SECTIONS 37700-37711 - California Statutes

EDUCATION CODE

SECTION 37700-37711

37700. (a) Notwithstanding any other law, the Pacific Unified
School District, the Leggett Valley Unified School District, and the
Reeds Creek Elementary School District may operate one or more
schools in their respective districts on a four-day school week, if
the district complies with the instructional time requirements
specified in Section 37701 and the other requirements of this
chapter.
(b) If a school district operates one or more schools on a
four-day week pursuant to this section and the program for the school
year provides less than the 180 days of instruction required under
Section 46200, the Superintendent of Public Instruction shall reduce
the base revenue limit per unit of average daily attendance for that
fiscal year by the amount the school district would have received for
the increase received pursuant to subdivision (a) of Section 46200,
as adjusted in fiscal years subsequent to the 1984-85 fiscal year. If
a school district operates one or more schools on a four-day school
week pursuant to this section and the program provides less than the
minimum instructional minutes required under Section 46201, the
Superintendent of Public Instruction shall reduce the base revenue
limit per unit of average daily attendance for that fiscal year in
which the reduction occurs by the amount the school district would
have received for the increase in the 1987-88 fiscal year base
revenue limit per unit of average daily attendance pursuant to
paragraph (6) of subdivision (b) of Section 42238, as adjusted in the
1987-88 fiscal year and fiscal years thereafter.
(c) A school district with an exclusive bargaining representative
may operate a school on a four-day school week pursuant to this
section only if the district and the representative of each
bargaining unit of district employees mutually agree to that
operation in a memorandum of understanding.

37701. The school district shall provide on an annual basis, while
operating a school on a four-day school week, not less than 560 hours
of instructional time for kindergarten, not less than 700 hours of
instructional time for grades 1, 2, and 3, and not less than 845
hours of instructional time for grades 4 to 12, inclusive. The school
district may exceed these minimum instructional times except that no
pupil in a kindergarten shall be kept in school more than four hours
in any day, exclusive of recesses. The school day may not exceed
eight hours, nor may the school week be less than four days.

37702. Prior to operating a school on a four-day school week, the
school district shall secure the approval of the governing board of
the district and of any collective bargaining agents representing
employees of the school district.

37703. A school site council in the school district shall be
involved in the planning and evaluation of a four-day school week.

37704. The school district shall consider the impact of the longer
schoolday on primary grade pupils, and the impact of the four-day
school week on working parents who may be required to find child care
services for their schoolage children due to the shortened school
week.

37706. If a school district elects to operate a school on a
four-day school week as authorized by this chapter, the school
district shall be entitled to receive the same support, but not more
support, from the State School Fund due to the average daily
attendance at the schools within the school district that it would
have received if the school district had been operating under the
provisions of law relating to the 175-day school year.

37707. If the school district elects to operate a school on a
four-day school week pursuant to this chapter, the reduced number of
schooldays in the school district shall not affect the rights of
certificated or classified employees of the school district with
regard to classification, tenure, or notice, and shall not otherwise
affect the contract rights of the employees.

37710. If a school operating on a four-day school week pursuant to
Section 37710.3, 37710.5, or 37711 fails to achieve its Academic
Performance Index growth target pursuant to Section 52052, the
authority of that school to operate on a four-day school week shall
be permanently revoked commencing with the beginning of the following
school year.

