SECTIONS 46200-46206 - California Statutes

EDUCATION CODE

SECTION 46200-46206

46200. (a) In the 1984-85 fiscal year, for each school district
that certifies to the Superintendent of Public Instruction that it
offers 180 days or more of instruction per school year, the
Superintendent of Public Instruction shall apportion thirty-five
dollars ($35) per unit of average daily attendance, exclusive of
adult average daily attendance, the average daily attendance of
pupils while participating in regional occupation centers or
programs, and average daily attendance for pupils attending summer
school. A multitrack year-round school shall be deemed to be in
compliance with the 180-day requirement if it certifies to the
Superintendent of Public Instruction that it is a multitrack
year-round school and maintains its school for a minimum of 163
schooldays. Each school district that received an apportionment
pursuant to this subdivision in the 1984-85 fiscal year shall add
thirty-five dollars ($35) to the district's base revenue limit per
unit of average daily attendance for the 1985-86 fiscal year.
(b) For any school district that received an apportionment
pursuant to subdivision (a) and that offered less than 180 days, or
offered less than the number of days required in subdivision (a) for
multitrack year-round schools, of instruction in the 1985-86 fiscal
year to the 2000-01 fiscal year, inclusive, and that does not provide
the minimum number of instructional minutes specified in subdivision
(a) of Section 46201 for that fiscal year, the Superintendent of
Public Instruction shall reduce the base revenue limit per unit of
average daily attendance for that fiscal year or years by an amount
attributable to the increase received pursuant to subdivision (a), as
adjusted in fiscal years subsequent to the 1984-85 fiscal year.
(c) For any school district that received an apportionment
pursuant to subdivision (a) and that offers less than 180 days of
instruction or, in multitrack year-round schools, fewer than the
number of days required in subdivision (a) for multitrack year-round
schools, in the 2001-02 fiscal year, or any fiscal year thereafter,
the Superintendent of Public Instruction shall withhold from the
district's revenue limit apportionment for the average daily
attendance of each affected grade level the sum of 0.0056 multiplied
by that apportionment, for each day less than 180, or, in multitrack
year-round schools, for each day less than the number of days
required in subdivision (a) for year-round schools that the district
offered.
(d) For any school district that received an apportionment
pursuant to subdivision (a) and that offered less than 180 days of
instruction as required in subdivision (a) in the 1985-86 fiscal
year, to either the end of the final year of the teacher bargaining
unit contract in force in that district on January 1, 2002,
inclusive, or, if no teacher bargaining unit contract was in force in
that district on January 1, 2002, to the end of the 2001-02 fiscal
year, inclusive, and that provided the minimum number of
instructional minutes in subdivision (a) of Section 46201 during all
of the period applicable to the district pursuant to this
subdivision, subdivision (c) shall not apply until the first fiscal
year following the end of the applicable period of years.

46200.5. (a) In the 1985-86 fiscal year, for each county office of
education that certifies to the Superintendent of Public Instruction
that it offers 180 days or more of instruction per school year of
special day classes pursuant to Section 56364.2, the Superintendent
of Public Instruction shall determine an amount equal to seventy
dollars ($70) per unit of current year second principal apportionment
average daily attendance for special day classes. This computation
shall be included in computations made by the superintendent pursuant
to Chapter 7.2 (commencing with Section 56836) of Part 30.
(b) For any county office of education that received an
apportionment pursuant to subdivision (a) and that offered less than
180 days of instruction in the 1986-87 fiscal year, to the 2000-01
fiscal year, inclusive, and that does not provide the minimum number
of instructional minutes specified in subdivision (a) of Section
46201 for that fiscal year, the Superintendent of Public Instruction
shall reduce the special education apportionment per unit of average
daily attendance for that fiscal year by an amount attributable to
the increase received pursuant to subdivision (a), as adjusted in
fiscal years subsequent to the 1985-86 fiscal year.
(c) For any county office of education that receives an
apportionment pursuant to subdivision (a) and that offers less than
180 days of instruction or in multitrack year-round schools a minimum
of 163 days, in the 2001-02 fiscal year, or any fiscal year
thereafter, the Superintendent of Public Instruction shall withhold
from the county office of education's revenue limit apportionment for
the average daily attendance of each affected grade level the sum of
0.0056 multiplied by that apportionment, for each day less than 180
or, in multitrack year-round schools, for each day less than 163,
that the county office of education offered.
(d) For any county office of education that received an
apportionment pursuant to subdivision (a) and that offered less than
180 days of instruction as required in subdivision (a) in the 1986-87
fiscal year, to either the end of the final year of the teacher
bargaining unit contract in force in that county office on January 1,
2002, inclusive, or, if no teacher bargaining unit contract was in
force in that county office on January 1, 2002, to the end of the
2001-02 fiscal year, inclusive, and that provided the minimum number
of instructional minutes in subdivision (a) of Section 46201.5 during
all of the period applicable to the county office pursuant to this
subdivision, subdivision (c) does not apply until the first fiscal
year following the end of the applicable period of years.

