BILL NUMBER: AB 868	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member V. Manuel Perez

                        FEBRUARY 26, 2009

   An act to amend Section 37710 of, and to add and repeal Section
37710.6 of, the Education Code, relating to school districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 868, as introduced, V. Manuel Perez. Palo Verde Unified School
District: four-day school week.
   Existing law authorizes various school districts to operate one or
more schools in each district on a 4-day school week, if the school
district complies with specified requirements, including
instructional time requirements. Schools in the Death Valley Unified
School District, the Potter Valley Community Unified School District,
and certain school districts in San Diego County that operate on a
4-day school week are required to achieve their Academic Performance
Index (API) growth targets in order to maintain the authority to
operate on a 4-day school week, as specified. Existing law requires
the Superintendent of Public Instruction to reduce the base revenue
limit per unit of average daily attendance of a school district if
one or more schools in its district that are on a 4-day school week
provide fewer than 180 days of instruction, as specified.
   This bill would extend that authorization and those requirements,
including that participating schools achieve their API growth targets
in order to maintain the authorization, to the Palo Verde Unified
School District, beginning in the 2010-11 fiscal year. The bill also
would authorize the State Board of Education to waive
5-consecutive-day operating requirements for preschools, before and
after school programs, independent study programs, child nutrition
and food service programs, community day schools, regional
occupational centers or programs, and continuation high schools if
the district would operate those programs on a 4-day week pursuant to
the bill, provided that the district meets the minimum time
requirement for each program. The bill would require the district to
submit a report containing specified information to the State
Department of Education, the Senate Committee on Education, and the
Assembly Committee on Education on or before January 15, 2015, if the
district operates one or more schools on a 4-day school week. The
bill would repeal these provisions on January 1, 2015.
   This bill would declare that, due to the unique circumstances
applicable to the Palo Verde Unified School District, a general
statute cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution, and the enactment of a
special statute is therefore necessary.
   Vote: majority. 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 37710.5  , 37710.6,  or 37711 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 37710.6 is added to the Education Code, to read:
   37710.6.  (a) Beginning with the 2010-11 fiscal year, the Palo
Verde Unified School District may operate one or more schools in the
school district on a four-day school week if the district complies
with the instructional time requirements specified in Section 37701
and the other requirements of this chapter. The state board may waive
five-consecutive-day operating requirements for any of the following
programs that operate on a four-day week pursuant to this section,
provided that the district meets the minimum time requirement for
each program:
   (1) Preschools.
   (2) Before and after school programs.
   (3) Independent study programs.
   (4) Child nutrition and food service programs.
   (5) Community day schools.
   (6) Regional occupational centers or programs.
   (7) Continuation high schools.
   (b) If the school district operates one or more schools on a
four-day 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 fiscal years thereafter.
   (c) 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, 2015. The report shall include, but not necessarily be
limited to, information on the following:
   (1) Programs the district offered on the fifth day and their
participation rates.
   (2) Whether the four-day school week schedule resulted in any
fiscal savings.
   (3) Impact on overall attendance of the schools operating a
four-day school week.
   (4) Programs for which the Superintendent 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.

   (d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
  SEC. 3.  The Legislature finds and declares that, due to the unique
circumstances applicable to the Palo Verde Unified School District,
a general law cannot be made applicable within the meaning of Section
16 of Article IV of the California Constitution, and the enactment
of a special law is therefore necessary.