SECTIONS 42260-42271 - California Statutes

EDUCATION CODE

SECTION 42260-42271

42260. (a) There is hereby established the Year-Round School Grant
Program to provide financial assistance to both school districts
implementing new multitrack year-round educational programs and
school districts that currently operate those programs.
(b) The grant program shall be administered by the Superintendent
of Public Instruction. The superintendent shall award grants
separately under this article for the implementation of multitrack
year-round school programs and for year-round operation purposes.
(c) The Superintendent of Public Instruction shall establish
criteria for the selection of implementation grant applicants to be
funded. The criteria shall include, but not be limited to, all of the
following:
(1) Severity of school district overcrowding in excess of State
Allocation Board or court-mandated pupil loading standards.
(2) The amount of overcrowding that would be alleviated by the
implementation of multitrack year-round educational programs, as
proposed in the school district's grant application proposal.
(3) The lack of other educationally sound alternatives to
multitrack year-round educational programs to reduce overcrowding in
the applicant school district.
(d) For the purposes of this section, "multitrack year-round
school" means a school that the applicant district demonstrates has
satisfied both of the following criteria:
(1) The pupils are divided into three or more groups or tracks
that rotate attendance so that for a majority of the schooldays
during the school year, at least one group or track is not in
attendance at the school while all other groups or tracks are in
attendance.
(2) The operation of the school on a multitrack year-round
calendar has increased the enrollment capacity of the school.

42261. Commencing in the 1990-91 fiscal year, a school district may
apply for a year-round school grant pursuant to this article, if the
school district demonstrates to the Superintendent of Public
Instruction all of the following:
(a) There is substantial overcrowding in the school district or
its high school attendance areas, as demonstrated by current
enrollment, capacity of facilities, and growth projections.
(b) The school district will use the grant to implement or operate
multitrack year-round educational programs in one or more of its
schools in order to increase the capacity of its facilities.
(c) The school district would be eligible to construct new
facilities under Chapter 12.5 (commencing with Section 17070.10) of
Part 10 absent the use of multitrack year-round educational programs.

42262. (a) Year-round school grants awarded under this article for
purposes of the implementation of multitrack year-round school
programs shall be expended for the following purposes:
(1) Planning, including community activities, necessary for that
implementation.
(2) One-time minor capital outlay and equipment associated with
converting school facilities to multitrack year-round operation.
(3) Deferred maintenance on facilities proposed for multitrack
year-round operation.
(4) Other necessary activities associated with conversion to
multitrack year-round operations, including, but not limited to,
curriculum revision and scheduling changes and staff development.
(b) These implementation grants are available on a one-time basis
for each new multitrack year-round schoolsite, subject to application
approval, in an amount up to twenty-five dollars ($25) per pupil
currently enrolled in the site planned for year-round operation, as
that pupil enrollment is identified in the CBEDS report transmitted
to the State Department of Education by the school district.
For purposes of this subdivision, "CBEDS report" means the report
transmitted by school districts to the State Department of Education
for purposes of the California Basic Education Data System that
exists within the department and is based upon a single annual
collection of data about school staff and pupil enrollment conducted
by the department for reporting, program management, and planning
purposes.
The superintendent may approve all or any portion of an
application for an implementation grant, as described in subdivision
(a) of this section, up to a maximum of one hundred thousand dollars
($100,000) per schoolsite. If the applications submitted exceed the
appropriations available for this purpose, the amount per pupil shall
be prorated by an equal amount.
(c) If a schoolsite does not operate on a multitrack year-round
basis in the second subsequent fiscal year following receipt of a
year-round implementation grant pursuant to this section, the school
district shall repay the implementation grant received for that
schoolsite, plus interest that the repayment amount would have earned
in the Pooled Money Investment Fund, within one year following the
date on which the schoolsite was to begin to operate on a multitrack
year-round basis. If the grant, plus interest, is not repaid within
the one-year period, the Superintendent of Public Instruction shall
withhold the total amount owed pursuant to this subdivision from the
apportionment to be made to that district calculated pursuant to
Section 42238.