46201. (a) In each of the 1984-85, 1985-86, and 1986-87 fiscal
years, for each school district that certifies to the Superintendent
of Public Instruction that it offers at least the amount of
instructional time specified in this subdivision at a grade level or
levels, the Superintendent of Public Instruction shall determine an
amount equal to twenty dollars ($20) per unit of current year second
principal apportionment regular average daily attendance in
kindergarten and grades 1 to 8, inclusive, and forty dollars ($40)
per unit of current year second principal apportionment regular
average daily attendance in grades 9 to 12, inclusive. This section
shall not apply to adult average daily attendance, the average daily
attendance for pupils attending summer schools, alternative schools,
regional occupational centers and programs, continuation high
schools, or opportunity schools, and the attendance of pupils while
participating in community college or independent study programs.
(1) In the 1984-85 fiscal year, for kindergarten and each of
grades 1 to 12, inclusive, the sum of subparagraphs (A) and (B):
(A) The number of instructional minutes offered at that grade
level in the 1982-83 fiscal year.
(B) One-third of the difference between the number of minutes
specified for that grade level in paragraph (3) and the number of
instructional minutes offered at that grade level in the 1982-83
fiscal year.
(2) In the 1985-86 fiscal year, for kindergarten and each of
grades 1 to 12, inclusive, the sum of subparagraphs (A) and (B):
(A) The number of instructional minutes offered at that grade
level in the 1982-83 fiscal year.
(B) Two-thirds of the difference between the number of minutes
specified for that grade level in paragraph (3) and the number of
instructional minutes offered at that grade level in the 1982-83
fiscal year.
(3) In the 1986-87 fiscal year:
(A) Thirty-six thousand minutes in kindergarten.
(B) Fifty thousand four hundred minutes in grades 1 to 3,
inclusive.
(C) Fifty-four thousand minutes in grades 4 to 8, inclusive.
(D) Sixty-four thousand eight hundred minutes in grades 9 to 12,
inclusive.
(4) In any fiscal year, each school district that receives an
apportionment pursuant to subdivision (a) for average daily
attendance in grades 9 to 12, inclusive, shall offer a program of
instruction that allows each student to receive at least 24 course
years of instruction, or the equivalent, during grades 9 to 12,
inclusive.
(5) For any schoolsite at which programs are operated in more than
one of the grade levels enumerated in subparagraph (B) or (C) of
paragraph (3), the school district may calculate a weighted average
of minutes for those grade levels at that schoolsite for purposes of
making the certification authorized by this subdivision.
(b) (1) If any of the amounts of instructional time specified in
paragraph (3) of subdivision (a) is a lesser number of minutes for
that grade level than actually provided by the district in the same
grade in the 1982-83 fiscal year, the 1982-83 fiscal year number of
minutes for that grade level, adjusted to comply with Section 46111,
shall instead be the requirement for the purposes of paragraphs (1),
(2), and (3) of subdivision (a). Commencing with the 1990-91 fiscal
year, and each fiscal year through the 1995-96 fiscal year, any
school district subject to this subdivision that does not maintain
the number of instructional minutes for a particular grade level that
the school district maintained for the 1982-83 fiscal year, adjusted
to comply with Section 46111, shall not be subject to paragraphs (1)
to (3), inclusive, of subdivision (c) if that school district
maintains at least the minimum number of instructional minutes for
each grade level set forth in paragraph (3) of subdivision (a) in the
1990-91 fiscal year and each fiscal year through the 1994-95 fiscal
year or the 1995-96 fiscal year for districts whose instructional
minutes were adjusted to comply with Section 46111, and thereafter
returns to the number of instructional minutes maintained for each
grade level in the 1982-83 fiscal year.
(2) The Legislature finds and declares that the school districts
to which paragraph (1) is applicable have not offered any less
instructional time than is required of all other school districts and
therefore should not be forced to pay any penalty.
(c) (1) For any school district that receives an apportionment
pursuant to subdivision (a) in the 1984-85 fiscal year and that
reduces the amount of instructional time offered below the minimum
amounts specified in paragraph (1) of subdivision (a) in the 1985-86
fiscal year or any fiscal year thereafter, up to and including the
2000-01 fiscal year, the Superintendent of Public Instruction shall
reduce the base revenue limit per unit of average daily attendance
for the fiscal year in which the reduction occurs by an amount
attributable to the increase in the 1985-86 fiscal year base revenue
limit per unit of average daily attendance pursuant to paragraph (4)
of subdivision (b) of Section 42238, as adjusted in the 1985-86
fiscal year and fiscal years thereafter.
(2) For each school district that receives an apportionment
pursuant to subdivision (a) in the 1985-86 fiscal year and that
reduces the amount of instructional time offered below the minimum
amounts specified in paragraph (2) of subdivision (a) in the 1986-87
fiscal year or any fiscal year thereafter, up to and including the
2000-01 fiscal year, the Superintendent of Public Instruction shall
reduce the base revenue limit per unit of average daily attendance
for the fiscal year in which the reduction occurs by an amount
attributable to the increase in the 1986-87 fiscal year base revenue
limit per unit of average daily attendance pursuant to paragraph (4)
of subdivision (b) of Section 42238, as adjusted in the 1986-87
fiscal year and fiscal years thereafter.
(3) For each school district that receives an apportionment
pursuant to subdivision (a) in the 1986-87 fiscal year and that
reduces the amount of instructional time offered below the minimum
amounts specified in paragraph (3) of subdivision (a) in the 1987-88
fiscal year or any fiscal year thereafter, up to and including the
2000-01 fiscal year, the Superintendent of Public Instruction shall
reduce the base revenue limit per unit of average daily attendance
for the fiscal year in which the reduction occurs by an amount
attributable to the increase in the 1987-88 fiscal year base revenue
limit per unit of average daily attendance pursuant to paragraph (4)
of subdivision (b) of Section 42238, as adjusted in the 1987-88
fiscal year and fiscal years thereafter.
(d) For each school district that receives an apportionment
pursuant to subdivision (a) in the 1986-87 fiscal year and that
reduces the amount of instructional time offered below the minimum
amounts specified in either paragraph (3) of subdivision (a) or
paragraph (1) of subdivision (b), whichever is applicable, in the
2001-02 fiscal year, or any fiscal year thereafter, the
Superintendent of Public Instruction shall withhold from the district'
s revenue limit apportionment for the average daily attendance of
each affected grade level, the sum of that apportionment multiplied
by the percentage of the minimum offered minutes at that grade level
that the district failed to offer.