37710.3. (a) Beginning in the 2010-11 fiscal year, the Alpaugh
Unified School District may operate one or more schools in the school
district on a four-day school week if the district complies with the
instructional time requirements in Section 37701 and the other
requirements of this chapter. The state board may waive
five-consecutive-day operating requirements for any of the following
programs that operate on a four-day school week pursuant to this
section, provided that the district meets the minimum time
requirement for each program:
(1) Preschools.
(2) Before and after school programs.
(3) Independent study programs.
(4) Child nutrition and food service programs.
(5) Community day schools.
(6) Regional occupational centers or programs.
(7) Continuation high schools.
(b) If the school district operates one or more schools on a
four-day school week pursuant to this section, and the program for
the school year provides fewer than the 180 days of instruction
required under Section 46200, the Superintendent shall reduce the
base revenue limit per unit of average daily attendance for that
fiscal year by the amount the school district would have received for
the increase received pursuant to subdivision (a) of Section 46200,
as adjusted in fiscal years subsequent to the 1984-85 fiscal year. If
the school district operates one or more schools on a four-day
school week pursuant to this section, and the program provides fewer
than the minimum instructional minutes required under Section 46201,
the Superintendent shall reduce the base revenue limit per unit of
average daily attendance for that fiscal year in which the reduction
occurs by the amount the school district would have received for the
increase in the base revenue limit per unit of average daily
attendance pursuant to subdivision (a) of Section 46201, as adjusted
in the 1987-88 fiscal year and fiscal years thereafter.
(c) Notwithstanding Section 37710, if a small school having
between 11 and 99 valid Standardized Testing and Reporting Program
test scores operating on a four-day school week fails to achieve its
Academic Performance Index growth target pursuant to Section 52052
for two consecutive years, the authority of that school to operate on
a four-day school week shall be permanently revoked commencing with
the school year following the second consecutive year the school
failed to achieve its Academic Performance Index growth rate.
(d) If the school district operates one or more schools on a
four-day school week pursuant to this section, the school district
shall submit a report to the department, the Senate Committee on
Education, and the Assembly Committee on Education on or before
January 15, 2015. The report shall include, but not necessarily be
limited to, information on all of the following:
(1) Programs the district offered on the fifth schoolday and their
participation rates.
(2) Whether the four-day school week schedule resulted in any
fiscal savings.
(3) Impact on overall attendance of the schools operating a
four-day school week.
(4) Programs for which the state board waived minimum time and
five-consecutive-day requirements and the operational and educational
effects of the programs if they operated at less time than required.
(5) The impact of the four-day school week on crime statistics,
especially on the day on which school would otherwise be in session.
(6) Information on the Academic Performance Index, pursuant to
Section 52052, for every year a school in the district operated on a
four-day school week. The information shall include, but not
necessarily be limited to, the base and growth Academic Performance
Index of each school that operated on a four-day school week and
whether that school met the Academic Performance growth targets.
(e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.

37710.5. (a) Beginning in the 2009-10 fiscal year, the Potter
Valley Community Unified School District may operate one or more
schools in the school district on a four-day school week if the
district complies with the instructional time requirements specified
in Section 37701 and the other requirements of this chapter. The
State Board of Education may waive five-consecutive-day operating
requirements for any of the following programs that operate on a
four-day week pursuant to this section, provided that the district
meets the minimum time requirement for each program:
(1) Preschools.
(2) Before and after school programs.
(3) Independent study programs.
(4) Child nutrition and food service programs.
(5) Community day schools.
(6) Regional occupational centers or programs.
(7) Continuation high schools.
(b) If the school district operates one or more schools on a
four-day week pursuant to this section, and the program for the
school year provides fewer than the 180 days of instruction required
under Section 46200, the Superintendent shall reduce the base revenue
limit per unit of average daily attendance for that fiscal year by
the amount the school district would have received for the increase
received pursuant to subdivision (a) of Section 46200, as adjusted in
fiscal years subsequent to the 1984-85 fiscal year. If the school
district operates one or more schools on a four-day school week
pursuant to this section, and the program provides fewer than the
minimum instructional minutes required under Section 46201, the
Superintendent shall reduce the base revenue limit per unit of
average daily attendance for that fiscal year in which the reduction
occurs by the amount the school district would have received for the
increase in the base revenue limit per unit of average daily
attendance pursuant to subdivision (a) of Section 46201, as adjusted
in the 1987-88 fiscal year and fiscal years thereafter.
(c) If the school district operates one or more schools on a
four-day school week pursuant to this section, the school district
shall submit a report to the department, the Senate Committee on
Education and the Assembly Committee on Education on January 15,
2014. The report shall include, but not necessarily be limited to,
information on the following:
(1) Programs the district offered on the fifth day and their
participation rates.
(2) Whether the four-day school week schedule resulted in any
fiscal savings.
(3) Impact on overall attendance of the schools operating a
four-day school week.
(4) Programs for which the Superintendent waived minimum time and
five-consecutive-day requirements and the operational and educational
effect of the programs if they operated at less time than required.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.

37711. Beginning in the 2004-05 fiscal year, the following school
districts in San Diego County may operate one or more schools in
their respective districts on a four-day school week if the districts
comply with the instructional time requirements specified in Section
37701 and the other requirements of this chapter:
(a) Borrego Springs Unified School District.
(b) Julian Union Elementary School District.
(c) Julian Union High School District.
(d) Warner Unified School District.