42263. (a) Commencing in the 1990-91 fiscal year, year-round school
grants, in addition to those grants authorized under Section 42262,
shall be awarded annually for the operation of multitrack year-round
education programs to school districts that meet the criteria
specified in this section, in addition to the criteria otherwise
applicable under this article.
(b) For each fiscal year, for each schoolsite for which a school
district applies for funding under this article, the district shall
certify the number of pupils in excess of the capacity of the
schoolsite, as determined by State Allocation Board or court-mandated
pupil loading standards, for which the district elects to claim
funding under this article. The excess pupil capacity calculated for
purposes of this subdivision shall reflect only the additional
capacity that has been generated as a result of operation on a
multitrack year-round basis, and shall not reflect increased capacity
generated by any other means. A school district shall be eligible
for funding under this section only as to any schoolsite for which
the pupil population certified by the district exceeds the capacity
of the schoolsite by not less than 5 percent.
(c) To the extent funding is made available for the purposes of
this section, the Superintendent of Public Instruction shall allocate
to an applicant school district, for each schoolsite that qualifies
for funding under subdivision (b), an amount equal to the district's
share of the product of the statewide average cost avoided per pupil,
as established under subdivision (e), and the number of pupils
certified by the district under subdivision (b). For purposes of this
subdivision, a district's share shall be determined according to the
percentage by which the number of certified pupils reflects an
increase in the capacity of the schoolsite, as follows:

District's Share
1. Less than 5% 0%
2. Equal to or greater than 5% but
50%
less than 10%
3. Equal to or greater than 10% but
67%
less than 15%
4. Equal to or greater than 15% but
75%
less than 20%
5. Equal to or greater than 20% but
85%
less than 25%
6. Equal to or greater than 25% 90%

(d) (1) The State Allocation Board shall calculate the statewide
average cost avoided per pupil under Chapter 12.5 (commencing with
Section 17070.10) of Part 10 through the operation of school
facilities on a multitrack year-round basis, based on the following
school facilities cost components:
(A) The cost of facilities construction.
(B) The cost of land acquisition.
(C) Relocation costs in connection with land acquisition.
(D) State costs incurred as a result of interest that would be
paid by the state for debt service on state general obligation bond
financing to construct new school facilities under Chapter 12.5
(commencing with Section 17070.10) of Part 10.
(2) The calculation of costs under subparagraphs (B) and (C) of
paragraph (1) shall exclude data from the lowest quartile and the
highest quartile.
(3) The State Allocation Board shall calculate the statewide
average cost avoided per pupil, pursuant to this subdivision, on the
basis of the 1990-91 and 1991-92 fiscal years and every two-year
period thereafter. No later than December 1, 1992, and biennially
thereafter, the board shall report to the Legislature the result of
its calculation for the prior two-year period.
(e) For the 1990-91 and 1991-92 fiscal years, the "statewide
average cost avoided per pupil," for purposes of this section, shall
be one thousand one hundred fifty-one dollars ($1,151). For the
1992-93 fiscal year, and each fiscal year thereafter, the "statewide
average cost avoided per pupil" shall be established by the statute
that appropriates funding for the purposes of this section for that
fiscal year.

42263.5. (a) For purposes of the calculation of the capacity of the
school as required in subdivision (b) of Section 42263, the
superintendent shall comply with Section 17071.25 and this section.
(b) For purposes of this section, "teaching stations" shall not
include one classroom for each schoolsite with 800 pupils or less,
and two classrooms for each schoolsite with over 800 pupils, if all
of the following conditions are met:
(1) The school is operating on a multitrack year-round educational
program.
(2) A number of pupils, equal to or greater than 30 percent of the
school district's total enrollment in kindergarten and grades 1 to
6, inclusive, are on the multitrack year-round program.
(3) The classroom or classrooms are used during the intersession
for the academic remediation of pupils who are in the multitrack
year-round program.

42265. Notwithstanding subdivision (b) of Section 42260, a district
that applies for funding for the first year of operation of a
schoolsite on a multitrack year-round basis shall be eligible for
funding to the extent that the estimated pupil population certified
by the district exceeds the capacity of the schoolsite by not less
than 5 percent, regardless of whether or not the actual pupil
population is subsequently determined to meet or exceed that excess
capacity standard. The reduction of building area eligibility
required under Section 17746.8 shall apply on the basis of the
estimated, rather than the actual, pupil population certified by the
district for that year of operation.

42266. (a) The funding allocated by the Superintendent of Public
Instruction pursuant to Section 42263 shall be allocated in
accordance with paragraph (5) of subdivision (a) of Section 14041.
(b) Commencing with the 1991-92 fiscal year, the entire amount of
funding to be allocated pursuant to Section 42262 for each fiscal
year shall be allocated no later than December 31 of that fiscal
year.

