SECTIONS 37300-37307 - California Statutes

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.