SECTIONS 37252-37254.1 - California Statutes

EDUCATION CODE

SECTION 37252-37254.1

37252. (a) The governing board of each school district maintaining
any or all of grades 7 to 12, inclusive, shall offer, and a charter
school may offer, supplemental instructional programs for pupils
enrolled in grades 7 to 12, inclusive, who do not demonstrate
sufficient progress toward passing the exit examination required for
high school graduation pursuant to Chapter 8 (commencing with Section
60850) of Part 33.
(b) Sufficient progress, as described in subdivision (a), shall be
determined on the basis of either of the following:
(1) The results of the assessments administered pursuant to
Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 and
the minimum levels of proficiency recommended by the state board
pursuant to Section 60648.
(2) The pupils' grades and other indicators of academic
achievement designated by the district.
(c) For purposes of this section, a pupil shall be considered to
be enrolled in a grade immediately upon completion of the preceding
grade. Supplemental instruction may also be offered to a pupil who
was enrolled in grade 12 during the prior school year.
(d) For the purposes of this section, pupils who do not possess
sufficient English language skills to be assessed, as set forth in
Sections 60850 and 60853, shall be considered pupils who do not
demonstrate sufficient progress towards passing the exit examination
required for high school graduation and shall receive supplemental
instruction designed to assist pupils to succeed on the high school
exit examination.
(e) Except as provided in subdivision (h), programs may be offered
pursuant to this section during the summer, before school, after
school, on Saturday, or during intersession, or in any combination of
summer, before school, after school, Saturday, or intersession
instruction, but shall be in addition to the regular schoolday. Any
minor pupil whose parent or guardian informs the school district that
the pupil is unable to attend a Saturday school program for
religious reasons, or any pupil 18 years of age or older who states
that he or she is unable to attend a Saturday school program for
religious reasons, shall be given priority for enrollment in
supplemental instruction offered at a time other than Saturday over a
pupil who is not unable to attend a Saturday school program for
religious reasons.
(f) A school district or charter school offering supplemental
instructional programs pursuant to this section shall receive funding
as described in Section 42239 and in the annual Budget Act.
(g) Notwithstanding any other provision of law, neither the State
Board of Education nor the Superintendent of Public Instruction may
waive any provision of this section.
(h) Funds received for supplemental instruction pursuant to this
section may also be used to provide intensive instruction and
services to eligible pupils pursuant to Section 37254.

37252.2. (a) The governing board of each school district
maintaining any or all of grades 2 to 9, inclusive, shall offer, and
a charter school may offer, programs of direct, systematic, and
intensive supplemental instruction to pupils enrolled in grades 2 to
9, inclusive, who have been recommended for retention or who have
been retained pursuant to Section 48070.5. A school district or
charter school may require a pupil who has been retained to
participate in supplemental instructional programs. Notwithstanding
the requirements of this section, the school district or charter
school shall provide a mechanism for a parent or guardian to decline
to enroll his or her child in the program. Attendance in supplemental
instructional programs shall not be compulsory within the meaning of
Section 48200.
(b) Supplemental educational services pursuant to subdivision (a)
may be offered during the summer, before school, after school, on
Saturdays, or during intersession, or in a combination of summer
school, before school, after school, Saturday, or intersession
instruction. Services shall not be provided during the pupil's
regular instructional day. Any minor pupil whose parent or guardian
informs the school district that the pupil is unable to attend a
Saturday school program for religious reasons, or any pupil 18 years
of age or older who states that he or she is unable to attend a
Saturday school program for religious reasons, shall be given
priority for enrollment in supplemental instruction offered at a time
other than Saturday, over a pupil who is not unable to attend a
Saturday school program for religious reasons.
(c) For purposes of this section, a pupil shall be considered to
be enrolled in a grade immediately upon completion of the preceding
grade. Summer school instruction may also be offered to pupils who
were enrolled in grade 6 during the prior school year. For ninth
grade pupils identified in subdivision (a), summer school instruction
may also be offered to pupils who were enrolled in grade 9 during
the prior school year.
(d) Each school district or charter school shall use results from
tests administered under the Standardized Testing and Reporting
Program, established pursuant to Article 4 (commencing with Section
60640) of Chapter 5 of Part 33 or other evaluative criteria to
identify eligible pupils pursuant to subdivision (b).
(e) An intensive remedial program in reading or written expression
offered pursuant to this section shall, as needed, include
instruction in phoneme awareness, systematic explicit phonics and
decoding, word attack skills, spelling and vocabulary, explicit
instruction of reading comprehension, writing, and study skills.
(f) Each school district or charter school shall seek the active
involvement of parents and classroom teachers in the development and
implementation of supplemental instructional programs provided
pursuant to this section.
(g) It is the intent of the Legislature that pupils who are at
risk of failing to meet state adopted standards, or who are at risk
of retention, be identified as early in the school year and as early
in their school careers as possible, and be provided the opportunity
for supplemental instruction sufficient to assist them in attaining
expected levels of academic achievement.
(h) Notwithstanding any other provision of law, neither the State
Board of Education nor the Superintendent of Public Instruction may
waive any provision of this section.
(i) School districts are relieved from the obligation to perform
any activities under this section that are deemed to be reimbursable
state mandates pursuant to Section 6 of Article XIII B of the
California Constitution from the date that the act amending this
subdivision in 2010 is enacted until July 1, 2013.

