SECTIONS 41370-41382 - California Statutes

EDUCATION CODE

SECTION 41370-41382

41370. The governing board of each school district shall, except as
may otherwise be specifically provided by law, use all money
apportioned to the district from the State School Fund during any
fiscal year exclusively for the support of the school or schools of
the district for that year.

41371. If at the end of any fiscal year during which the schools of
a school district have been maintained for the period required or
permitted by law, there is standing to the credit of the district an
unexpended balance of money received from the State School Fund, it
may be expended for the payment of claims against the district
outstanding, or it may be expended during the succeeding fiscal year.

41372. For purposes of this section:
(a) "Salaries of classroom teachers" and "teacher" shall have the
same meanings as prescribed by Section 41011 provided, however, that
the cost of all health and welfare benefits provided to the teachers
by the school district shall be included within the meaning of
salaries of classroom teachers.
(b) "Current expense of education" means the gross total expended
(not reduced by estimated income or estimated federal and state
apportionments) for the purposes classified in the final budget of a
school district (except one which, during the preceding fiscal year,
had less than 101 units of average daily attendance) submitted to and
approved by the county superintendent of schools pursuant to Section
42127 for certificated salaries other than certificated salaries for
pupil transportation, food services, and community services;
classified salaries other than classified salaries for pupil
transportation, food services, and community services; employee
benefits other than employee benefits for pupil transportation
personnel, food services personnel, and community services personnel;
books, supplies, and equipment replacement other than for pupil
transportation and food services; and community services, contracted
services, and other operating expenses other than for pupil
transportation, food services, and community services. "Current
expense of education," for purposes of this section shall not include
those expenditures classified as sites, buildings, books, and media
and new equipment (object of expenditure 6000 of the California
School Accounting Manual), the amount expended from categorical aid
received from the federal or state government which funds were
granted for expenditures in a program not incurring any teacher
salary expenditures or requiring disbursement of the funds without
regard to the requirements of this section, or expenditures for
facility acquisition and construction; and shall not include the
amount expended pursuant to any lease agreement for plant and
equipment or the amount expended from funds received from the federal
government pursuant to the "Economic Opportunity Act of 1964" or any
extension of this act of Congress.
There shall be expended during each fiscal year for payment of
salaries of classroom teachers:
(1) By an elementary school district, 60 percent of the district's
current expense of education.
(2) By a high school district, 50 percent of the district's
current expense of education.
(3) By a unified school district, 55 percent of the district's
current expense of education.
If the county superintendent of schools having jurisdiction over
the district determines, on the basis of an audit conducted pursuant
to Section 41020, that a school district has not expended the
applicable percentage of current expense of education for the payment
of salaries of classroom teachers during the preceding fiscal year,
the county superintendent of schools shall, in apportionments made to
the school district from the State School Fund after April 15 of the
current fiscal year, designate an amount of this apportionment or
apportionments equal to the apparent deficiency in district
expenditures. Any amount designated by the county superintendent of
schools shall be deposited in the county treasury to the credit of
the school district, but shall be unavailable for expenditure by the
district pending the determination to be made by the county
superintendent of schools on any application for exemption which may
be submitted to the county superintendent of schools. If it appears
to the governing board of a school district that the application of
the preceding paragraphs of this section during a fiscal year results
in serious hardship to the district, or in the payment of salaries
of classroom teachers in excess of the salaries of classroom teachers
paid by other districts of comparable type and functioning under
comparable conditions, the board may apply to the county
superintendent of schools in writing not later than September 15th of
the succeeding fiscal year for exemption from the requirements of
the preceding paragraphs of this section for the fiscal year on
account of which the application is made. Upon receipt of this
application, the county superintendent of schools shall grant the
district exemption for any amount that is less than one thousand
dollars ($1,000). If the amount is one thousand dollars ($1,000) or
greater, the county superintendent of schools may grant an exemption
from the requirements for the fiscal year on account of which the
application is made. If the exemption is granted by the county
superintendent of schools, the designated moneys shall be immediately
available for expenditure by the school district governing board. If
no application for exemption is made or exemption is denied, the
county superintendent of schools shall order the designated amount or
amount not exempted to be added to the amounts to be expended for
salaries of classroom teachers during the next fiscal year.
The county superintendent of schools shall enforce the
requirements prescribed by this section, and may adopt necessary
rules and regulations to that end.

