SECTIONS 37680-37695 - California Statutes

EDUCATION CODE

SECTION 37680-37695

37680. For purposes of this article, the following terms have the
following meanings:
(a) "Capacity-related busing" means transporting a pupil to a
school other than the school of residence in order to reduce the
number of pupils attending the school of residence.
(b) "Circumstances beyond the control of the district" means any
of the following:
(1) An increase in pupil population beyond the demographic
projections set forth in the district's comprehensive action plan, or
an amendment thereto, if the increase was not reasonably foreseeable
through the use of annual, informed reestimates of demographic
projections.
(2) A cost escalation, shortage in construction material or
capacity, delay in completion of an environmental review, or natural
or human-made disaster materially affecting the district's facilities
program, if the circumstance was not reasonably foreseeable and the
district exercised due diligence in planning for that circumstance.
(3) A lack of sufficient state or local funds to complete
necessary school construction. "Lack of sufficient state or local
funds" may not be substantiated if a district expends state or local
funds designated for new construction for any purpose other than the
construction of additional school facilities to reduce reliance on
the Concept 6 program, except for funds for projects eligible to
receive facility hardship funds pursuant to Article 8 (commencing
with Section 17075.10) of Chapter 12.5 of Part 10.
(c) "Comprehensive action plan" means the plan developed pursuant
to Section 37682.
(d) "Concept 6" means a program whereby a school operates on a
three-track year-round calendar in which each track provides fewer
than 180 days, but no fewer than 163 days, of instruction per school
year.
(e) "Specific school building plan" means both of the following:
(1) The district has identified preferred sites and has approved
projects, as required under the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code), needed to satisfy the pupil capacity projected in the district'
s comprehensive action plan.
(2) The district has identified and obtained the funding necessary
to complete the particular projects identified. If state funding is
part of the funding identified, a district is deemed to have obtained
state funding if it has received either of the following:
(A) An apportionment from the state for the project.
(B) A preliminary apportionment for the project under the
Critically Overcrowded School Facilities Program, as set forth in
Article 11 (commencing with Section 17078.10) of Chapter 12.5 of Part
10.
(f) "State board" means the State Board of Education.
(g) "Substantial progress" means achieving a total enrollment on
Concept 6 calendars of no more than 110 percent of the annual
numerical goals set forth in the district's comprehensive action
plan.
(h) "Technical assistance" includes, but is not limited to,
assistance in identifying and acquiring a schoolsite, guidance in
maximizing access to funding, and facilitating the process of
obtaining state approval for new construction projects.

37681. (a) Commencing with the 2004-05 school year, a school
district may not operate a Concept 6 program, unless the school
district operated a Concept 6 program continuously since the 2003-04
school year.
(b) A school initially operating on or after July 1, 2004, may not
operate a Concept 6 program if operation of the program would
increase the number of schools in the district operating a Concept 6
program above the number in operation in the district, on average,
over the preceding two school years.

37682. (a) As a condition of operating a Concept 6 program at a
school in the 2004-05 school year or thereafter, a district shall, by
January 1, 2005, present to the department a comprehensive action
plan detailing the strategy and steps to be taken annually to
eliminate the use of the Concept 6 program as soon as practicable,
and no later than July 1, 2012. Except as provided in subdivision
(b), the action plan shall include all of the following:
(1) An analysis of the factors relating to the district's current
and projected operation of the Concept 6 program including, but not
limited to, demographic forecasts, space use and needs, class sizes,
programmatic constraints, facility construction status, the amount of
funding needed to create additional classroom space, and the
proposed sources of that funding.
(2) A detailed description of the multiple phases of planning and
construction, including site identification, site acquisition,
construction commencement and completion date, and occupancy dates of
projects designed to eliminate use of the Concept 6 program,
including a reasonable projection of the number of additional pupil
seats to be provided through each of the multiple phases of planning
and construction.
(3) Reasonable, districtwide numerical goals against which annual
progress toward eliminating the use of the Concept 6 program can be
measured, including a projection of the number of pupils, if any, the
district estimates will remain on a Concept 6 program on July 1 of
each year through 2012.
(b) If a district projects that it will eliminate the Concept 6
program on or before July 1, 2008, the district shall not be required
to include in its comprehensive action plan the information
contained in paragraphs (2) and (3) of subdivision (a) but, instead,
shall include a narrative explanation of the manner in which it will
accomplish its goal to eliminate the Concept 6 program and shall
project the date that each school in the district will eliminate the
program.
(c) A district may not transport pupils to another school more
than 40 minutes away from the school of residence, other than as
required pursuant to a desegregation plan, as a means to eliminate
the Concept 6 program.

37683. (a) The Superintendent of Public Instruction shall evaluate
a comprehensive action plan submitted by a district and shall make
recommendations to the state board for approval or disapproval of the
plan. The evaluation shall be based on the reasonableness and
practicability of the district in eliminating the Concept 6 program
by the earliest practicable date and no later than July 1, 2012. The
evaluation shall include an analysis of whether adequate sources of
funding have been identified for the projects necessary to eliminate
the program. In considering whether a district has identified
adequate sources of funding, the superintendent shall consult with
the Office of Public School Construction.
(b) If the state board disapproves a comprehensive action plan, it
shall specify the reasons for the disapproval and require the
district to submit a revised plan, within a time specified by the
state board, to address the state board's concerns.

