BILL NUMBER: SB 236 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2013
PASSED THE ASSEMBLY AUGUST 19, 2013
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
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, 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. The bill would update funding calculations to
reflect changes to be made by the implementation of the local control
funding formula. 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.
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, as it read on January 1, 2013, the
Superintendent shall reduce the local control funding formula
allocation pursuant to Section 42238.02, as implemented pursuant to
Section 42238.03, 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 it read on January 1, 2013, 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, as it read on January 1, 2013, the
Superintendent shall reduce the local control funding formula
allocation pursuant to Section 42238.02, as implemented pursuant to
Section 42238.03, 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 it read on January 1, 2013, as adjusted from
the 1987-88 fiscal year 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.
(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.
(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.
(g) 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.