46201.1. (a) Notwithstanding paragraph (4) of subdivision (b) of
Section 42238, for each school district that received an
apportionment pursuant to subdivision (a) of Section 46201 in the
1985-86 fiscal year, the county superintendent shall, for the 1986-87
fiscal year, add to the district's base revenue limit per unit of
average daily attendance the amount received in the 1985-86 fiscal
year, pursuant to subdivision (a) of Section 46201 divided by the sum
of paragraphs (1) and (2).
(1) The district's average daily attendance for the 1985-86 fiscal
year computed pursuant to Section 42238.5.
(2) The units of average daily attendance in the 1985-86 fiscal
year resulting from pupils attending schools funded pursuant to
Article 4 (commencing with Section 42280).
(b) Notwithstanding paragraph (4) of subdivision (b) of Section
42238, for each school district that received an apportionment
pursuant to subdivision (a) of Section 46201 in the 1984-85 fiscal
year, the county superintendent shall, for calculations or
recalculations of the district's 1985-86 base revenue limit per unit
of average daily attendance, add to the district's base revenue limit
per unit of average daily attendance the amount received in the
1984-85 fiscal year pursuant to subdivision (a) of Section 46201
divided by the sum of paragraphs (1) and (2).
(1) The district's average daily attendance for the 1984-85 fiscal
year computed pursuant to Section 42238.5.
(2) The units of average daily attendance in the 1984-85 fiscal
year resulting from pupils attending schools funded pursuant to
Article 4 (commencing with Section 42280).
(c) Notwithstanding paragraph (3) of subdivision (b) of Section
42238, for each school district that received an apportionment
pursuant to subdivision (a) of Section 46200 in the 1984-85 fiscal
year, the county superintendent shall, for calculations or
recalculations of the district's 1985-86 base revenue limit per unit
of average daily attendance, add to the district's base revenue limit
per unit of average daily attendance the amount received in the
1984-85 fiscal year divided by the sum of paragraphs (1) and (2).
(1) The district's average daily attendance for the 1984-85 fiscal
year computed pursuant to Section 42238.5.
(2) The units of average daily attendance for the 1984-85 fiscal
year resulting from pupils attending schools funded pursuant to
Article 4 (commencing with Section 42280).
(d) Notwithstanding subdivision (b) of Section 46200, for any
school district that received an apportionment pursuant to
subdivision (a) of Section 46200 that offers less than 180 days of
instruction in the 1986-87 fiscal year, the Superintendent of Public
Instruction shall reduce the base revenue limit per unit of average
daily attendance for the 1986-87 fiscal year by an amount
attributable to the increase received pursuant to subdivision (a) of
Section 46200, as adjusted.

