SECTIONS 52120-52128.5 - California Statutes

EDUCATION CODE

SECTION 52120-52128.5

52120. There is hereby established the Class Size Reduction
Program.

52121. The following entities are not eligible to participate in
the Class Size Reduction Program:
(a) County boards of education.
(b) County superintendents of schools.

52121.5. Charter schools are eligible for funding pursuant to this
chapter and shall comply with all the requirements of this chapter,
except that for the purposes of subdivision (c) of Section 52123 and
for any other purpose of this chapter, the classroom teacher shall
meet the qualifications specified pursuant to paragraph (5) of
subdivision (b) of Section 47605, and included in the approved
charter, for teachers employed by the charter school. For the
purposes of this chapter, any reference to school districts shall be
deemed to include charter schools.

52122. (a) Except as otherwise provided by Section 52123, any
school district that maintains any kindergarten or any of grades 1 to
3, inclusive, may apply to the Superintendent of Public Instruction
for an apportionment to implement a class size reduction program in
that school district in kindergarten and any of the grades designated
in this chapter.
(b) An application submitted pursuant to this chapter shall
identify both of the following:
(1) Each class that will participate in the Class Size Reduction
Program.
(2) For each class that will participate in the Class Size
Reduction Program, whether that class will operate under Option One
or Option Two:
(A) (i) Option One: A school district shall provide a reduced
class size for all pupils in each classroom for the full regular
schoolday in each grade level for which funding is claimed. For the
purposes of this chapter, "full regular schoolday" means a
substantial majority of the instructional minutes per day, but shall
permit limited periods of time during which pupils are brought
together for a particular phase of education in groups that are
larger than 20 pupils per certificated teacher. It is the intent of
the Legislature that those limited periods of time be kept to a
minimum and that instruction in reading and mathematics not be
delivered during those limited periods of time. For the purposes of
this subparagraph, "class" is defined in the same manner as provided
in the regulations adopted by the Superintendent of Public
Instruction prior to July 1, 1996, pursuant to Sections 41376 and
41378 (subdivision (a) of Section 15103 of Title 5 of the California
Code of Regulations).
(ii) The purpose of the Class Size Reduction Program is to ensure
that children in public school in kindergarten and grades 1 to 3,
inclusive, receive instruction in classrooms where there are not more
than 20 pupils. Except as provided in subdivision (h), in order to
qualify for funding pursuant to this chapter, each class in the Class
Size Reduction Program shall be maintained with an annual average
class size of not more than 20 pupils for the instructional time that
qualifies the class for funding pursuant to this chapter. Nothing in
this chapter shall be construed to prohibit the class size from
exceeding 20 pupils on any particular day, provided that the average
class size for the school year does not exceed 20.
(B) (i) Option Two: A school district shall provide a reduced
class size for all pupils in each classroom for at least one-half of
the instructional minutes offered per day in each grade level for
which funding is claimed. School districts selecting this option
shall primarily devote those instructional minutes to the subject
areas of reading and mathematics. For the purposes of this
subparagraph, "class" is defined in the same manner as provided in
the regulations adopted by the Superintendent of Public Instruction
prior to July 1, 1996, pursuant to Sections 41376 and 41378
(subdivision (a) of Section 15103 of Title 5 of the California Code
of Regulations).
(ii) The purpose of the Class Size Reduction Program is to ensure
that children in public school in kindergarten and grades 1 to 3,
inclusive, receive instruction in classrooms where there are not more
than 20 pupils. Except as provided in subdivision (h), in order to
qualify for funding pursuant to this chapter, each class in the Class
Size Reduction Program shall be maintained with an annual average
class size of not more than 20 pupils for the instructional time that
qualifies the class for funding pursuant to this chapter. Nothing in
this chapter shall be construed to prohibit the class size from
exceeding 20 pupils on any particular day, provided that the average
class size for the school year does not exceed 20.
(c) A school district that intends to implement a class size
reduction program for the 1996-97 school year shall submit an
application for funds pursuant to this chapter to the Superintendent
of Public Instruction not later than November 1, 1996. To receive the
total amount of funding in the 1996-97 school year for which the
school district is eligible pursuant to Section 52126, a school
district shall implement the Class Size Reduction Program by February
16, 1997, within the meaning of paragraph (2) of subdivision (b).
(d) A school district that intends to implement or continue to
implement a class size reduction program for the 1997-98 school year
and any subsequent school year shall submit an application for
funding pursuant to this chapter to the Superintendent of Public
Instruction not later than 90 days after the annual Budget Act is
chaptered, unless otherwise specified in regulations adopted by the
State Board of Education.
(e) For the 1997-98 school year, a school district that is either
implementing or expanding a class size reduction program pursuant to
this chapter may receive funding pursuant to this chapter even if the
new classes for which funding is sought are not implemented at the
beginning of the 1997-98 school year, provided that, for each new
class in the Class Size Reduction Program, all of the following
criteria are met:
(1) The teacher for each new class is hired and placed on the
school district's payroll by November 1, 1997.
(2) Each teacher for a new class has begun to receive the training
required by this chapter on or before February 16, 1998.
(3) All other requirements of this chapter are satisfied by
February 16, 1998, and continue to be satisfied for the remainder of
the 1997-98 school year.
(f) For the 1997-98 school year, the number of new classes in the
Class Size Reduction Program is the number of classes satisfying the
requirements of this chapter minus the number of classes funded in
the Class Size Reduction Program pursuant to this chapter in the
1996-97 school year.
(g) Any school district that chooses to reduce class size through
the use of an early-late instructional program is ineligible to also
use Section 46205, relating to the computation of instructional time
for purposes of the Incentive for Longer Instructional Day and Year,
in any grade level for which class size reduction funding is received
pursuant to this chapter; provided, however, that any school
district that operated under Section 46205 prior to July 1, 1996, may
receive class size reduction funding pursuant to Option One in any
grade level for which class size reduction funding would otherwise be
received pursuant to Option One.
(h) (1) Notwithstanding any other provision of law, a school
district that maintains only one school serving pupils in
kindergarten and grades 1 to 3, inclusive, is eligible to receive
funding under this section on behalf of the school if there are no
more than two classes per participating grade level and the average
class size is no more than 20 pupils in each of the classes
participating in class size reduction at that schoolsite. For
purposes of this subdivision, average class size may be determined by
calculating the total number of pupils enrolled in all classes at
all grade levels in a school that will participate in the Class Size
Reduction Program divided by the total number of classes in the
school. The ratio of pupils to teacher in any class included in the
average shall not exceed the 20 to 1 standard by more than two
pupils.
(2) As a condition of applying for funding under this subdivision,
a governing board shall make a public declaration, either by
adopting a resolution or by issuing a statement in a publicly noticed
open meeting, that it has exhausted all possible alternatives to
averaging and is unable to achieve the 20 to 1 pupil-teacher ratio in
a way that is educationally acceptable.