37252.8. (a) The governing board of a school district and a charter
school maintaining any of grades 2 to 6, inclusive, may offer
programs of direct, systematic, and intensive supplemental
instruction to a pupil enrolled in grades 2 to 6, inclusive, who
meets either of the following criteria:
(1) The pupil has been identified as having a deficiency in
mathematics, reading, or written expression based on the results of a
test administered under the Standardized Testing and Reporting
Program established pursuant to Article 4 (commencing with Section
60640) of Chapter 5 of Part 33.
(2) The pupil has been identified as being at risk of retention
pursuant to Section 48070.5.
(b) Supplemental educational services offered pursuant to this
section may be offered during the summer, before school, after
school, on Saturdays, or during intersession, or in a combination of
summer school, before school, after school, Saturday, or intersession
instruction. Services shall not be provided during the regular
instructional day of the pupil. A minor pupil whose parent or
guardian informs the school district that the pupil is unable to
attend a Saturday school program for religious reasons, or a pupil 18
years of age or older who states that he or she is unable to attend
a Saturday school program for religious reasons, shall be given
priority for enrollment in supplemental instruction offered at a time
other than Saturday, over a pupil who is not unable to attend a
Saturday school program for religious reasons.
(c) For purposes of this section, a pupil shall be considered to
be enrolled in a grade immediately upon completion of the preceding
grade. Summer school instruction may also be offered to a pupil who
was enrolled in grade 6 during the prior school year.
(d) An intensive remedial program in reading or written expression
offered pursuant to this section shall, as needed, include
instruction in phoneme awareness, systematic explicit phonics and
decoding, word attack skills, spelling and vocabulary, explicit
instruction of reading comprehension, writing, and study skills.
(e) A school district or charter school shall seek the active
involvement of parents and classroom teachers in the development and
implementation of supplemental instructional programs provided
pursuant to this section.
(f) It is the intent of the Legislature that a pupil who is at
risk of failing to meet state-adopted standards, or who is at risk of
retention, be identified as early in the school year, and as early
in his or her school careers as possible and be provided the
opportunity for supplemental instruction sufficient to assist him or
her in attaining expected levels of academic achievement.
(g) (1) A school district or charter school that offers
instruction pursuant to this section shall be entitled to receive
reimbursement in an amount up to 5 percent of the total enrollment of
the school district or charter school in grades 2 to 6, inclusive,
for the prior fiscal year multiplied by 120 hours, multiplied by the
hourly rate for the current fiscal year determined pursuant to
subdivision (b) of Section 42239.
(2) The balance of the appropriation made for the purposes of
funding programs offered pursuant to this section to serve pupils in
grades 2 to 6, inclusive, shall be allocated for reimbursement of
pupil attendance in instruction pursuant to subdivision (a) that is
in excess of 5 percent, but not in excess of 7 percent, of the
enrollment of the school district or charter school for the prior
year in grades 2 to 6, inclusive, multiplied by 120 hours, multiplied
by the hourly rate for the current fiscal year determined pursuant
to subdivision (b) of Section 42239.
(h) Notwithstanding any other provision of law, neither the State
Board of Education nor the Superintendent may waive any provision of
this section.

