58800-58806

EDUCATION CODE
SECTION 58800-58806




58800.  It is the intent of the Legislature in enacting this chapter
to assist in the establishment of specialized high schools in the
state to provide advanced instruction and training in high technology
fields and in the performing arts.
   The Legislature recognizes that the establishment of these
specialized high schools will benefit the state economy by providing
opportunities to talented pupils to obtain enhanced learning
opportunities in high technology fields and in the performing arts
while enrolled in schools located in school districts in close
proximity to areas in which these industries are located.
   The Legislature also recognizes that the high technology
specialized high schools established under this chapter will enable
the faculty providing instruction in these schools to develop model
curricula of general application in the fields of mathematics,
science, performing arts, and computer technology to be made
available to other school districts in the public school system.



58801.  Any school district operating one or more high schools, or
any consortium of school districts that operate one or more high
schools, or any county superintendent of schools, or any county board
of education, may submit a proposal to the Superintendent of Public
Instruction to establish a school or schools with specialized
curricula in high technology, performing arts, or other special
curricular areas, for pupils in grades 9 through 12. School districts
that submit proposals as a consortium shall agree to accept pupils
from each district in the consortium at the specialized school.
   The Superintendent of Public Instruction shall, commencing with
the 1984-85 fiscal year, allocate funds for startup costs of these
specialized secondary schools or programs.



58801.5.  Entities eligible for funding of startup costs pursuant to
Section 58801 shall be eligible to compete for funding for startup
costs regardless of funding in any prior year. Receipt of funds for
additional startup costs shall be based upon the addition of new
program offerings. Funds provided pursuant to this section shall
supplement, and shall not supplant, funds provided pursuant to
Section 58801.



58801.6.  The Superintendent of Public Instruction shall apportion
funds as available from the annual Budget Act for support of
specialized secondary programs established prior to the 1991-92
fiscal year that operate in conjunction with the California State
University. Funds apportioned pursuant to this section shall be
distributed equally among eligible specialized secondary schools.



58802.  Faculty members providing instruction in specialized
secondary programs shall develop model curricula which the
Superintendent of Public Instruction shall make available to other
school districts in the state.



58803.  Notwithstanding any other provision of law, specialized
secondary programs may select as teachers noncredentialed persons who
possess unique talents or skills from business, performing arts, or
postsecondary institutions. No noncredentialed person shall be
retained as a teacher in a specialized secondary program unless,
within 60 days after the governing board has hired such a person, the
Commission on Teacher Credentialing has issued a certificate of
clearance for him or her, which the commission shall issue when it
has verified the person's personal identification and good moral
character.
   Each school district governing board that employs noncredentialed
persons to teach in specialized secondary programs shall annually
report to the Superintendent of Public Instruction the number of
those persons employed, the subjects they are employed to teach, and
the unique talents and skills they possess.



58804.  From the funds appropriated by the Legislature for the
purposes of Section 42238, the Superintendent of Public Instruction
shall make allocations for the purposes of this chapter to county
superintendents of schools, and county boards of education, operating
approved specialized secondary schools, as follows:
   (a) For the 1985-86 fiscal year, and for each fiscal year
thereafter, in lieu of the funding calculation set forth in Section
42238, the revenue limit for each county superintendent of schools,
or county board of education, operating one or more specialized
secondary schools shall be calculated by multiplying the average
daily attendance for the school or schools by the statewide average
base revenue limit per unit of average daily attendance, for high
school districts, as computed under paragraph (2) of subdivision (d)
of Section 42238.
   (b) The school district of residence of any pupil enrolled in a
specialized secondary school operated by a county superintendent of
schools or county board of education shall not include the attendance
of that pupil in any computation of average daily attendance for
purposes of Section 42238.



58804.2.  Commencing with the 1992-93 academic year, each
specialized secondary school operated pursuant to Section 58801.6
shall annually evaluate the success of its program as follows:
   (a) The program shall be deemed successful if it meets all of the
following:
   (1) Eighty percent of the pupils participating in the program
pursue either postsecondary education or additional professional
training in their chosen fields of study after graduation from high
school.
   (2) Eighty percent of the pupils that remain in the program
complete their high school education.
   (b) The program shall also be evaluated based on an assessment of
other factors including, but not limited to, the following:
   (1) Increased pupil, parent, community, professional and business
community, and school employee satisfaction with pupil learning,
school organization, and school governance and management.
   (2) Counseling and other support services that enhance the program
and the success of the pupils.
   (3) Improvement in the academic performance of pupils as measured
by grade point average or other appropriate standards of achievement.




58805.  (a) The Superintendent of Public Instruction may enter into
an interagency agreement with a consortium of two or more school
districts to establish an academy of visual and performing arts to
operate specialized secondary school programs in visual and
performing arts that are conducted outside the regular schoolday,
subject to this chapter.
   (b) The governing boards of any two or more school districts or
county offices of education may enter into the consortium described
in subdivision (a). The academy established by this section shall be
governed, subject to the interagency agreement provided for by
subdivision (a), by a five-member governing board which shall be made
up of 3 members representing the consortium who shall be
superintendents or their designees of school districts or county
offices of education with the largest student participation; and two
members appointed by the Foundation for the Academy of Performing and
Visual Arts. The authority of the board to operate the academy shall
include, but not be limited to, the following:
   (1) The appointment of a director to develop and administer the
academy and the specialized secondary school programs operated by the
academy.
   (2) The execution of an agreement with any urban campus of a
college or university with a means for assisting in the development
of similar programs at other campuses or universities on a statewide
basis, for the use of the educational resources of that campus for
the purposes of this section.
   (3) Responsibility over the fiscal accountability of the academy.
   (c) For the purposes of subdivision (e) of Section 46300, the
off-campus participation, by a pupil in any of the grades 9 to 12,
inclusive, in any program of visual or performing arts operated under
this section may be authorized as an independent study program in
accordance with Article 5.5 (commencing with Section 51745) of
Chapter 5 of Part 28. In no event shall a pupil concurrently enrolled
in an independent study program and in a regular comprehensive high
school or junior high school generate, for the purposes of Section
46300, more than one unit of average daily attendance per school
year.



58806.  A specialized secondary school operated by a county
superintendent of schools under this chapter shall be considered a
school district by the Superintendent of Public Instruction for
purposes of receiving funds pursuant to Sections 42239 and 42239.5 of
the Education Code. If a specialized secondary school counts a pupil
in its summer school enrollment, the school shall notify the pupil's
school district of original attendance, and that school district
shall not count that pupil in its summer school enrollment.