52122.1. (a) A school district applying to implement the Class Size
Reduction Program in additional classes in the 2000-01 and 2001-02
school years may request that a portion of the maximum operating
funds for which the school district would be eligible if it fully
reduced class size in kindergarten and in grades 1 to 3, inclusive,
pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of
Section 52122, be used for facilities-related costs necessary for new
classes established under this program beyond those established in
the prior school year.
(b) For the 2000-01 school year, an application made pursuant to
this section, the form of which shall be developed by the
Superintendent of Public Instruction not later than April 1, 2001,
shall be submitted by each school district that elects to apply for
funding under this section not later than June 1, 2001, and shall
include certification by the governing board of the school district
that, in the school year for which the application is being
submitted, the school district can show one of the following:
(1) In the 1996-97 fiscal year, the school district received
funding for the Class Size Reduction Facilities Funding Program
pursuant to Chapter 19 (commencing with Section 17200) of Part 10.
(2) The school district is qualified as of the date of the
application for new construction funding under the Leroy F. Greene
School Facilities Act of 1998 (Chapter 12.5 (commencing with Section
17070.10) of Part 10) on a districtwide basis or for the relevant
school attendance area, as defined in Section 17070.15, or the
district is eligible to receive growth funding from another statewide
school construction program.
(3) The school district has insufficient classroom space to house
all the new classes that need to be established in order for the
district to participate in the Class Size Reduction Program contained
in this chapter, as demonstrated through the eligibility calculation
specified in Section 17203, as that section read on January 1, 1999,
that shall be certified by the governing board of the school
district, adjusted to exclude new teaching stations established in
the school year for which the application is being submitted for this
program.
(c) School districts requesting funds for facilities pursuant to
this section are eligible to receive forty thousand dollars ($40,000)
for each new teaching station that is needed to be established for
the purpose of expanding the Class Size Reduction Program in the
2000-01 school year beyond the number of new classes established in
the prior school year pursuant to subparagraph (A) of paragraph (2)
of subdivision (b) of Section 52122.
(1) The maximum amount of funds a school district may receive for
both operation funds, pursuant to subparagraphs (A) and (B) of
paragraph (2) of subdivision (b) of Section 52122, and facility funds
provided by this section, is limited to the number of pupils in
kindergarten through grades 1 to 3, inclusive, multiplied by the
Option One stipend specified in Section 52126.
(2) The maximum apportionment for facilities-related costs
available to a school district under this section shall be calculated
as follows:
(A) Multiply the district's certified enrollment in kindergarten
and grades 1 to 3, inclusive, as of October of the previous school
year by the per pupil stipend established by subdivision (a) of
Section 52126 for the school year for the year in which the
application is being submitted.
(B) Subtract from the amount determined in subparagraph (A) the
product of the number of pupils the district certifies are in a class
that satisfies the provisions of subparagraph (A) of paragraph (2)
of subdivision (b) of Section 52122 during the school year for the
year in which the application is being submitted times the per pupil
stipend for the school year in subdivisions (a) and (c) of Section
52126 for which the application is being submitted.
(C) Subtract from the amount determined in subparagraph (B) the
product of the number of pupils the district certifies are in a class
that satisfies the provisions of subparagraph (B) of paragraph (2)
of subdivision (b) of Section 52122 during the school year for the
year in which the application is being submitted times the per pupil
stipend in subdivisions (b) and (d) of Section 52126 for which the
application is being submitted.
(D) In no case shall a district receive facilities funding of more
than forty thousand dollars ($40,000) per new class that is needed
to expand the Class Size Reduction Program during the school year for
which the application is being submitted.
(3) If, by June 30, of the year in which a facilities grant has
been requested, or by a later date specified in a statute, the State
Department of Education determines that the school district was
eligible to receive facilities grants in excess of the number of
facilities grants actually received, the department may award
additional grants to the school district, to the extent that the
funds are available for this purpose. To determine if funds are
available to a school district for this purpose, the department shall
use the calculations in subparagraphs (A) to (D), inclusive, of
paragraph (2), but adjusted for actual implementation of the Class
Size Reduction Program and yearend enrollment.
(d) For the 2001-02 school year, an application made pursuant to
this section, the form of which shall be developed by the
Superintendent of Public Instruction not later than 30 days after the
Budget Act of 2001 is chaptered, shall be submitted by each school
district that elects to apply for funding under this section not
later than 90 days after the Budget Act of 2001 is chaptered and
shall include certification by the governing board of the school
district that in the 2001-02 school year, the school district can
show one of the following:
(1) In the 1996-97 fiscal year, the school district received
funding for the Class Size Reduction Facilities Funding Program
pursuant to Chapter 19 (commencing with Section 17200) of Part 10.
(2) The school district is qualified as of the date of the
application for new construction funding under the Leroy F. Greene
School Facilities Act of 1998 (Chapter 12.5 (commencing with Section
17070.10) of Part 10) on a districtwide basis or for the relevant
school attendance area, as defined in Section 17070.15, or the
district is eligible to receive growth funding from another statewide
school construction program.
(3) The school district has insufficient classroom space to house
all the new classes that need to be established in order for the
district to participate in the Class Size Reduction Program contained
in this chapter, as demonstrated through the eligibility calculation
specified in Section 17203 as that section read on January 1, 1999,
that shall be certified by the governing board of the school
district, adjusted to exclude new teaching stations established in
the school year for which the application is being submitted for this
program.
(e) School districts requesting funds for facilities pursuant to
this section for the 2001-02 school year are eligible to receive
forty thousand dollars ($40,000) for each new teaching station that
is needed to be established for the purpose of expanding the Class
Size Reduction Program in the 2001-02 school year beyond the number
of new classes established in the prior school year pursuant to
subparagraph (A) of paragraph (2) of subdivision (b) of Section
52122.
(1) The maximum initial amount of funds a school district may
receive for both operation funds, pursuant to subparagraphs (A) and
(B) of paragraph (2) of subdivision (b) of Section 52122, and
facility funds provided by this section, is limited to the number of
pupils in kindergarten through grades 1 to 3, inclusive, multiplied
by the Option One stipend specified in Section 52126.
(2) The maximum initial apportionment for facilities-related costs
available to a school district under this section shall be
calculated as follows:
(A) Multiply the district's certified enrollment in kindergarten
and grades 1 to 3, inclusive, as of October of the previous school
year by the per pupil stipend established by subdivision (a) of
Section 52126 for the school year for the year in which the
application is being submitted.
(B) Subtract from the amount determined in subparagraph (A) the
product of the number of pupils the district certifies will be in a
class which satisfies the provisions of subparagraph (A) of paragraph
(2) of subdivision (b) of Section 52122 during the school year for
the year in which the application is being submitted times the per
pupil stipend for the school year in subdivisions (a) and (c) of
Section 52126 for which the application is being submitted.
(C) Subtract from the amount determined in subparagraph (B) the
product of the number of pupils the district certifies will be in a
class that satisfies the provisions of subparagraph (B) of paragraph
(2) of subdivision (b) of Section 52122 during the school year for
the year in which the application is being submitted times the per
pupil stipend in subdivisions (b) and (d) of Section 52126 for which
the application is being submitted.
(D) In no case shall a district receive facilities funding of more
than forty thousand dollars ($40,000) per new class that is needed
to expand the Class Size Reduction Program during the school year for
which the application is being submitted.
(3) If, by June 30 of the year in which a facilities grant has
been requested, or by a later date specified in a statute, the State
Department of Education determines that the school district was
eligible to receive facilities grants in excess of the number of
facilities grants actually received, the department may award
additional grants to the school district, to the extent that the
funds are available for this purpose. To determine if funds are
available to a school district for this purpose, the department shall
use the calculations in subparagraphs (A) to (D), inclusive, of
paragraph (2), but adjusted for actual implementation of the Class
Size Reduction Program and yearend enrollment.
(f) The funds allocated pursuant to this section shall be
considered to be a loan to the school district receiving the funds.
The following loan repayment provisions shall apply to all
allocations made pursuant to this section:
(1) If the school district is eligible to receive grants pursuant
to the provisions of subparagraph (A) of paragraph (2) of subdivision
(b) of Section 52122 for the 2000-01 or 2001-02 school year and has
satisfied all requirements to receive these funds in the 2000-01 or
2001-02 school year, for all classes for which it received facilities
funding pursuant to this section, as determined by the State
Department of Education, the school district shall not be required to
repay the loan.
(2) If a school district receives funding pursuant to this
section, but has not satisfied the requirements of paragraph (1) for
all classes for which it received facilities funds, the
Superintendent of Public Instruction shall notify the Controller and
school district in writing, and the Controller shall deduct an amount
equal to the portion of the total loan amount received by the school
district under this subdivision for the classes that the school
district failed to reduce the size to 20 or fewer pupils pursuant to
the provisions of subparagraph (A) of paragraph (2) of subdivision
(b) of Section 52122, from the school district's next principal
apportionment or apportionments of state funds to the school
district, other than basic aid apportionments required by Section 6
of Article IX of the California Constitution.
(g) Funds allocated to school districts pursuant to this section
shall be expended solely for the purpose of facilities-related costs
associated with the implementation of the Class Size Reduction
Program contained in this chapter.
(h) Funds shall not be allocated to school districts pursuant to
this section for the purpose of assisting school districts in
implementing Option Two, as set forth in paragraph (2) of subdivision
(b) of Section 52122.
(i) Nothing in this section shall be construed as precluding
school districts from fully implementing class size reduction in
kindergarten and grades 1 to 3, inclusive.
(j) It is the intent of the Legislature that, for each new
teaching station a school district establishes for the purpose of
class size reduction for which the school district did not receive a
facilities grant under this section or any previous appropriation for
this purpose, the school district shall be eligible for facilities
funding from any state general obligation bond measure approved for
that purpose.
(k) For purposes of this section, any reference to school
districts shall be deemed to include any charter school.