37253. (a) The governing board of any school district and a charter
school may offer supplemental instructional programs in mathematics,
science, or other core academic areas designated by the
Superintendent of Public Instruction.
(b) The Superintendent of Public Instruction shall adopt rules and
regulations necessary to implement this section, including, but not
limited to, the designation of academic areas other than mathematics
and science as core academic areas.
(c) (1) The maximum entitlement of a school district or charter
school for reimbursement for pupil hours of attendance in
supplemental instructional programs offered pursuant to this section
shall be an amount equal to 5 percent of the total enrollment of the
school district or charter school for the prior fiscal year
multiplied by 120 hours, multiplied by the hourly rate for the
current fiscal year, as determined pursuant to paragraph (2).
(2) Pupil hours of attendance in supplemental instructional
programs offered pursuant to this section shall be reimbursed at a
rate of three dollars and fifty-three cents ($3.53) per pupil hour,
adjusted in the 2005-06 fiscal year and subsequent fiscal years as
specified in this paragraph, provided that a different reimbursement
rate may be specified for each fiscal year in the annual Budget Act
that appropriates funding for that fiscal year. This amount shall be
increased annually by the percentage increase pursuant to subdivision
(b) of Section 42238.1 granted to school districts or charter
schools for base revenue limit cost-of-living increases.
(d) To the extent appropriated funding allows, a school district
or charter school may enroll more than 5 percent of its pupils, or
may enroll pupils for more than 120 hours per year, in supplemental
instructional programs offered pursuant to this section, if the total
state apportionment to the district or charter school for these
programs does not exceed an amount computed equal to 10 percent of
the total enrollment of the school district or charter school for the
prior fiscal year multiplied by 120 hours, multiplied by the hourly
rate for the current fiscal year, as determined pursuant to paragraph
(2) of subdivision (c).
(e) Instructional programs may be offered pursuant to this section
during the summer, before school, after school, on Saturday, or
during intersession, or in any combination of summer, before school,
after school, Saturday, or intersession instruction, but shall be in
addition to the regular schoolday. Any minor pupil whose parent or
guardian informs the school district that the pupil is unable to
attend a Saturday school program for religious reasons, or any pupil
18 years of age or older who states that he or she is unable to
attend a Saturday school program for religious reasons, shall be
given priority for enrollment in supplemental instruction offered at
a time other than Saturday, over a pupil who is able to attend a
Saturday school program.
(f) Notwithstanding any other law, neither the State Board of
Education nor the Superintendent of Public Instruction may waive
compliance with any provision of this section.

37253.5. (a) The governing board of a school district or a charter
school offering supplemental instruction pursuant to Section 37253
may apply to the Superintendent of Public Instruction for grants for
the following purposes:
(1) To establish staff development programs for teachers to
upgrade the academic and instructional skills of those teachers
providing instruction in the summer school program.
(2) To establish a training program in which persons enrolled in a
postsecondary educational institution or teacher training program
and who intend to teach mathematics, science, or other core academic
areas designated by the Superintendent of Public Instruction provide
supervised instructional services.
(b) To the extent feasible, programs established pursuant to
subdivision (a) shall be operated in cooperation with postsecondary
educational institutions, teacher education and computer centers, and
other appropriate institutions.