37684. (a) A district operating a Concept 6 program shall report
each January to the Superintendent of Public Instruction, who shall
report to the state board, on progress made in reaching the annual
numerical goals established in its comprehensive action plan. If a
district fails to meet an annual numerical goal, the district shall
identify the specific cause of the failure and amend its
comprehensive action plan to indicate the specific steps that it will
take to remedy that failure so that it will meet its deadline to
eliminate the Concept 6 program as stated in its comprehensive action
plan.
(b) If the district's progress toward meeting its numerical goals
has or is projected to change materially, the district shall file a
supplemental, mid-year report with the Superintendent of Public
Instruction. The report shall describe the nature and cause of the
material change and indicate the specific steps that the district
will take, and the state technical assistance needed, if any, to
address the change. The superintendent shall evaluate the
supplemental, mid-year report and make recommendations to the state
board for approval or disapproval. The evaluation shall be based on
the reasonableness and practicability of the district to reach its
annual goals and eliminate the Concept 6 program by the earliest
practicable date, and no later than July 1, 2012. If the state board
disapproves a report, it shall specify the reasons for disapproval
and require the district to submit a revised report, within a
timeframe specified by the state board, to address the concerns
raised by the state board.

37685. (a) A district that plans to operate a Concept 6 program
after June 30, 2006, shall, by July 1, 2006, and by July 1 of any
succeeding year in which it plans to operate a Concept 6 program, as
a condition of operating that program, submit evidence in writing to
establish to the satisfaction of the Superintendent of Public
Instruction that substantial progress has been made toward meeting
its annual numerical goals as stated in its comprehensive action
plan.
(b) The superintendent shall evaluate the written submission to
determine whether the district has made substantial progress toward
meeting its goals and shall submit a report to the state board.

37686. (a) If a district fails to meet its annual numerical goals
for any two consecutive years between 2005 and 2012, the district
shall be prohibited from all the following until the district
achieves substantial progress toward meeting its annual numerical
goals:
(1) Approving any new construction or new portable classroom other
than a project directly designed to eliminate the use of the Concept
6 program or to reduce reliance on capacity-related busing that
transports pupils more than 40 minutes to or from school.
(2) To the extent permitted by law, designating revenues from
developer fees for any purpose not directly related to eliminating
the Concept 6 program or reducing reliance on capacity-related
busing.
(3) Approving the issuance of a Certificate of Participation for
any school facilities-related purpose not directly related to the
elimination of the Concept 6 program or reducing reliance on
capacity-related busing.
(b) Subdivision (a) does not preclude a district from using
funding from any source for a project that is eligible for hardship
funding approved by the State Allocation Board pursuant to Article 8
(commencing with Section 17075.10) of Chapter 12.5 of Part 10.

37687. (a) A district that plans to operate a Concept 6 program
after June 30, 2009, shall by July 1 of 2009, and by July 1 of any
succeeding year in which it plans to operate a Concept 6 program,
submit evidence in writing to establish to the satisfaction of the
Superintendent of Public Instruction that it has developed a specific
school building plan to provide adequate pupil capacity to eliminate
the Concept 6 program by the earliest practicable date and no later
than July 1, 2012.
(b) The superintendent shall evaluate the written submission to
determine whether the district has developed a specific school
building plan and shall submit a report to the state board.

37688. (a) If on or after July 31, 2008, and any succeeding year in
which a district operates a Concept 6 program, the state board finds
that a district has failed to make substantial progress in
eliminating the Concept 6 program, or if on or after July 31, 2009,
and any succeeding year in which a district operates a Concept 6
program, the state board finds that a district has failed to develop
a specific school building plan, the state board shall hold a public
hearing to determine the cause of the failure and the remedies to be
undertaken by the state board to ensure elimination of the Concept 6
program by the earliest practicable date and no later than July 1,
2012.
(b) Prior to the public hearing, the Superintendent of Public
Instruction and the State Allocation Board shall each provide a
written analysis and opinion to the state board as to the cause of
the failure and the remedies proposed to be undertaken. The State
Allocation Board shall render its opinion based upon a written
analysis prepared by the Office of Public School Construction. The
district may submit its own analysis as to the cause of the failure
and remedies it proposes to be undertaken.
(c) After the public hearing, the state board shall adopt a
remedial plan that the district shall follow to ensure elimination of
the Concept 6 program by the earliest practicable date and no later
than July 1, 2012.
(d) (1) If the state board determines that the failure of a
district to achieve substantial progress or develop a specific school
building plan is due to circumstances beyond the control of the
district, the remedial plan adopted by the state board may provide
for technical assistance to the district from the department, the
Office of Public School Construction, or the Division of the State
Architect. The remedial plan may also recommend action for state
financial assistance necessary to enable the district to eliminate
the Concept 6 program by the earliest date practicable and no later
than July 1, 2012.
(2) If the state board determines that the failure of the district
to achieve substantial progress or develop a specific school
building plan is not due to circumstances beyond the control of the
district, but due to its failure to act diligently to plan for the
elimination of the Concept 6 program or to execute its comprehensive
action plan, the remedial plan shall mandate at least quarterly
review and oversight of the district by the department. The remedial
plan may also include any of the measures described in paragraph (1)
or other measures as the state board deems necessary to enable the
district to eliminate the Concept 6 program by the earliest date
practicable and no later than July 1, 2012.