52122.5. (a) A school district applying for funds for the 1996-97
or 1997-98 school year to implement a Class Size Reduction Program
pursuant to Option One, as a part of its application for that
funding, may request that the State Board of Education grant the
school district a two-year authorization to have a teacher-pupil
ratio that averages 1 to 20, whether or not each group of 20 pupils
is enrolled in a separate class; provided that there is not less than
one full-time certificated teacher hired for each group of 20 pupils
for each grade level for which Option One funding is requested. The
State Board of Education may grant that authorization even though the
pupils may be in groups of greater than 20 pupils for a portion of
the full regular schoolday. The State Board of Education shall not
renew or extend the authorization granted for any schoolsite pursuant
to this section for any additional period of time. This subdivision
shall not be applicable to applications for funding for the 1998-99
and subsequent school years.
(b) The State Board of Education may grant an authorization to
proceed under subdivision (a) if all of the following requirements
are met:
(1) The schoolsite or schoolsites for which the waiver is
requested is currently operating on a multitrack year-round education
calendar.
(2) The school district has documented to the satisfaction of the
board that special circumstances exist at the schoolsite or
schoolsites, including, but not limited to, the schoolsite or
schoolsites are so crowded that if any additional area at the
schoolsite or schoolsites is utilized for the purposes of providing
the additional facilities necessary to meet the requirements of this
chapter, that utilization would result in a severe impairment of the
adequacy of the education program or programs at that schoolsite or
those schoolsites.
(3) The school district submits a plan demonstrating to the
satisfaction of the board that it will fully meet the requirements of
subparagraph (A) of paragraph (2) of subdivision (b) of Section
52122 pertaining to Option One funding for the grade levels for which
the two-year authorization is requested pursuant to this section
upon the expiration of that authorization.

