SECTIONS 48660-48667 - California Statutes

EDUCATION CODE

SECTION 48660-48667

48660. The governing board of a school district may establish one
or more community day schools for pupils who meet one or more of the
conditions described in subdivision (b) of Section 48662. A community
day school may serve pupils in any of kindergarten and grades 1 to
6, inclusive, or any of grades 7 to 12, inclusive, or the same or
lesser included range of grades as may be found in any individual
middle or junior high school operated by the district. If a school
district is organized as a district that serves kindergarten and
grades 1 to 8, inclusive, but no higher grades, the governing board
of the school district may establish a community day school for any
kindergarten and grades 1 to 8, inclusive, upon a two-thirds vote of
the board. It is the intent of the Legislature, that to the extent
possible, the governing board of a school district operating a
community day school for any of kindergarten and grades 1 to 8,
inclusive, separate younger pupils from older pupils within that
community day school. Except as provided in Section 47634, a charter
school may not receive funding as a community day school unless it
meets all the conditions of apportionment set forth in this article.

48660.1. It is the intent of the Legislature that school districts
operating community day schools to the extent possible include the
following program components:
(a) School district cooperation with the county office of
education, law enforcement, probation, and human services agencies
personnel who work with at-risk youth.
(b) Low pupil-teacher ratio.
(c) Individualized instruction and assessment.
(d) Maximum collaboration with school district support service
resources, including, but not limited to, school counselors and
psychologists, academic counselors, and pupil discipline personnel.

48660.2. (a) Notwithstanding any other provision of law, and as a
condition of receiving apportionments under this article, school
districts operating one or more community day schools shall annually
report to the Superintendent, on forms approved by the State Board of
Education, the direct instructional costs and documented support
costs of their community day schools, using definitions included in
the California School Accounting Manual, Part I, as it read on July
1, 1997, except that districts may include in these reports the costs
of rents and leases for facilities used by community day schools and
maintenance and operations costs for facilities used by community
day schools. Each school district that has received approval from the
department to use the standardized account code structure may
satisfy the requirement set forth in this subdivision by reporting
the direct costs of the community day school program, and shall
maintain documentation of all noninstructional costs charged to the
community day school program.
(b) The Superintendent shall do each of the following:
(1) Multiply the total of all funds received by each school
district on behalf of pupils while enrolled in community day schools
by 0.9.
(2) Subtract the total of each school district's costs for
community day schools, as determined pursuant to subdivision (a),
from the amount determined pursuant to paragraph (1).
(3) If the amount determined pursuant to paragraph (2) for a
school district is positive, the Superintendent shall subtract that
amount from the school district's next apportionment.
(c) (1) For purposes of making the computation required by
paragraph (1) of subdivision (b) for the 2004-05 fiscal year, the
"total of all funds received" means the total of all funds received
in the 2002-03 to 2004-05 fiscal years, inclusive.
(2) For purposes of making the computation required by paragraph
(2) of subdivision (b) for the 2004-05 fiscal year, the "school
district's costs" means the school district's costs incurred in the
2002-03 to 2004-05 fiscal years, inclusive.

48661. (a) A community day school shall not be situated on the same
site as an elementary, middle, junior high, comprehensive senior
high, opportunity, or continuation school, except as follows:
(1) When the governing board of a school district with 2,500 or
fewer units of average daily attendance reported for the most recent
second principal apportionment certifies by a two-thirds vote of its
membership that satisfactory alternative facilities are not available
for a community day school.
(2) When the governing board of a school district that is
organized as a district to serve kindergarten and grades 1 to 8,
inclusive, but no higher grades, certifies by a two-thirds vote of
its membership that satisfactory alternative facilities are not
available for a community day school.
(3) When the governing board of a school district that desires to
operate a community day school to serve any of kindergarten and
grades 1 to 6, inclusive, but no higher grades, certifies by a
two-thirds vote of its membership that satisfactory alternative
facilities are not available for a community day school.
(b) A certification made pursuant to this section is valid for not
more than one school year and may be renewed by a subsequent
two-thirds vote of the governing board.

48662. (a) The governing board of a school district that
establishes a community day school shall adopt policies that provide
procedures for the involuntary transfer of pupils to a community day
school.
(b) A pupil may be assigned to a community day school only if he
or she meets one or more of the following conditions:
(1) The pupil is expelled for any reason.
(2) The pupil is probation referred pursuant to Sections 300 and
602 of the Welfare and Institutions Code.
(3) The pupil is referred to a community day school by a school
attendance review board or other district level referral process.
(4) First priority for assignment to a community day school shall
be given to a pupil expelled pursuant to subdivision (d) of Section
48915, second priority shall be given to pupils expelled for any
other reasons, and third priority shall be given for placement to all
other pupils pursuant to this section, unless there is an agreement
that the county superintendent of schools shall serve any of these
pupils.

48663. (a) The minimum schoolday in a community day school is 360
minutes of classroom instruction provided by a certificated employee
of the district reporting the attendance of the pupils for
apportionment funding.
(b) A pupil enrolled in a community day school may not generate
more than one day of community day school attendance credit in a
schoolday for any purpose.
(c) For the purposes of calculating the additional funding
provided to a school district pursuant to Section 48664, only
community day school attendance shall be reported in clock hours.
Attendance of less than five clock hours in a schoolday shall be
disregarded for purposes of Section 48664. Five clock hours of
attendance in one schoolday shall be deemed to be one-half day of
attendance, for purposes of additional funding pursuant to Section
48664. Six clock hours or more of attendance in one schoolday shall
be deemed to be one day of attendance, for purposes of additional
funding pursuant to Section 48664.
(d) Independent study may not be utilized as a means of providing
any part of the minimum instructional day provided pursuant to
subdivision (a).
(e) A community day school's academic programs shall be comparable
to those available to pupils of a similar age in the school
district.