37689. (a) In addition to Section 37688, on or after July 31, 2009,
if the state board determines that the failure of a district to
achieve substantial progress or develop a specific school building
plan is not due to circumstances beyond the control of the district,
but due to its failure to act diligently to plan for the elimination
of the Concept 6 program or to execute its comprehensive action plan,
the board shall hold a public hearing to determine whether the state
board should implement direct oversight of the district's facilities
construction program.
(b) If the state board determines that direct oversight is
necessary, the state board shall implement the oversight within 90
days of that determination.
(1) Direct oversight by the state board shall consist of assigning
a monitor to the district who shall report to the state board at
each of its regularly scheduled meetings on progress made by the
district in working toward the elimination of the Concept 6 program.
The monitor shall have relevant experience in engineering,
construction, or management of major public works projects and shall
have the resources and authority to contract with appropriate
professionals in the fields of program management, project
management, and finance. In selecting a monitor, the state board
shall receive nominees from, and consult with, the superintendent of
the district, the Office of Public School Construction, and the
citizens' oversight committee of the district, established under
Section 15278.
(2) The monitor shall make recommendations to the district with
respect to the planning and implementation of its school construction
program. The district shall follow the recommendations of the
monitor unless the district shows, to the satisfaction of the state
board, good cause for not doing so. The district shall notify the
state board if it disputes a recommendation and the state board shall
hold a public hearing to hear and decide the dispute within 30 days
of receiving the notice.
(3) The district and the citizens' oversight committee shall have
an opportunity to appear at the public hearing and provide written or
oral testimony to support their positions.
(4) A recommendation of the monitor that is mandatory, as opposed
to prohibitory, shall be stayed during the time the dispute is before
the state board.
(5) Upon the conclusion of the public hearing, the state board
shall direct the district to implement the recommendations of the
monitor if it finds, in consultation with the Office of Public School
Construction, that the district lacks good cause for failing to
implement the recommendations.

37690. All reports required by a district to be submitted to a
state agency pursuant to this article shall be made available to the
public. An interested party shall be permitted to submit comments
regarding a report to the appropriate state agency within a
reasonable time following the submission of the report to that state
agency.

37691. A Concept 6 program conducted pursuant to this article is
eligible for apportionment from the State School Fund.

37692. On or before July 1, 2008, the department, in consultation
with the Office of Public School Construction, shall conduct a survey
to determine whether the school districts operating Concept 6
programs will phase out the program by the 2009-10 fiscal year and
shall submit a copy of the results of the survey to the Assembly
Committee on Education, the Senate Committee on Education, and the
Department of Finance. Based on the survey, the Legislature shall
determine whether to repeal the authority to operate a Concept 6
program prior to July 1, 2012.

37693. (a) A Concept 6 program may not be operated after July 1,
2012, or such earlier date as may be prescribed by the Legislature
pursuant to Section 37692.
(b) Although the Concept 6 program is authorized until July 1,
2012, it is the intent of the Legislature that all school districts
eliminate the Concept 6 program as soon as practicable.

37694. A school district operating a Concept 6 program is exempt
from the requirements of Section 37202.

37695. (a) A pupil participating in a Concept 6 program shall not
be credited with more than one day of attendance in any calendar day,
except as permitted in Section 46140.
(b) Average daily attendance generated at a regular elementary,
junior high, or high school operated pursuant to this article shall
be calculated as prescribed in subdivision (a) of Section 41601.
(c) Notwithstanding Section 37640, subdivision (a) of Section
41601, and any other law, the number of days taught in one or more
late entry makeup classes in which a pupil in a Concept 6 program is
enrolled shall be disregarded, at the option of a school district, in
calculating the number of days taught in the calculation of average
daily attendance of that district for any school year, if the pupil
entered the Concept 6 program after September 1 of that school year
and the track in which the pupil is enrolled began instruction in
July or August of that school year. For purposes of this subdivision,
"late entry makeup class" is a class in which a pupil in a Concept 6
program is enrolled in order to compensate for the pupil's late
enrollment in that program. The number of days taught that are
disregarded under this subdivision shall not exceed the number of
schooldays occurring in the school year prior to September 1 in the
track in which the pupil is enrolled, reduced by the number of
schooldays, if any, occurring in a program operating under the
traditional school calendar in which the pupil was enrolled in that
school district in the same school year prior to the date upon which
the pupil is first enrolled in the Concept 6 program.