SECTIONS 37610-37620 - California Statutes

EDUCATION CODE

SECTION 37610-37620

37610. The governing board of any school district may, after
notification to the Superintendent of Public Instruction, establish
and operate in one or more of the schools within the district, or in
all schools within the district, a continuous school program pursuant
to the provisions of this chapter.

37611. Whenever the governing board of any school district,
pursuant to Section 37610, determines to operate one or more schools
of the district on a continuous school program in such a manner as to
require any pupil to enroll in a continuous school program, it shall
publish, not later than November 1st of the school year preceding
the commencement of such a program, its intention to operate a
continuous school program in such a manner as to require any pupil to
enroll in a continuous school program in a newspaper of general
circulation within the district, or if there is no such newspaper,
then in any newspaper of general circulation that is regularly
circulated in the district.
Publication of notice pursuant to this section shall be once each
week for three successive weeks. Three publications in a newspaper
regularly published once a week or oftener, with at least five days
intervening between the respective publication date not counting such
publication dates, are sufficient.

37611.5. Notwithstanding Section 37611, a school district that
establishes and operates a continuous school program in one or more
schools pursuant to this chapter for the purposes of implementing the
Class Size Reduction Program set forth in Chapter 6.10 (commencing
with Section 52120) of Part 28 for the 1996-97 and 1997-98 school
years shall not be subject to the publication of notice requirements
set forth in Section 37611 for those school years.

37612. If after notice of intention has been given to establish and
operate a continuous school program in a manner so as to require any
pupil to enroll in a continuous school program, a petition signed by
25 percent of the registered voters of the district may be presented
to the county superintendent of schools requesting that the school
district not establish that program. This petition shall be presented
no later than December 10th of the year in which the notice is
given.
The county superintendent of schools shall examine the petition
and, if he or she finds it to be sufficient and signed as required by
law, order a ballot proposition, as provided by Section 37614, to be
placed upon the ballot of the appropriate election as provided in
Section 37613.
The governing board of the school district may request that an
election be called and conducted irrespective of whether or not a
petition is presented.

37613. An election ordered or requested to be held pursuant to
Section 37612 may be consolidated with the next districtwide election
held 80 or more days after the order or request for an election is
made or the county superintendent of schools may order a special
election to be held at least 80 days after the election is ordered or
requested.

37614. (a) The ballot proposition used in an election called
pursuant to Section 37613 shall contain the words "For the continuous
school program of the (name of district) District to be operated in
such a manner as to require any pupil to enroll in a continuous
school program" followed by the words "Yes" and "No" so placed that
the voter may clearly indicate his choice.
(b) If a majority of those voting for the ballot proposition, as
provided by subdivision (a), at the election vote "yes" then the
school district shall be permitted to commence the continuous school
program so designated on the ballot and to continue operating any
such program in the district until all such programs are terminated.
(c) If a majority of those voting for the ballot proposition, as
provided by subdivision (a), at the election vote "no" then the
school district shall not be permitted to commence the continuous
school program so designated on the ballot.

37615. If a continuous school program operated in such a manner as
to require any pupil to enroll in the program is terminated by the
governing board or prohibited pursuant to subdivision (c) of Section
37614, the governing board shall not determine to operate one or more
schools of the district on a continuous school program in such a
manner as to require any pupil to enroll in a continuous school
program for at least two years following termination or election.

37616. Prior to implementing a continuous school program in any
school of the district, the school district governing board shall
consult in good faith in an effort to reach agreement with the
certificated and classified employees of the school, with the parents
of pupils who would be affected by the change, and with the
community at large. Such consultation shall include at least one
public hearing for which the board has given adequate notice to the
employees and to the parents of pupils affected.
In school districts where a continuous school program is
implemented in fewer than all of the schools maintained by the school
district, the governing board of such a school district shall make
every reasonable effort to assign certificated employees who prefer
the regular school schedule to schools of the same level retaining
the regular school schedule.

37617. The governing board of any school district operating
pursuant to the provisions of this chapter shall divide the students
of each selected school into as many groups as necessary to
adequately accommodate a continuous school program so established and
conducted. Students of the same family shall be placed in the same
group unless one or more of such students is enrolled in a special
education class or unless the parent or guardian of such students
requests that the students be placed in different groups.

37618. The governing board of any school district operating
pursuant to the provisions of this chapter shall establish a school
calendar whereby the teaching sessions and vacation period during the
school year are on a rotating basis.

37619. Each selected school shall be closed for all students and
employees on regular school holidays specified in Article 3
(commencing with Section 37220) of Chapter 2.

37620. The teaching sessions and vacation periods established
pursuant to Section 37618 shall be established without reference to
the school year as defined in Section 37200. The schools and classes
shall be conducted for a total of no fewer than 175 days during the
academic year.