section 46146.5end delete
16begin insert Sections 11300, 11301, and 46146.5end insert.

17(f) This section shall become inoperative on June 30, 2018, and,
18as of January 1, 2019, is repealed, unless a later enacted statute,
19that becomes operative on or before January 1, 2019, deletes or
20extends the dates on which it becomes inoperative and is repealed.

21

SEC. 3.  

The Legislature finds and declares that a special law
22is necessary and that a general law cannot be made applicable
23within the meaning of Section 16 of Article IV of the California
24Constitution because of the unique circumstances facing many of
25the pupils enrolled in the Moorpark Unified School District.

26

SEC. 4.  

This act is an urgency statute necessary for the
27immediate preservation of the public peace, health, or safety within
28the meaning of Article IV of the Constitution and shall go into
29immediate effect. The facts constituting the necessity are:

30In order for the Moorpark Unified School District to use the
31four-day school week authorization provided by this act in the
322013-14 school year, it is necessary that this act take effect
33immediately.



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