48664. (a) (1) In addition to funds from all other sources, the
Superintendent of Public Instruction shall apportion to each school
district that operates a community day school four thousand dollars
($4,000) per year, and for each county office of education that
operates a community day school three thousand dollars ($3,000) per
year, for each unit of average daily attendance reported at the
annual apportionment for pupil attendance at community day schools,
adjusted annually commencing with the 1999-2000 fiscal year for the
inflation adjustment calculated pursuant to subdivision (b) of
Section 42238.1. Average daily attendance reported for this program
shall not exceed 0.375 percent of a district's prior year P2 average
daily attendance in an elementary school district, 0.5 percent of a
district's prior year P2 average daily attendance in a unified school
district, or 0.625 percent of a district's prior year P2 average
daily attendance in a high school district. The units of average
daily attendance of a community day school operated by a county
office of education shall not exceed the unused units of average
daily attendance of the community day schools operated by the school
districts within the jurisdiction of that county office of education.
(2) The Superintendent of Public Instruction may reallocate to any
school district any unexpended balance of the appropriations made
for the purposes of this subdivision for actual pupil attendance in
excess of the percentage specified in this subdivision for the school
district in an amount not to exceed one-half of that percentage.
However, the average daily attendance generated by pupils expelled
pursuant to subdivision (d) of Section 48915, shall not be subject to
these percentage caps on average daily attendance.
(b) The average daily attendance of a community day school shall
be determined by dividing the total number of days of attendance in
all full school months, by a divisor of 70 in the first period of
each fiscal year, by a divisor of 135 in the second period of each
fiscal year, and by a divisor of 180 at the annual time of each
fiscal year.
(c) The Superintendent of Public Instruction shall apportion to
each school district that operates a community day school an amount
equal to four dollars ($4), adjusted annually commencing with the
1999-2000 fiscal year for inflation pursuant to subdivision (b) of
Section 42238.1, multiplied by the total of the number of hours each
schoolday, up to a maximum of two hours daily, that each community
day school pupil remains at the community day school under the
supervision of an employee of the school district, or a consortium of
school districts pursuant to Section 48916.1, reporting the
attendance of the pupils for apportionment funding following
completion of the full six-hour instructional day.
(d) It is the intent of the Legislature that districts enter into
consortia, as feasible, for the purpose of providing community day
school programs. Any school district with fewer than 2,501 units of
average daily attendance may request a waiver for any fiscal year of
the funding limitations set forth in this section. The Superintendent
of Public Instruction shall approve a waiver if he or she deems it
necessary in order to permit the operation of a community day school
of reasonably comparable quality to those offered in a school
district with 2,501 or more units of average daily attendance. In no
event shall the amount allocated pursuant to a waiver exceed the
amount provided for one teacher pursuant to Section 42284, for pupils
enrolled in kindergarten and grades 1 to 6, inclusive, or the amount
provided for one teacher pursuant to Section 42284, for pupils
enrolled in grades 7 to 12, inclusive. The provisions of this act
shall not apply to any school district that applied for a waiver
within the funding limits established by this subdivision but was
denied funding or not fully funded.
(e) The State Department of Education shall evaluate and report to
the appropriate legislative policy committees and budget committees
on or before October 1, 1998, and for two years thereafter the
following programmatic and fiscal issues:
(1) The number of expulsions statewide.
(2) The number of school districts operating community day
schools.
(3) Status of the countywide plans as defined in Section 48926.
(4) An evaluation of the community day school average daily
attendance funding percentage cap.
(5) Number of small school districts requesting and the number
receiving a waiver under this section.
(6) The effect of hourly accounting under Section 48663 for
purposes of receiving the additional funding under Section 48664.
(7) The number of pupils and average daily attendance served in
community day programs, further identified as the number expelled
pursuant to subdivision (b) of Section 48915, subdivision (d) of
Section 48915, other expulsion criteria, or referred through a formal
district process.
(8) Pupil outcome data and other data as required under Section
48916.1.
(9) Other programmatic or fiscal matters as determined by the
State Department of Education.
(f) The additional funds provided in subdivisions (a), (c), and
(d) shall only be allocated to the extent that funds are appropriated
for this purpose in the annual Budget Act or other legislation, or
both, except for pupils expelled pursuant to subdivision (d) of
Section 48915. For pupils expelled pursuant to subdivision (d) of
Section 48915, the funds apportioned under subdivision (a) are
continuously appropriated from the General Fund to Section A of the
State School Fund.
(g) A one-time adjustment shall be made to the amount specified in
subdivision (a), for the 1998-99 fiscal year and subsequent fiscal
years, by increasing that amount by the statewide average quotient
resulting from dividing the average daily attendance specified in
subparagraph (B) of paragraph (3) of subdivision (a) of Section
42238.8 by the amount specified in subparagraph (C) of paragraph (3)
of subdivision (a) of Section 42238.8.

48666. Notwithstanding any other provision of law, the governing
board of a school district maintaining a community day school may
establish attendance policies for the community day school that
permit the community day school to require pupils to attend school
for up to seven days each week when this action is taken as part of a
directed program designed to provide community day pupils with the
skills and attitudes necessary for success when returned to a regular
school environment.

48667. (a) For the purposes of this article, each county office of
education shall be deemed to be a school district.
(b) The Superintendent of Public Instruction shall use the revenue
limit per unit of average daily attendance of the statewide average
juvenile court school revenue limit per unit of average daily
attendance for a community day school operated by a county office of
education.