41374. Notwithstanding any other provision of law to the contrary,
Section 41372 shall not apply to any elementary school district, high
school district, or unified school district, which maintains no
individual class session with pupils in attendance exceeding the
numbers, for the particular grade levels, following:
(a) An elementary school district--twenty-eight (28) pupils.
(b) A high school district--twenty-five (25) pupils.
(c) A unified school district--twenty-eight (28) pupils in respect
to grades kindergarten through 8, inclusive; and twenty-five (25)
pupils in respect to grades 9 through 12, inclusive.
As used in this section the phrase "individual class session"
shall not include any class session held in grades kindergarten
through 8, inclusive, in courses in visual and performing arts,
industrial arts, and physical education. The phrase shall not include
any class session held in grades 9 through 12, inclusive, in courses
in commercial arts, visual and performing arts, industrial arts,
vocational arts, and physical education. The phrase "individual class
session" shall not include any class session held in grades 9
through 12, inclusive, for which two or more individual class groups
which come within the descriptions specified by the first paragraph
of this section and subdivision (a) or (b), or both, are assembled
together in the same room for joint lectures or demonstrations.
Notwithstanding the provisions of subdivisions (b) and (c), grades
7, 8, and 9 of a junior high school shall be deemed to be high
school grades for purposes of this section.

41375. It is the intent and purpose of the Legislature to
encourage, by every means possible, the reduction of class sizes and
the ratio of pupils to teachers in all grade levels in the public
schools, and to urge every effort to this end to be undertaken by the
local school administrative authorities.

41376. The Superintendent of Public Instruction, in computing
apportionments and allowances from the State School Fund for the
second principal apportionment, shall determine the following for the
regular day classes of the elementary schools maintained by each
school district:
(a) For grades 1 to 3, inclusive, he shall determine the number of
classes, the number of pupils enrolled in each class, the total
enrollment in all such classes, the average number of pupils enrolled
per class, and the total of the numbers of pupils which are in
excess of thirty (30) in each class.
For those districts which do not have any classes with an
enrollment in excess of 32 and whose average size for all the classes
is 30.0 or less, there shall be no excess declared. For those
districts which have one or more classes in excess of an enrollment
of 32 or whose average size for all the classes is more than 30, the
excess shall be the total of the number of pupils which are in excess
of 30 in each class having an enrollment of more than 30.
(b) For grades 4 to 8, inclusive, he shall determine the total
number of pupils enrolled, the number of full-time equivalent
classroom teachers, and the average number of pupils per each
full-time equivalent classroom teacher. He shall also determine the
excess if any, of pupils enrolled in such grades in the following
manner:
(1) Determine the number of pupils by which the average number of
pupils per each full-time equivalent classroom teacher for the
current fiscal year exceeds the greater of the average number of
pupils per each full-time equivalent classroom teacher in all the
appropriate districts of the state, as determined by the
Superintendent of Public Instruction, for October 30, 1964, or the
average number of pupils per each full-time equivalent classroom
teacher which existed in the district on either October 30, 1964 or
March 30, 1964, as selected by the governing board.
(2) Multiply the number determined in (1) above by the number of
full-time equivalent classroom teachers of the current fiscal year.
(3) Reduce the number determined in (2) above by the remainder
which results from dividing such number by the average number of
pupils per each full-time equivalent teacher for October 30, 1964, as
determined by the Superintendent of Public Instruction in (1) above.
(c) He shall compute the product obtained by multiplying the
excess number of pupils, if any, under the provisions of subdivision
(a) of this section by ninety-seven hundredths (0.97), and shall
multiply the product so obtained by the ratio of statewide change in
average daily attendance to district change in average daily
attendance. Change in average daily attendance shall be determined by
dividing average daily attendance in grades 1, 2 and 3 reported for
purposes of the first principal apportionment of the current year by
that reported for purposes of the first principal apportionment of
the preceding year.
(d) If the school district reports that it has maintained, during
the current fiscal year, any classes in which there were enrolled
pupils in excess of thirty (30) per class pursuant to subdivision (a)
of this section, and there is no excess number of pupils computed
pursuant to subdivision (b) of this section, he shall decrease the
average daily attendance reported under the provisions of Section
41601 by the product determined under subdivision (c) of this
section.
(e) If the school district reports that it has maintained, during
the current fiscal year, no classes in which there were enrolled
pupils in excess of thirty (30) per class determined pursuant to
subdivision (a) of this section, and there is an excess number of
pupils computed pursuant to subdivision (b) of this section, he shall
make the following computation:
He shall compute the product obtained by multiplying the excess
number of pupils computed pursuant to subdivision (b) of this section
by ninety-seven hundredths (0.97) and shall multiply the product so
obtained by the ratio of statewide change in average daily attendance
to the district change in average daily attendance. He shall
decrease the average daily attendance reported under the provisions
of Section 41601 by the resulting product.
(f) If the school district reports that it has maintained, during
the current fiscal year, any classes in which there were enrolled
pupils in excess of thirty (30) per class determined pursuant to
subdivision (a) of this section, and there is an excess number of
pupils computed pursuant to subdivision (b) of this section, he shall
make the following computation:
He shall add to the product determined under subdivision (c) of
this section, the product determined under subdivision (e) of this
section and decrease the average daily attendance reported under the
provisions of Section 41601 by this total amount.
The governing board of each school district maintaining elementary
schools shall report for the fiscal year 1964-65 and each year
thereafter the information required for the determination to be made
by the Superintendent of Public Instruction under the provisions of
this section in accordance with instructions provided on forms
furnished and prescribed by the Superintendent of Public Instruction.
Such information shall be reported by the school district together
with, and at the same time as, the reports required to be filed for
the second principal apportionment of the State School Fund. The
forms on which the data and information is reported shall include a
certification by each school district superintendent or chief
administrative officer that the data is correct and accurate for the
period covered, according to his best information and belief.
For purposes of this section, a "full-time equivalent classroom
teacher" means an employee of an elementary, high school, or unified
school district, employed in a position requiring certification
qualifications and whose duties require him to teach pupils in the
elementary schools of that district in regular day classes for the
full time for which he is employed during the regular schoolday. In
reporting the total number of full-time equivalent classroom
teachers, there shall be included, in addition to those employees
defined above, the full-time equivalent of all fractional time for
which employees in positions requiring certification qualifications
are required to devote to teaching pupils in the elementary schools
of the district in regular day classes during the regular schoolday.
For purposes of this section, the number of pupils enrolled in
each class means the average of the active enrollment in that class
on the last teaching day of each school month which ends prior to
April 15th of each school year.
The provisions of this section are not applicable to school
districts with less than 101 units of average daily attendance for
the current fiscal year.
Although no decreases in average daily attendance shall be made
for the fiscal year 1964-65, reports are required to be filed under
the provisions of this section, and the Superintendent of Public
Instruction shall notify each school district the amount of the
decrease in state allowances which would have been effected had such
decrease in average daily attendance been applied.
The Superintendent of Public Instruction shall adopt rules and
regulations which he may deem necessary for the effective
administration of this section. Such rules and regulations may
specify that no decrease in average daily attendance reported under
the provisions of Section 41601 shall be made for a school district
on account of large classes due to instructional television or team
teaching, which may necessarily involve class sizes at periods during
the day larger than the standard set forth in this section.