52122.6. A school district applying for funds to implement a Class
Size Reduction Program, as part of its application for that funding,
may request that the State Board of Education grant the school
district a one-year waiver of subparagraph (A) of paragraph (2) of
subdivision (b) of Section 52122 and subdivision (c) of Section
52123, at a schoolsite or schoolsites. The State Board of Education
may grant the waiver if all of the provisions of this section and
Sections 52122.7 and 52122.8 are met. A school district requesting a
waiver may receive Option One funding at the per pupil amount defined
in subdivision (a) of Section 52126 if all of the following
eligibility requirements are met:
(a) The schoolsite or schoolsites, for which the waiver is
requested, is on a multitrack year-round educational schedule.
(b) A minimum of 40 percent of the school district's enrollment is
on a multitrack year-round educational schedule as reported by the
district from the most recent verifiable pupil data available.
(c) For each acre of the schoolsite or schoolsites for which the
school district is requesting a waiver, the schoolsite has an average
of at least 200 elementary pupils enrolled in instructional programs
that require regular pupil attendance at the site, as reported by
the district from the most recent verifiable pupil and site data
available.
(d) The school district has certified that it has either
reconfigured attendance boundaries in order to implement the Class
Size Reduction Program, or has determined that reconfiguration is
ineffective for purposes of implementing the Class Size Reduction
Program, at the schoolsite or schoolsites for which the waiver is
requested.

