SECTIONS 46140-46147 - California Statutes

EDUCATION CODE

SECTION 46140-46147

46140. No pupil in a high school, other than a pupil enrolled in a
regional occupational center or program, evening high school,
continuation high school, or continuation education class, shall be
credited with more than one day of attendance in any calendar day and
nothing in this article shall be construed to the contrary.

46140.1. It is the intent of the Legislature that the term "pupil
in a vocational education program occupationally organized and
conducted under federal approval," as used in Section 46140 as it
read prior to the enactment of Chapter 1230 of the Statutes of 1977,
applies only to pupils in regional occupational programs and centers.
Notwithstanding any provision of law to the contrary, no funds
appropriated by any act enacted prior to or after the enactment of
this section, shall be deemed appropriated or available for
expenditure for purposes of claims for attendance of pupils in
vocational education programs occupationally organized and conducted
under federal approval, other than for attendance of pupils in
regional occupational centers or programs, arising from Section 46140
as it read prior to the enactment of Chapter 1230 of the Statutes of
1977, except for appropriations to fund the Settlement Agreement
entered into on March 4, 1983, by and between the Fullerton Union
High School District and the State Department of Education of the
State of California, the Superintendent of Public Instruction of the
State of California, and the Local Assistance Bureau in connection
with that action otherwise known as Fullerton Union High School
District, et al. v. Wilson Riles, Superintendent of Public
Instruction, et al., Orange County Superior Court No. 33-46-93; and
the Settlement Agreement entered into on March 4, 1983, by and
between Rowland Unified School District and the State Department of
Education of the State of California, the Superintendent of Public
Instruction of the State of California, and the Local Assistance
Bureau in connection with that action otherwise known as Rowland
Unified School District, et al., v. Wilson Riles, Superintendent of
Public Instruction, et al., Los Angeles Superior Court No. C 323905.

46140.5. Any school district which was credited with attendance of
pupils pursuant to Section 46140 under a vocational education program
occupationally organized and conducted under federal approval in
1976-77, other than a regional occupational program or regional
occupational center, may request the county superintendent of schools
to increase the district base revenue limit for fiscal year 1977-78
and fiscal years thereafter by the amount of revenue received on
account of such vocational education attendance in 1976-77. The
county superintendent, upon verification of such amounts, shall
adjust the district's base revenue limit.
As a clarification of the intent of the law, a district, which had
not submitted attendance documents of pupils pursuant to Section
46140 under a vocational education program occupationally organized
and conducted under federal approval in 1976-77, other than a
regional occupational program or regional occupational center, at the
time the attendance reports were originally due, shall not have the
right at a later date to submit amended attendance documents to have
credited this attendance.

46141. The minimum schoolday in any high school, except in an
evening high school, a regional occupational center, an opportunity
school and in opportunity classes, a continuation high school, in
continuation education classes, in late afternoon or Saturday
occupationally organized vocational training programs conducted under
a federally approved plan for vocational education, and for students
enrolled in a work experience education program approved under the
provisions of Article 7 (commencing with Section 51760) of Chapter 5
of Part 28 of this division, is 240 minutes.

46142. (a) The minimum schoolday in any junior high school or high
school described in Section 46141 may be computed by determining the
number of minutes of attendance in any two consecutive schooldays and
dividing that number by two. If the resulting quotient is 240 or
more, the pupils shall be deemed to have complied with Section 46141,
even if the number of minutes attended in any one schoolday is less
than 240, but not less than 180.
(b) No computation authorized by this section shall result in any
increase in state apportionments.

46144. The minimum day in a special day or a Saturday vocational
training program and for a pupil enrolled in a work experience
education program approved under Article 7 (commencing with Section
51760) of Chapter 5 of Part 28, except for a pupil enrolled in a
continuation school or class pursuant to Section 48402, is four
periods totaling at least 180 minutes in duration, except that for a
pupil in an approved work experience program who attends a school,
other than a continuation school or class, in which the regularly
scheduled period is greater than 60 minutes in length, the minimum
day is one or more periods totaling at least 180 minutes in duration.

46145. Commencing with the first semester or quarter that begins
after January 1, 1984, pupils in grade 12 shall be enrolled in at
least five courses each semester or the equivalent number of courses
per quarter. If any pupil in grade 12 is required by medical
prescription to attend school for less than five courses during the
semester or the equivalent number of courses during the quarter, the
average daily attendance allowed for that pupil's attendance shall
bear the same proportion to one day of attendance as the number of
courses in which the pupil is enrolled bears to five or the
equivalent number for the quarter system.
However, this requirement shall not apply to pupils enrolled in
regional occupational programs, regional occupational centers,
courses at accredited postsecondary educational institutions,
independent study, special education programs where the pupil's
individualized education program establishes a different number of
courses, continuation education classes, work experience education
programs approved under the provisions of Article 7 (commencing with
Section 51760) of Chapter 5 of Part 28, or any other course of study
authorized by the governing board which is equivalent to the approved
high school course of study.

46146. (a) A day of attendance in grades 11 and 12 is 180 minutes
of attendance if the pupil is also enrolled part time in classes of
the California State University or the University of California for
which academic credit will be provided upon satisfactory completion
of enrolled courses.
(b) A day of attendance for any pupil who is also a special
part-time student enrolled in a community college under Article 1
(commencing with Section 48800) of Chapter 5 of Part 27 and who will
receive academic credit upon satisfactory completion of enrolled
courses is 180 minutes of attendance.
(c) Notwithstanding any other provisions of law, for purposes of
computing the average daily attendance of a pupil described in
subdivision (a) or (b), the 180-minute minimum schoolday permitted by
this section shall be computed and reported as attendance for
three-quarters of the full 240-minute minimum schoolday prescribed by
Section 46141. Commencing with the 1995-96 fiscal year, if a pupil
described in subdivision (a) or (b) is in attendance for more than
180 minutes, the average daily attendance of the pupil shall be
computed and reported by determining the percentage of the full
240-minute minimum schoolday prescribed by Section 46141 that the
pupil was in attendance at the school. No more than one full day of
attendance may be reported for any pupil for any schoolday pursuant
to this subdivision.

46147. Notwithstanding the 180-minute minimum day requirement of
Section 46144, the governing board of any school district may permit
a 12th-grade pupil in his or her last semester or quarter, as the
case may be, before graduation, who is enrolled in a work experience
education program approved under the provisions of Article 7
(commencing with Section 51760) of Chapter 5 of Part 28 and who would
complete all of the requirements for graduation by attending high
school, except courses of physical education, for less than 180
minutes each day, to attend high school for less than a minimum day
of 180 minutes, upon the written request of a parent or legal
guardian or upon his or her own request if the pupil is 18 years of
age or over. If a pupil attends classes for less than 180 minutes per
day pursuant to this section, the number of minutes actually
attended per day shall be rounded down to the nearest multiple of 60.
The average daily attendance allowed for that pupil's attendance
shall bear the same proportion to one day of attendance as the number
of minutes of attendance per day bears to 180.