Amended in Assembly June 26, 2013

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 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. 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 attendance in early college high schools and middle college high schools, and specified provisions related to the operation of middle college high schools. begin insert The bill would update funding calculations to reflect changes to be made by the implementation of the local control funding formula. 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, begin insert as it read on January 1, 2013, end insert the
Superintendent shall reduce the begin delete base revenue limit end delete begin insert local control
funding formula allocation pursuant to Section 42238.02, as
implemented pursuant to Section 42238.03, end insert 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, begin insert as it read on January 1, 2013, end insert
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, begin insert as it read on January 1, 2013, end insert the Superintendent
shall reduce the begin delete base revenue limit end delete begin insert local control funding formula
allocation pursuant to Section 42238.02, as implemented pursuant
to Section 42238.03, end insert 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, begin insert as it read on January 1, 2013, end insert as adjusted
begin delete in end delete begin insert from end insert the 1987-88 fiscal year begin delete and subsequent fiscal years end delete begin insert to the
2012-13 fiscal year, inclusive, and, commencing with the 2013-14
fiscal year, pursuant to the local control funding formula allocation
pursuant to Section 42238.02, as implemented pursuant to Section
42238.03, per unit of average daily attendance end insert .

(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 Sections 11300,
11301, and 46146.5.

begin insert

(f) Notwithstanding this section, upon a determination that the
school district identified in subdivision (a) equals or exceeds its
local control funding formula target computed pursuant to Section
42238.02, as determined by the calculation of a zero difference
pursuant to paragraph (1) of subdivision (b) of Section 42238.03,
the school district, as a condition of apportionment pursuant to
Section 42238.02, as implemented pursuant to Section 42238.03,
shall offer 180 days or more of instruction per year, and shall meet
the minimum minute requirements pursuant to paragraph (4) of
subdivision (a) of Section 46207.

end insert begin delete

(f)

end delete

begin insert (g) 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.