37254. (a) For purposes of this section, "eligible pupil" means a
pupil who has not met the high school exit examination requirement
for high school graduation pursuant to Chapter 9 (commencing with
Section 60850) of Part 33 of Division 4, and who has failed one or
both parts of that examination by the end of grade 12.
(b) (1) From the funds appropriated for purposes of this section
in the annual Budget Act or other statute, the Superintendent shall
determine a per pupil rate of funding by dividing the total amount of
funds appropriated for purposes of this section by the number of
eligible pupils in grade 12 as reported by school districts in
accordance with paragraph (7) of subdivision (d). The Superintendent
then shall apportion to each school district an amount equal to the
per pupil rate determined pursuant to this paragraph multiplied by
the number of eligible grade 12 pupils reported pursuant to paragraph
(7) of subdivision (d).
(2) If funds appropriated for purposes of paragraph (1) are not
exhausted after the apportionment pursuant to paragraph (1) is made,
the Superintendent shall determine a per pupil rate of funding for
eligible pupils in grade 11 by dividing the total amount of funds
appropriated for purposes of this section remaining after the
apportionment pursuant to paragraph (1) has been made by the total
number of eligible pupils in grade 11 reported by school districts in
accordance with paragraph (7) of subdivision (d). The Superintendent
shall apportion to each school district an amount equal to the per
pupil rate determined pursuant to this paragraph multiplied by the
number of eligible grade 11 pupils reported pursuant to paragraph (7)
of subdivision (d).
(3) The maximum per pupil rate of funding shall not exceed five
hundred dollars ($500) and shall be increased annually by the
percentage determined in paragraph (2) of subdivision (b) of Section
42238.1
(c) (1) The funds described in subdivision (b) shall be used to
provide intensive instruction and services designed to help eligible
pupils pass the high school exit examination.
(2) Intensive instruction and services may be provided during the
regular schoolday provided that they do not supplant the instruction
of the pupil in the core curriculum areas as defined in paragraph (5)
of subdivision (a) of Section 60603, or physical education
instruction. Eligible pupils may receive intensive instruction and
services on Saturdays, evenings, or at a time and location deemed
appropriate by the school district in order to meet the needs of
these pupils.
(3) Intensive instruction and services may include, but are not
limited to, all of the following:
(A) Individual or small group instruction.
(B) The hiring of additional teachers.
(C) Purchasing, scoring, and reviewing diagnostic assessments.
(D) Counseling.
(E) Designing instruction to meet specific needs of eligible
pupils.
(F) Appropriate teacher training to meet the needs of eligible
pupils.
(G) Instruction in English language arts or mathematics, or both,
that eligible pupils need to pass those parts of the high school exit
examination not yet passed. A school district may employ different
intensive instruction and services strategies more aligned to the
needs and circumstances of pupils who have not passed one or both
parts of the high school exit examination by the end of grade 12 as
compared to grade 12 pupils with similar needs in a comprehensive
high school of the district.
(H) The provision of instruction and services by a public or
nonpublic entity, as determined by the local educational agency.
(d) As a condition of receiving funds pursuant to subdivision (c),
the school district shall accomplish all of the following:
(1) Ensure that each eligible pupil receives an appropriate
diagnostic assessment to identify that pupil's areas of need.
(2) Ensure that each pupil receives intensive instruction and
services based on the results of the diagnostic assessment, and prior
results on the high school exit examination.
(3) Ensure that all pupils who have not passed one or both parts
of the high school exit examination by the end of grade 12 are
notified in writing at the last known address before the end of each
school term of the availability of the services in sufficient time to
register for or avail themselves of those services each term for two
consecutive academic years thereafter and are notified of the right
of a pupil to file a complaint regarding those services as set forth
in Section 35186. In addition to notifying the pupil, or his or her
parent or legal guardian if the pupil is under the age of 18, in
writing, the notice shall be posted in the school office and district
office and on the Internet Web site of the school district, if
applicable. The notice shall comply with the translation requirements
of Section 48985.
(4) Ensure that all pupils who have not passed one or both parts
of the high school exit examination by the end of grade 12 have the
opportunity to receive intensive instruction and services as needed
based on the results of the diagnostic assessment and prior results
on the high school exit examination, as specified in paragraph (2),
for up to two consecutive academic years after completion of grade 12
or until the pupil has passed both parts of the high school exit
examination, whichever comes first. A school district shall employ
strategies for intensive instruction and services that are most
likely to result in these pupils passing the parts of the high school
exit examination that they have not yet passed.
(5) Ensure that all English learners who have not passed one or
both parts of the high school exit examination by the end of grade 12
have the opportunity to receive intensive instruction and services
provided under paragraph (3) of subdivision (c) that also shall
include services to improve English proficiency as needed based on
the results of the diagnostic assessment and prior results on the
high school exit examination, as specified in paragraph (2), to pass
those parts of the high school exit examination not yet passed, for
up to two consecutive academic years after completion of grade 12 or
until the pupil has passed both parts of the high school exit
examination, whichever comes first. A school district shall employ
strategies for intensive instruction and services that are most
likely to result in these pupils passing the parts of the high school
exit examination that they have not yet passed.
(6) Demonstrate that funds will be used to supplement and not
supplant existing services.
(7) Provide to the Superintendent, in a manner and by a date
certain determined by the Superintendent, the number of eligible
pupils at each high school in the school district.
(8) Submit an annual report to the Superintendent and the
appropriate county superintendent of schools in a manner determined
by the Superintendent that describes the manner and frequency in
which eligible pupils were notified of the intensive instruction and
services provided, the number of pupils served for each type of
service provided, and the number of pupils in the school district who
successfully pass the high school exit examination by each type of
service provided.

37254.1. (a) Notwithstanding any other provision of law, the Long
Beach Unified School District may require pupils, identified pursuant
to a policy adopted by the governing board of the school district at
a regularly scheduled board meeting, to participate in any one of
the following programs:
(1) Supplemental instruction as described in Section 37252.
(2) Supplemental instruction as described in Section 37252.2.
(3) Supplemental instruction as described in Section 37252.8.
(4) Supplemental instruction as described in Section 37253.
(b) In addition to subdivision (a), any other school district may
require pupils, identified pursuant to a policy adopted by the
governing board of the school district at a regularly scheduled board
meeting, to participate in any one of the programs set forth in
subdivision (a).
(c) The school district shall provide a mechanism for a parent or
legal guardian to decline to enroll his or her child in a program.
(d) Attendance in a program is not compulsory within the meaning
of Section 48200.