46201.2. (a) Commencing with the 2009-10 school year and continuing
through the 2012-13 school year, a school district, county office of
education, or charter school may reduce the equivalent of up to five
days of instruction or the equivalent number of instructional
minutes without incurring the penalties set forth in Sections 41420,
46200, 46200.5, 46201, 46201.5, 46202, and 47612.5. A school
district, county office of education, or charter school shall receive
revenue limit funding based on the adjustments prescribed pursuant
to Section 42238.146 whether or not it reduces the number of
schooldays or instructional minutes.
(b) This section 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.

46201.5. (a) In each of the 1985-86 and 1986-87 fiscal years, for
each county office of education that certifies to the Superintendent
of Public Instruction that, for special day classes pursuant to
Section 56364.2, it offers at least the amount of instructional time
specified in this subdivision, the Superintendent of Public
Instruction shall determine an amount equal to eighty dollars ($80)
in the 1985-86 fiscal year and forty dollars ($40) in the 1986-87
fiscal year per unit of current year second principal apportionment
average daily attendance for special day classes in kindergarten and
grades 1 to 8, inclusive, and one hundred sixty dollars ($160) in the
1985-86 fiscal year and eighty dollars ($80) in the 1986-87 fiscal
year per unit of current year second principal apportionment average
daily attendance for special day classes in grades 9 to 12,
inclusive.
This computation shall be included in computations made by the
superintendent pursuant to Article 2 (commencing with Section
56836.06) of Chapter 7.2 of Part 30.
(1) In the 1985-86 fiscal year:
(A) 34,500 minutes in kindergarten.
(B) 47,016 minutes in grades 1 to 3, inclusive.
(C) 50,000 minutes in grades 4 to 8, inclusive.
(D) 57,200 minutes in grades 9 to 12, inclusive.
(2) In the 1986-87 fiscal year:
(A) 36,000 minutes in kindergarten.
(B) 50,400 minutes in grades 1 to 3, inclusive.
(C) 54,000 minutes in grades 4 to 8, inclusive.
(D) 64,800 minutes in grades 9 to 12, inclusive.
(b) Each county office of education that receives an apportionment
pursuant to subdivision (a) in a fiscal year shall, in the
subsequent fiscal year, add the amount received per pupil to the
county office's base special education apportionment.
(c) For each county office of education that receives an
apportionment pursuant to subdivision (a) in the 1985-86 fiscal year,
and that reduces the amount of instructional time offered below the
minimum amounts specified in paragraph (1) of subdivision (a) in the
1986-87 fiscal year, or any fiscal year thereafter, up to and
including the 2000-01 fiscal year, the Superintendent of Public
Instruction shall reduce the special education apportionment for the
fiscal year in which the reduction occurs by an amount attributable
to the increase in the 1986-87 fiscal year special education
apportionment pursuant to subdivision (b), as adjusted in the 1986-87
fiscal year and fiscal years thereafter.
(d) For each county office of education that receives an
apportionment pursuant to subdivision (a) in the 1986-87 fiscal year
and that reduces the amount of instructional time offered below the
minimum amounts specified in paragraph (2) of subdivision (a) in the
1987-88 fiscal year, or any fiscal year thereafter, up to and
including the 2000-01 fiscal year, the superintendent shall reduce
the special education apportionment for the fiscal year in which the
reduction occurs by an amount attributable to the increase in the
1987-88 fiscal year special education apportionment pursuant to
subdivision (b), as adjusted in the 1987-88 fiscal year and fiscal
years thereafter.
(e) For each county office of education that receives an
apportionment pursuant to subdivision (a) in the 1986-87 fiscal year
and that reduces the amount of instructional time offered below the
minimum amounts specified in paragraph (2) of subdivision (a) in the
2001-02 fiscal year, or any fiscal year thereafter, the
Superintendent of Public Instruction shall withhold from the special
education apportionment for the average daily attendance of each
affected grade level, the sum of that apportionment multiplied by the
percentage of the minimum offered minutes at that grade level that
the county office of education failed to offer.