52122.7. (a) For each schoolsite that meets eligibility
requirements pursuant to Section 52122.6, the school district shall
submit to the State Board of Education, no later than the time of its
application, a comprehensive plan for a permanent mitigation of the
facilities problems that have prevented the implementation of class
size reduction. This comprehensive plan to mitigate the facilities
impact of class size reduction shall include all of the following:
(1) An assessment of what will be necessary to implement class
size reduction for the current and projected pupils at the site in
kindergarten and grades 1 to 3, inclusive, including the types of
facilities that will be acquired, constructed, or leased to meet the
need.
(2) An overall summary of how the school district will meet the
facilities needs for pupils attending and projected to attend the
schoolsite or schoolsites, including a reasonable timeframe for
completion, and estimates of pupil population growth over the period
of the plan.
(3) Annual measurable benchmarks of progress that will ensure that
the project is completed within the timeframe specified in the plan.
(4) The total cost of the plan for acquiring or constructing the
facilities needed, including, but not necessarily limited to, any
site acquisition, relocation costs, site preparation, construction,
cost of leases, and relocatable classrooms.
(5) A financial plan for completion of the project, including a
range of realistically feasible sources of funding for meeting the
facility needs. The means of financing the plan may include, but are
not necessarily limited to, local general obligation bonds, state
lease revenue bonds, certificates of participation, appropriate
developer fees, and state general obligation bonds. However, the
initial plan shall not include more than 50 percent state funding,
excluding funds from state lease revenue bonds, unless a greater
amount of state funding has been assured.
(b) The plan shall be reviewed by the State Department of
Education and the State Board of Education to ensure that
implementation of the plan would reasonably result in the ability of
the school district to implement class size reduction for the pupils
attending the schoolsite or schoolsites receiving the waiver. The
State Department of Education shall make recommendations to the State
Board of Education regarding the results of its review. The State
Board of Education may grant a waiver to any complete plan that it
deems to be feasible.
(c) For each subsequent year that the school district requests a
continuation of the waiver, the district shall submit with its
application an assessment of the district's progress toward meeting
each of the annual benchmarks in the approved plan for each impacted
site, and a description and review of the educational programs and
configurations used in lieu of reduced class sizes at the site
receiving the waiver as required in subdivision (a) of Section
52122.8.
(d) (1) The State Department of Education and the State Board of
Education shall annually review the progress report and the plan to
ensure that the school district is making progress to achieve the
solution outlined in the plan and that annual benchmarks of progress
have been achieved. The department shall make recommendations to the
board regarding the results of its review of the annual progress
report. The waiver may be continued for each year, not to exceed six
years, that the board determines that the district has achieved the
annual benchmarks for completion of the mitigation plan.
(2) The State Board of Education may require a school district to
revise its plan if the board determines that elements of the original
plan, including the financial plan, are no longer feasible. If the
board determines that the district has not met the annual benchmarks
in the facilities plan, or that the overall intent of the facilities
plan is not being achieved, the waiver shall not be granted.

52122.8. (a) A school district that meets the criteria set forth in
Sections 52122.6 and 52122.7 and that has been granted a waiver by
the State Board of Education for a schoolsite or schoolsites, may
receive Option One funding at the per pupil amount defined in
subdivision (a) of Section 52126 under the following conditions:
(1) The school district hires additional teachers to provide
instruction at each schoolsite for which a waiver is granted so that
the teacher-to-pupil ratio averages 1 to 20, whether or not each
group of pupils is enrolled in a separate class; provided that there
is not less than one full-time certificated teacher hired and
providing instruction for each group of 20 pupils for each grade
level at the site for which a waiver is requested. The State Board of
Education may grant the waiver even though pupils may be housed in
groups of greater than 20 pupils for all, or a portion, of the full
regular schoolday.
(2) The primary focus of the increased teacher-to-pupil ratios at
the site is reading and mathematics instruction.
(3) The school district provides an annual report of how pupils at
the impacted site will be served in enriched teacher-to-pupil ratios
during the time of the waiver.
(4) All requirements of the Class Size Reduction Program contained
in this chapter are met except for those in subparagraph (A) of
paragraph (2) of subdivision (b) of Section 52122 and subdivisions
(c) and (f) of Section 52123.
(b) Notwithstanding paragraph (2) of subdivision (c) of Section
52122.1 and subdivision (d) of Section 52122.1, schoolsites receiving
funding under this section shall be eligible for the facilities loan
program pursuant to Section 52122.1. The district may receive forty
thousand dollars ($40,000) per each new teacher hired for class size
reduction pursuant to this section up to the amount of funding
available pursuant to paragraph (1) of subdivision (c) of Section
52122.1.

