SECTIONS 52080-52090 - California Statutes

EDUCATION CODE

SECTION 52080-52090

52080. This chapter shall be known and may be cited as the
Morgan-Hart Class Size Reduction Act of 1989.

52081. The following entities shall not be eligible to participate
in the Program to Reduce Class Size in Two Courses in Grade 9:
(a) County boards of education.
(b) County superintendents of schools.

52082. Except as otherwise provided by subdivisions (a) and (b) of
Section 52081, any school district that maintains grade 9, may apply
to the Superintendent of Public Instruction for an apportionment to
implement a Program to Reduce Class Size in Two Courses in Grade 9.

52084. A school district's application to implement a program
pursuant to this chapter shall comprise the following:
(a) Certification that the grade 9 course or the two grade 9
courses included in the program count toward completion of the
graduation requirements established in subparagraph (A), (B), (C), or
(D) of paragraph (1) of subdivision (a) of Section 51225.3;
provided, however, that one of the courses included in the program
shall be English.
(b) Certification of the number of grade 9 classes included in the
program in the courses designated pursuant to subdivision (a).
(c) Certification that the classes identified pursuant to
subdivision (b) in each participating school shall on the average
have no more than 20 pupils per certificated teacher and no more than
22 pupils in any participating class.
(d) Certification of pupil enrollment in each class designated
pursuant to subdivision (b), as determined pursuant to regulations
authorized pursuant to subdivision (h). For purposes of this
subdivision, the enrollment figure shall exclude both of the
following:
(1) The number of special education pupils enrolled in special day
classes on a full-time basis.
(2) The number of pupils enrolled in necessary small schools that
receive funding pursuant to Article 4 (commencing with Section 42280)
of Chapter 7 of Part 24.
(e) The district's certification shall include a statement that
implementation of a class size reduction program pursuant to this
chapter has not adversely affected existing class size in courses not
referenced in this chapter.
(f) While it is the intent of the Legislature that this program
not increase the need for additional classroom facilities, a school
district may utilize any funds apportioned pursuant to Section 52086
for the purpose of leasing additional classroom space in order to
reduce overcrowded classroom conditions and to reduce
pupil-to-teacher ratios.
(g) Any program that includes classes in grade 10, 11, or 12 and
that was funded before June 30, 1998, shall continue to be funded for
those other classes unless the school district elects to eliminate
that program. A school district that elects to continue to operate a
class size reduction program in grades 10 to 12, inclusive, shall be
eligible to receive one hundred sixty-five dollars ($165) per pupil
certified pursuant to this chapter as it read on July 1, 1998,
adjusted annually commencing with the 2000-01 fiscal year for the
inflation adjustment calculated pursuant to subdivision (b) of
Section 42238.1, except that total funding shall not exceed the
amount received by the school district for the program for grades 10
to 12, inclusive, in the 1997-98 fiscal year.
(h) The Superintendent of Public Instruction shall recommend, and
the State Board of Education shall adopt, regulations for the
implementation of this chapter no later than October 17, 1998.
(i) The Controller shall include instructions appropriate to the
enforcement of the provisions of this chapter in the audit guide
required by subdivision (a) of Section 14502.

52086. (a) The Superintendent shall apportion to each applicant
district an amount equal to one hundred sixty-five dollars ($165) per
unit of full-year equivalent enrollment reported pursuant to
subdivision (d) of Section 52084 if the district certifies an average
class size of 20 pupils and no more than 22 pupils in each
participating class at each participating school, adjusted annually
commencing with the 2000-01 fiscal year for the inflation adjustment
calculated pursuant to subdivision (b) of Section 42238.1.
(b) Funds apportioned pursuant to this section shall not become
part of a district's revenue limit, and shall be identified as a
separate item of expenditure on any financial reports filed by school
districts with the state pursuant to statute or regulation.
(c) Notwithstanding any other provision of this chapter, a school
district located in the County of Los Angeles, Orange, Riverside, San
Bernardino, San Diego, Santa Barbara, or Ventura may claim funding
pursuant to this chapter for the 2007-08 school year based upon
enrollment counts before the October 2007 fires, for classes in which
the Program to Reduce Class Size in Two Courses in Grade 9 is
implemented if the following criteria are met:
(1) The school district submits a "Request for Allowance of
Attendance because of Emergency Conditions" to the Superintendent
pursuant to Section 46392 and the emergency conditions were caused by
the October 2007 fires.
(2) The school district certifies that it suffered a loss of
enrollment in classes in which the Program to Reduce Class Size in
Two Courses in Grade 9 is implemented and this loss of enrollment is
due to the October 2007 fires and would result in a decrease in
funding that the district receives pursuant to this chapter.

52090. In any fiscal year, if the funds appropriated for the
purposes of this chapter by the Budget Act are insufficient to fully
fund the program pursuant to the formula established in Section
52086, the Superintendent of Public Instruction shall apportion the
available funds on a pro rata basis by applying a deficit factor to
the apportionment calculated for each applicant district pursuant to
Section 52086.