37300-37307
EDUCATION CODE
SECTION 37300-37307
37300. No later than March 30, 1988, the Superintendent of Public Instruction shall distribute to each elementary and unified school district in this state an application form for participation in the year-round school demonstration project provided for under this chapter, together with relevant information regarding the program. 37301. No later than July 1, 1988, any elementary or unified school district may submit an application to the Superintendent of Public Instruction for participation, on the part of any one elementary school in the district, in the program set forth in this chapter pursuant to the following conditions: (a) The school district demonstrates that, as of September 1, 1988, its projected pupil enrollment for that school will exceed the pupil capacity of that school, as determined by that district, by at least 10 percent. (b) The school district demonstrates its ability to comply with the program requirements set forth in this chapter. (c) The application has been approved by the local collective bargaining units representing certified and classified district employees and by the school site council, if any, established pursuant to Section 52012 or 52852. 37302. Any school district selected for participation in the program set forth in this chapter shall design, implement, and evaluate a program for the participating school in the district, with technical assistance from the State Department of Education if requested by the district, which program shall include, but not necessarily be limited to, all of the following: (a) An 11-month school calendar for five tracks of pupils, under which the school is closed for one month for purposes of maintenance and staff vacations. Pupils in each track shall attend the school for at least three 12-week academic terms during the school year. Each teacher shall be assigned a single classroom and a single class of pupils. Each class shall be composed of pupils from all five tracks and from all academic ability levels and socioeconomic backgrounds found in the school. (b) The teaching contract for each permanent full-time teacher at the school shall provide for an 11-month teaching year, the one-month vacation described in subdivision (a), a common winter holiday of approximately two weeks, and a common spring holiday of approximately one week. (c) One of the following: (1) In addition to the instruction provided in the school year described in subdivision (a), not less than 50 hours of instruction during the interim sessions occurring between the 12-week academic terms, to be provided to each pupil who is eligible to participate in categorical education programs designed to meet the special needs of children whose educational needs are not fully met in the regular educational program. This instruction may be funded by categorical education program funds or any other funding available to the district for this purpose. This option shall be available only to those schools in which more than 20 percent of the pupils qualify for funds from any of the following statutory programs: the Miller-Unruh Basic Reading Act of 1965; Economic Impact Aid, other than the bilingual education element; and any other compensatory education program approved for this purpose by the Superintendent of Public Instruction. (2) Class size reduction, in all classes conducted in the 12-week academic terms, of at least three pupils per class, with a total average class size not to exceed 29 pupils. (d) The school year-round program, as set forth in this chapter, shall commence operation on or before September 1, 1989, inclusive, and shall be continued by the district for a period of not less than four years from the date operation of the program commenced. The failure by any school district to comply with this subdivision shall result in the termination of funding to that district under this chapter, and the requirement that the district repay to the Superintendent of Public Instruction all moneys allocated to the district under this chapter, which repayment obligation may be enforced by the superintendent by the retention of funds from the annual apportionment to the district calculated under Section 42238, in an amount not to exceed sixty thousand dollars ($60,000) in any fiscal year. 37303. The Superintendent of Public Instruction shall do all of the following: (a) No later than August 1, 1988, select five elementary schools for participation in the program set forth under this chapter, from five different elementary or unified school districts submitting applications pursuant to Section 37301. At least two of the five participating elementary schools shall operate pursuant to paragraph (1) of subdivision (c) of Section 37302. The superintendent shall consult with individuals familiar with the operation of the plan pursuant to Section 37302 as appropriate in the administration of this chapter. (b) Upon the selection of any school for participation in the program, allocate the sum of sixty thousand dollars ($60,000) from funds specifically appropriated for this purpose to that school district for the costs of designing and planning the program to be operated by that school under this chapter. (c) Upon the commencement of program operation by a participating school, allocate the sum of sixty thousand dollars ($60,000) from funds specifically appropriated for this purpose to that school district for the costs of program operation. The superintendent shall allocate an additional sum of sixty thousand dollars ($60,000) to the school district for program operation purposes upon the commencement of the second year of program operation by that school. 37305. Any program operated under this chapter shall be deemed to be successful to the extent that, after two years of operation, the participating school has achieved the following objectives: (a) Pupil enrollment is increased by at least 18 percent, or, in "low growth" schools, by at least 10 percent. (b) Annual teacher salary for those teachers working on an 11-month contract is increased by at least 20 percent over the annual teacher salary for those teachers working the traditional school year. (c) An annual savings of at least 8 percent in teacher benefits costs. (d) In "low growth" schools, average class size is reduced by at least three pupils. (e) Excluding program startup costs and year-round incentive payments, operating costs of the program do not exceed operating costs of the school under a traditional school calendar. (f) Pupils receiving interim session instruction pursuant to this chapter show greater improvement in academic performance than pupils in comparable schools in that district operating under a traditional school calendar who also qualify for the funding sources described in paragraph (1) of subdivision (c) of Section 37302. (g) Average pupil achievement scores for all pupils equal or exceed the average pupil achievement scores for all pupils in that school for each of the three school years preceding the operation of the program set forth in this chapter. (h) At least 60 percent of parents and teachers express support for the program. (i) Pupil and teacher absentee rates do not exceed those rates for the school as determined for the 1987-88 school year. (j) At least 70 percent of the eligible pupils, as specified in paragraph (1) of subdivision (c) of Section 37302, attend the interim session classes. 37306. If, according to the evaluation criteria set forth in Section 37305, the program at a participating school is deemed unsuccessful after submission of data for the year 1990, the school district in which the school is located may request termination of project participation, contingent upon the approval of the Superintendent of Public Instruction. 37307. Notwithstanding any provision of Section 42250.3, any school district having a school participating pursuant to paragraph (1) of subdivision (c) of Section 37302 in the program set forth in this chapter shall be entitled to the greater of seventy-five dollars ($75) per pupil or the amount the school district would otherwise qualify for in year-round incentive payments authorized under that section for each pupil in the participating school for each year of program operation under this chapter.