52123. A school district's application for funding to implement a
program pursuant to this chapter shall include the district's
certification of each of the following items as a condition to
receiving any apportionment under Section 52126:
(a) Certification of the number of classes in each eligible grade
level selected for a class size reduction apportionment pursuant to
this chapter.
(b) Certification of pupil enrollment, as of October of the
previous calendar year, in each class selected for class size
reduction pursuant to subdivision (a). Classes comprised of special
education pupils enrolled in special day classes on a full-time basis
shall not be included in this program. School districts may not
claim funding pursuant to this chapter for any pupil who is enrolled
in independent study pursuant to Article 5.5 (commencing with Section
51745) of Chapter 5 of Part 28 for the full regular schoolday nor
may school districts claim funding pursuant to this chapter for any
pupil for any portion of the full regular day that the pupil is
enrolled in independent study pursuant to that article. Charter
schools may not claim funding pursuant to this chapter for any pupil
who is enrolled in a program of home study for the full regular
schoolday nor may charter schools claim funding for any pupil for any
portion of the full regular schoolday that the pupil is enrolled in
a program of home study.
(c) (1) Except as provided in paragraph (2), certification that a
certificated teacher has been hired by the school district and is
providing direct instructional services to each class selected for
class size reduction pursuant to this chapter and that there are not
more than 20 pupils per each class.
(2) In a school district that applies for funding pursuant to
subdivision (h) of Section 52122, certification of all of the
following:
(A) A certificated teacher has been hired by the school district
and is providing direct instructional services to each class selected
for class size reduction pursuant to this chapter.
(B) The ratio of pupils to teacher does not exceed the 20 to 1
standard ratio by more than two pupils.
(3) For the purposes of this subdivision, "class" shall be defined
in the same manner as provided in the regulations adopted by the
Superintendent of Public Instruction prior to July 1, 1996, pursuant
to Sections 41376 and 41378 (subdivision (a) of Section 15103 of
Title 5 of the California Code of Regulations).
(d) Certification that the school district has a staff development
program pursuant to Section 52127 and that the program has been
approved by the governing board of the school district.
(e) Certification that the school district will collect and
maintain any data required by the Superintendent of Public
Instruction that will aid in the evaluation of the Class Size
Reduction Program. The data shall include, but not be limited to,
individual test scores or other records of pupil achievement. Any
data collected shall be protected in a manner that will not permit
the personal identification of any pupil or parent.
(f) Commencing with the 1998-99 school year and each school year
thereafter, certification that each class reduced pursuant to this
chapter is housed in either a separate, self-contained classroom or
that the space of each class for each grade level at that schoolsite
provides a square footage per pupil enrolled in each class that is
not less than the average square footage per pupil enrolled in those
grade levels at that schoolsite in the 1995-96 school year.

52124. (a) A school district that implements a class size reduction
program pursuant to this chapter is subject to this section.
(b) A school district may establish a program to reduce class size
in kindergarten and grades 1 to 3, inclusive, and that program shall
be implemented at each schoolsite according to the following
priorities:
(1) If only one grade level is reduced at a schoolsite, the grade
level shall be grade 1.
(2) If only two grade levels are reduced at a schoolsite, the
grade levels shall be grades 1 and 2.
(3) If three grade levels are reduced at a schoolsite, then those
grade levels shall be kindergarten and grades 1 and 2 or grades 1 to
3, inclusive. Priority shall be given to the reduction of class sizes
in grades 1 and 2 before the class sizes of kindergarten or grade 3
are reduced.
(4) If four grade levels are reduced at a schoolsite, then those
grade levels shall be kindergarten and grades 1 to 3, inclusive.
First priority shall be given to the reduction of class sizes in
grades 1 and 2, and second priority shall be given to the reduction
of class size in kindergarten and grade 3. This paragraph shall be
operative only in those fiscal years for which funds are appropriated
expressly for the purposes of this paragraph.
(c) It is the intent of the Legislature to continue to permit the
use of combination classes of more than one grade level to the extent
that school districts are otherwise permitted to use that
instructional strategy. However, a school district that uses a
combination class in a class for which funding is received pursuant
to this chapter shall not claim funding pursuant to this chapter if
the total number of pupils in the combination class, regardless of
grade level, exceeds 20 pupils per certificated teacher assigned to
provide direct instructional services.
(d) The governing board of a school district shall certify to the
Superintendent that it has met the requirements of this section in
implementing its class size reduction program. If a school district
receives funding pursuant to this chapter but has not implemented its
class size reduction program for all grades and classes for which it
received funding pursuant to this chapter, the Superintendent shall
notify the Controller and the school district in writing and the
Controller shall deduct an amount equal to the amount received by the
school district under this chapter for each class that the school
district failed to reduce to a class size of 20 or fewer pupils from
the next principal apportionment or apportionments of state funds to
the district, other than basic aid apportionments required by Section
6 of Article IX of the California Constitution.
(e) Except for a school district participating pursuant to
subdivision (h) of Section 52122, and except as set forth in Section
52124.3, the amount deducted pursuant to subdivision (d) shall be
adjusted as follows:
(1) Twenty percent of the amount to which the district would
otherwise be eligible for each class for which the annual enrollment
determined pursuant to Section 52124.5 is greater than or equal to
20.5 but less than 21.0.
(2) Forty percent of the amount to which the district would
otherwise be eligible for each class for which the annual average
enrollment determined pursuant to Section 52124.5 is greater than or
equal to 21.0 but less than 21.5.
(3) Eighty percent of the amount to which the district would
otherwise be eligible for each class for which the annual average
enrollment determined pursuant to Section 52124.5 is greater than or
equal to 21.5 but less than 21.9.
(4) The amount deducted pursuant to subdivision (d) for each class
for which the annual average enrollment determined pursuant to
Section 52124.5 is greater than or equal to 21.9 shall be the amount
of funding the district received for the class pursuant to this
chapter.
(f) Notwithstanding any other provision of this chapter, a school
district located in the County of Los Angeles, Riverside, San
Bernardino, San Diego, or Ventura may claim funding pursuant to this
chapter for the 2003-04 school year based on enrollment counts before
the October 2003 fires, in classes for which the class size
reduction program is implemented, if the following criteria are met:
(1) The school district submits to the Superintendent a "Request
for Allowance of Attendance because of Emergency Conditions" pursuant
to Section 46392 and the emergency conditions were caused by the
October 2003 fires.
(2) The school district certifies that it suffered a loss of
enrollment in classes in which the class size reduction program is
implemented and this loss of enrollment is due to the October 2003
fires and would result in a decrease in funding that the district
receives pursuant to this chapter.
(g) This section shall become inoperative on July 1, 2014, and as
of January 1, 2015, is repealed, unless a later enacted statute that
is enacted before January 1, 2015, deletes or extends the dates on
which it becomes inoperative or is repealed.