46201.6. Any school district that elected not to participate in
either or both of the longer-day and longer-year incentive funding
programs set forth in this article may commence participation in, and
begin receiving funding for, either or both of those programs in the
1998-99 or 1999-2000 fiscal years, on the same basis as if it had
participated in the program or programs since July 1, 1984, if the
district meets the requirement of paragraph (3) of subdivision (a) of
Section 46201 in the fiscal year in which it commences participation
and each fiscal year thereafter.

46202. (a) Except as otherwise provided in this section, in fiscal
year 2000-01 and prior, if the governing board of a school district
offers less instructional time than the amount of instructional time
fixed for the 1982-83 fiscal year, the Superintendent of Public
Instruction shall, in that fiscal year, reduce that district's
apportionment by the average percentage increase in the base revenue
limit for districts of similar type and size multiplied by the
district's units of average daily attendance.
(b) Except as otherwise provided in this section, in fiscal year
2001-02 and any fiscal year thereafter, if a school district that
does not participate in the program set forth in this article offers
less instructional time than the amount of instructional time fixed
for the 1982-83 fiscal year, the Superintendent of Public Instruction
shall withhold for that fiscal year, from the district's revenue
limit apportionment for the average daily attendance of each affected
grade level, the amount of that apportionment multiplied by the
percentage of instructional minutes fixed in the 1982-83 school year,
at that grade level, that the district failed to offer.
(c) The Glendora Unified School District shall reinstate the sixth
period, which shall be equivalent to at least 50 minutes of
instruction, effective the start of the second semester of the
1983-84 fiscal year.

46203. Amounts apportioned to school districts pursuant to this
article shall supplement, and not supplant, apportionments received
pursuant to any other provision of law.

46204. The Superintendent of Public Instruction shall reduce the
time periods specified in Sections 46200 and 46201 to the extent that
the superintendent determines that insufficient funds are available
to fund the per pupil amounts prescribed by those sections.

46205. (a) For purposes of this article, instructional time for
school districts conducting early-late instructional programs in
kindergarten and grades 1 to 8, inclusive, shall be computed by
adding the total amount of instructional time provided in each
portion of the early-late instructional programs to the amount of
instructional time offered when all pupils in the class are scheduled
to attend. It is not the intent of the Legislature to disrupt or
restrict early-late instructional programs for pupils in kindergarten
and grades 1 to 8, inclusive.
(b) This section shall be applicable only if the early-late
instructional program was in operation during the 1983-84 fiscal
year, except that the Superintendent of Public Instruction may
approve, based on educational reasons, the application of this
section to programs commencing operation after the 1983-84 fiscal
year.
(c) Notwithstanding any other provision of law, this section is
not applicable to any class in any grade level for which class size
reduction funding is received pursuant to the Class Size Reduction
Program contained in Chapter 6.10 (commencing with Section 52120) of
Part 28; provided, however, that this section may be applicable to
any class in any grade level for which class size reduction funding
is received pursuant to subparagraph (A) of paragraph (2) of
subdivision (b) of Section 52122 if a school district operated under
this section prior to July 1, 1996.

46206. (a) The State Board of Education may waive the fiscal
penalties set forth in this article for a school district or county
office of education that fails to maintain the prescribed minimum
length of time for the instructional school year, minimum number of
instructional days for the school year, or both.
(b) For fiscal penalties incurred as a result of a shortfall on
instructional time in the 2000-01 fiscal year or thereafter, a waiver
may only be granted pursuant to subdivision (a) upon the condition
that the school or schools in which the minutes, days, or both, were
lost, maintain minutes and days of instruction equal to those lost
and in addition to the amount otherwise prescribed in this article
for twice the number of years that it failed to maintain the
prescribed minimum length of time for the instructional school year,
minimum number of instructional days for the school year following
the year, or both, commencing not later than the school year
following the year in which the waiver was granted and continuing for
each succeeding school year until the condition is satisfied.
Compliance with the condition shall be specifically verified in the
report of the annual audit of the school district or county office of
education for each year in which the additional time is to be
maintained. If an audit report for a year in which the additional
time is to be maintained does not verify that the time was provided,
that finding shall be addressed as set forth in Section 41344.
(c) It is the intent of the Legislature that school districts and
county offices of education make every effort to make up any
instructional days and minutes lost during the school year in which
the loss occurred, rather than seeking a waiver pursuant to the
provisions of this section.
(d) The State Board of Education may grant a waiver pursuant to
subdivision (a) without the condition provided in subdivision (b) to
any school district that maintained a single session kindergarten
class in the 1982-83 school year for more than the maximum number of
240 minutes permitted by state law and that, due to the school
district's growth and facilities limitations, is required to operate
two sessions of kindergarten per day in the same classroom.