SECTIONS 46390-46392 - California Statutes

EDUCATION CODE

SECTION 46390-46392

46390. Where a school in a district maintaining more than one
school is closed for a part of a term by order of a city or county
board of health or of the State Board of Health, or because of fire,
flood, impassable roads, epidemic, or other emergency, or by an order
provided for in Section 41422, the average daily attendance of the
school shall be estimated separately, as provided in Section 46392,
and added to the average daily attendance of the other schools of the
district.

46391. Whenever any attendance records of any district have been
lost or destroyed, making it impossible for an accurate report on
average daily attendance for the district for any fiscal year to be
rendered, which fact shall be shown to the satisfaction of the
Superintendent of Public Instruction by the affidavits of the members
of the governing board of the district and the county superintendent
of schools, the Superintendent of Public Instruction shall estimate
the average daily attendance of such district. The estimated average
daily attendance shall be deemed to be the actual average daily
attendance for that fiscal year for the making of apportionments to
the school district from the State School Fund.

46392. (a) Whenever the average daily attendance of any school
district, county office of education, or regional occupational center
or program during any fiscal year has been materially decreased
during any fiscal year because of any of the following, the fact
shall be established to the satisfaction of the Superintendent of
Public Instruction by affidavits of the members of the governing
board of the school district or county office of education, and the
county superintendent of schools:
(1) Fire.
(2) Flood.
(3) Impassable roads.
(4) An epidemic.
(5) An earthquake.
(6) The imminence of a major safety hazard as determined by the
local law enforcement agency.
(7) A strike involving transportation services to pupils provided
by a nonschool entity.
(8) An order provided for in Section 41422.
(b) In the event a state of emergency is declared by the Governor
in a county, any decrease in average daily attendance in the county
below the approximate total average daily attendance that would have
been credited to a school district, county office of education, or
regional occupational center or program had the state of emergency
not occurred shall be deemed material. The superintendent shall
determine the length of the period during which average daily
attendance has been reduced by the state of emergency. This period
which is determined by the superintendent shall not extend into the
next fiscal year following the declaration of the state of emergency
by the Governor, except upon a showing by a school district, county
office of education, or regional occupational center or program, to
the satisfaction of the superintendent, that extending the period
into the next fiscal year is essential to alleviate continued
reductions in average daily attendance attributable to the state of
emergency.
(c) The average daily attendance of the district, county office of
education, or regional occupational center or program for the fiscal
year shall be estimated by the superintendent in a manner that
credits to the school district, county office of education, or
regional occupational center or program for determining the
apportionments to be made to the district, county office of
education, or regional occupational center or program from the State
School Fund approximately the total average daily attendance that
would have been credited to the school district, county office of
education, or regional occupational center or program had the
emergency not occurred or had the order not been issued.
(d) This section applies to any average daily attendance that
occurs during any part of a school year.