52124. (a) A school district that implements a class size reduction
program pursuant to this chapter is subject to this section.
(b) A school district may establish a program to reduce class size
in kindergarten and grades 1 to 3, inclusive, and that program shall
be implemented at each schoolsite according to the following
priorities:
(1) If only one grade level is reduced at a schoolsite, the grade
level shall be grade 1.
(2) If only two grade levels are reduced at a schoolsite, the
grade levels shall be grades 1 and 2.
(3) If three grade levels are reduced at a schoolsite, then those
grade levels shall be kindergarten and grades 1 and 2 or grades 1 to
3, inclusive. Priority shall be given to the reduction of class sizes
in grades 1 and 2 before the class sizes of kindergarten or grade 3
are reduced.
(4) If four grade levels are reduced at a schoolsite, then those
grade levels shall be kindergarten and grades 1 to 3, inclusive.
First priority shall be given to the reduction of class sizes in
grades 1 and 2, second priority shall be given to the reduction of
class size in kindergarten and grade 3. This paragraph shall be
operative only in those fiscal years for which funds are appropriated
expressly for the purposes of this paragraph.
(c) It is the intent of the Legislature to continue to permit the
use of combination classes of more than one grade level to the extent
that school districts are otherwise permitted to use that
instructional strategy. However, a school district that uses a
combination class in any class for which funding is received pursuant
to this chapter shall not claim funding pursuant to this chapter if
the total number of pupils in the combination class, regardless of
grade level, exceeds 20 pupils per certificated teacher assigned to
provide direct instructional services.
(d) The governing board of a school district shall certify to the
Superintendent that it has met the requirements of this section in
implementing its class size reduction program.
If a school district receives funding pursuant to this chapter but
has not implemented its class size reduction program for all grades
and classes for which it received funding pursuant to this chapter,
the Superintendent shall notify the Controller and the school
district in writing and the Controller shall deduct an amount equal
to the amount received by the school district under this chapter for
each class that the school district failed to reduce to a class size
of 20 or fewer pupils from the school district's next principal
apportionment or apportionments of state funds to the district, other
than basic aid apportionments required by Section 6 of Article IX of
the California Constitution.
(e) This section shall become operative on July 1, 2014.

52124.3. (a) For the 2008-09, 2009-10, 2010-11, and 2011-12 fiscal
years only, the amounts deducted pursuant to subdivision (d) of
Section 52124 shall be as follows:
(1) Five percent of the amount to which the school district would
otherwise be eligible for each class for which the annual average
enrollment determined pursuant to Section 52124.5 is greater than or
equal to 20.5 but less than 21.5.
(2) Ten percent of the amount to which the school district would
otherwise be eligible for each class for which the annual average
enrollment determined pursuant to Section 52124.5 is greater than or
equal to 21.5 but less than 22.5.
(3) Fifteen percent of the amount to which the school district
would otherwise be eligible for each class for which the annual
average enrollment determined pursuant to Section 52124.5 is greater
than or equal to 22.5 but less than 23.0.
(4) Twenty percent of the amount to which the school district
would otherwise be eligible for each class for which the annual
average enrollment determined pursuant to Section 52124.5 is greater
than or equal to 23.0 but less than 25.0.
(5) Thirty percent of the amount to which the school district
would otherwise be eligible for each class for which the annual
average enrollment determined pursuant to Section 52124.5 is greater
than or equal to 25.0.
(b) For the 2008-09, 2009-10, 2010-11, and 2011-12 fiscal years, a
local educational agency is eligible to receive funding pursuant to
this chapter only for the same number of classes for which it had
applied to receive program funding as of January 31, 2009. A local
educational agency that meets these criteria is eligible for reduced
funding under this section only for the number of classes reported on
its 2008-09 operations application and is not eligible for funds
under this chapter for classes in addition to that number.