41378. The Superintendent of Public Instruction, in computing
apportionments and allowances from the State School Fund for the
second principal apportionment, shall determine the following for the
kindergarten classes maintained by each school district maintaining
kindergarten classes.
(a) The number of pupils enrolled in each kindergarten class, the
total enrollment in all such classes, and the average number of
pupils enrolled per class.
(b) The total number of pupils which are in excess of thirty-three
(33) in each class having an enrollment of more than thirty-three
(33).
(c) The total number of pupils by which the average class size in
the district exceeds 31.
(d) The greater number of pupils as determined in (b) or (c)
above.
(e) He shall compute the product obtained by multiplying the
excess number of pupils computed pursuant to subdivision (d) of this
section by ninety-seven hundredths (0.97). He shall decrease the
average daily attendance reported under the provisions of Section
41601 by the resulting product.

41381. The State Board of Education may waive the minimum schoolday
requirements of Section 46112 to enable school districts to
establish experimental educational programs in reading and
mathematics. A waiver shall be granted pursuant to this section only
if:
(a) The State Board of Education has approved the experimental
program.
(b) The total weekly minutes of instruction in the experimental
program are equivalent to the total number of minutes per week which
would be required by Section 46112.
Participating school districts shall conduct pretesting and
posttesting of pupils enrolled in such experimental educational
programs to determine the academic achievement of such pupils. Such
tests shall be approved by the State Board of Education.
Participating school districts shall also conduct control testing
programs of pupils not enrolled in such experimental educational
programs. Pupils in the control group shall be selected to be, as
nearly as practicable, comparable in ability and socioeconomic
background to pupils enrolled in the experimental programs.

41382. The principal of any elementary school maintaining
kindergarten classes or regular day classes in grades 1 to 3,
inclusive, may recommend to the governing board of the school
district, or the governing board may adopt a resolution determining,
that an exemption should be granted from any of the provisions of
Section 41376, 41378, or 41379 with respect to such classes on the
basis that such provisions prevent the school and school district
from developing more effective educational programs to improve
instruction in reading and mathematics for pupils in the specified
classes. Upon approval of such recommendation, or the adoption of
such resolution, the governing board shall make application to the
State Board of Education on behalf of the school for an exemption for
such classes from the specified provisions. The State Board of
Education shall grant the application if it finds that the specified
provisions of Section 41376, 41378, or 41379 prevent the school from
developing more effective educational programs to improve instruction
in reading and mathematics for pupils in the specified classes and
shall, upon granting the application, exempt the school district from
the penalty provision of such sections.