42267. (a) Each school district that receives funding for a
schoolsite pursuant to Section 42263 for any fiscal year shall report
to the Superintendent of Public Instruction, no later than June 30
of that fiscal year, the number of pupils enrolled for the schoolsite
in excess of the capacity of the schoolsite, as determined by State
Allocation Board or court-mandated pupil loading standards.
(b) The amount of funding otherwise calculated for a schoolsite
for any fiscal year pursuant to Section 42263 shall be reduced by the
superintendent to reflect the extent to which the number of pupils
estimated for that schoolsite for the prior fiscal year is greater
than the number of pupils certified in excess of the capacity of the
schoolsite for that prior fiscal year. If the amount of that
reduction exceeds the funding entitlement for that schoolsite for the
current fiscal year, the superintendent shall reduce the first
principal apportionment to that school district in the current fiscal
year by the amount of that excess.
(c) If the number of pupils estimated for a schoolsite for the
prior fiscal year is less than the number of pupils certified in
excess of the capacity of the schoolsite for that prior fiscal year,
the school district may elect to increase accordingly the number of
pupils it subsequently claims for the prior fiscal year. In that
event, the superintendent shall increase the district's funding
entitlement under Section 42263 for the schoolsite for the current
fiscal year, and the district's building area eligibility under
Chapter 12.5 (commencing with Section 17070.10) of Part 10 shall be
reduced accordingly pursuant to Section 17746.8.

42268. (a) The Superintendent of Public Instruction shall annually
report to the State Allocation Board, for the purposes of Section
17746.8, the number of pupils in excess of capacity certified by the
district pursuant to subdivision (b) of Section 42263, or the number
of pupils prescribed by subdivision (b) of this section, whichever is
greater.
(b) In the first year of funding for a schoolsite under Section
42263, if the number of pupils certified in excess of the capacity of
the schoolsite is less than 5 percent of capacity, the number of
pupils reported by the superintendent shall be equal to 5 percent of
capacity. In the second year of that funding, if the number of pupils
certified in excess of the capacity of the schoolsite is less than
10 percent of capacity, the number of pupils reported by the
superintendent shall be equal to 10 percent of capacity. In the
third, and each subsequent year of that funding, if the number of
pupils certified in excess of the capacity of the schoolsite is less
than 15 percent of capacity, the number of pupils reported by the
superintendent shall be equal to 15 percent of capacity.

42269. (a) The State Department of Education shall, in consultation
with school districts, the Department of Finance, the Legislative
Analyst's Office, and any other affected parties, conduct a study of
the grant program established pursuant to this article to develop an
equitable method of phasing out the program over a multiyear period.
(b) The study conducted pursuant to subdivision (a) shall include,
but not necessarily be limited to, all of the following:
(1) Findings regarding the challenges that school districts face
in implementing a longer school year, mandatory summer school reform,
and other educational reforms in conjunction with a multitrack
year-round educational program.
(2) Analyze the need for school facilities in school districts
that receive funding pursuant to this article.
(3) Determine the eligibility of school districts offering a
multitrack year-round educational program for participation in the
Leroy F. Greene School Facilities Act of 1998.
(4) Identify options for eliminating the grant program established
pursuant to this article.
(5) Identify options to help school districts offering a
multitrack year-round educational program provide the school
facilities necessary to implement educational reforms.
(c) The State Department of Education shall complete the study
conducted pursuant to this section and present its findings to the
Legislature on or before July 1, 2000.

42270. A school district that received a grant pursuant to this
article for the 2007-08 fiscal year shall:
(a) Be exempt from the increase in school building capacity
required pursuant to Section 17071.35.
(b) Have its year-round school grant phased out over a four-year
period. The school district shall receive amounts according to the
following schedule:
(1) For the 2008-09 fiscal year, 80 percent of the amount received
in the 2007-08 fiscal year.
(2) For the 2009-10 fiscal year, 60 percent of the amount received
in the 2007-08 fiscal year.
(3) For the 2010-11 fiscal year, 40 percent of the amount received
in the 2007-08 fiscal year.
(4) For the 2011-12 fiscal year, 20 percent of the amount received
in the 2007-08 fiscal year.
(5) For the 2012-13 fiscal year and each fiscal year thereafter,
zero percent of the amount received in the 2007-08 fiscal year.
(c) Notwithstanding any other law, commencing with the 2008-09
fiscal year, the Superintendent shall not approve new year-round
school grants.

42271. This article shall become inoperative on July 1, 2013, and,
as of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.