52124.5. (a) (1) The Controller shall include instructions,
appropriate to the enforcement of subdivision (d) of Section 52124,
in the audit guide required by subdivision (a) of Section 14502.
These instructions shall include, but not necessarily be limited to,
procedures for determining if the annual average class enrollment
exceeds 20.4 for classes for which funding is provided to a school
district pursuant to this chapter. The procedures to determine
average class enrollment shall include criteria for employing
sampling which will satisfy both of the following:
(A) The number of classes to be reviewed shall be based on auditor
judgment, but the selection of classes shall be done randomly.
(B) For each class selected, the sample shall include at least 15
days randomly selected from all instructional days which occurred
between the first day of instruction and April 15, inclusively, of
the school year.
(2) (A) If the auditor concludes from the sample, based on his or
her professional judgment, that average class size for the sampled
classes is more than 20.4 when averaged over a period from the first
day of instruction to April 15 of the school year, then the auditor
shall conduct a more in-depth review. The in-depth review shall be
either of the following:
(i) A review of all instructional days for all classes for which a
district has requested funding pursuant to Section 52126.
(ii) A randomly selected sample of all classes and instructional
days of sufficient size and designed in such a manner that the class
size for each class, when averaged over the period from the first day
of instruction to April 15, that the auditor can conclude that the
average daily class size does not exceed 20 with an error of no more
than 0.4 rate at 95 percent degree of confidence.
(B) The school district shall make the determination as to which
of the two in-depth review methods set forth in subparagraph (A)
shall be used.
(b) The results of the audits conducted for the 1996-97 and
1997-98 school years shall be reported by the Superintendent of
Public Instruction to the Legislature and the Department of Finance
no later than February 1 of the fiscal year subsequent to the audit.

52125. (a) On or before August 1, 1996, the Superintendent of
Public Instruction shall develop a form for the applications by which
school districts may apply for funding pursuant to this chapter.
(b) The State Board of Education may adopt regulations for the
purposes of this chapter as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. For the purposes of the
Administrative Procedure Act, including Section 11349.6 of the
Government Code, the adoption of the regulations shall be deemed to
be an emergency and necessary for the immediate preservation of the
public peace, health and safety, or general welfare, notwithstanding
subdivision (e) of Section 11346.1 of the Government Code.
Notwithstanding subdivision (e) of Section 11346.1, any regulation
adopted pursuant to this section shall not remain in effect more than
180 days unless the State Board of Education complies with all
provisions of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, as required by
subdivision (e) of Section 11346.1 of the Government Code.

52126. The amount of funding that each school district implementing
a Class Size Reduction Program pursuant to this chapter is eligible
to receive shall be computed as follows:
(a) If a school district applies to participate in Option One,
pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of
Section 52122, the Superintendent of Public Instruction shall
apportion to the applicant school district an amount equal to eight
hundred dollars ($800) for each pupil actually enrolled in the
classes in which the school district implements the program, except
that the maximum number of pupils for which a school district may
claim funding for any class shall not exceed 20. The number of pupils
claimed pursuant to this subdivision shall be pupils actually
enrolled in classes participating in the Class Size Reduction Program
and shall not be based on the average size of the classes for any
grade levels for which funding is claimed.
(b) If a school district applies to participate in Option Two,
pursuant to subparagraph (B) of paragraph (2) of subdivision (b) of
Section 52122, the Superintendent of Public Instruction shall
apportion to the applicant school district an amount equal to four
hundred dollars ($400) per pupil actually enrolled in the classes in
which the school district implements the program, except that the
number of pupils in any class for which a school district may claim
funding for the instructional minutes offered shall not exceed 20.
The number of pupils claimed pursuant to this subdivision shall be
pupils actually enrolled in classes participating in the Class Size
Reduction Program and shall not be based on the average size of the
classes for any grade levels for which funding is claimed.
(c) (1) If a school district applies to participate in Option One,
pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of
Section 52122, the Superintendent of Public Instruction shall
apportion to the applicant school district an amount equal to six
hundred fifty dollars ($650) for each pupil actually enrolled in the
classes in which the school district implements the program and at
least one of the following conditions exists:
(A) The requirements of subdivision (e) of Section 52122 have been
satisfied, except for the requirements of either paragraph (1) or
(2), of that subdivision, or both.
(B) The pupil enrolls in the school district after February 16,
1998.
(2) The maximum number of pupils for which a school district may
claim funding for any class does not exceed 20. The number of pupils
claimed pursuant to this subdivision shall be pupils actually
enrolled in classes participating in the Class Size Reduction
Program, and shall not be based on the average size of the classes
for any grade levels for which funding is claimed.
(d) (1) If a school district applies to participate in Option 2,
pursuant to subparagraph (B) of paragraph (2) of subdivision (b) of
Section 52122, the Superintendent of Public Instruction shall
apportion to the applicant district an amount equal to three hundred
twenty-five dollars ($325) for each pupil actually enrolled in the
classes in which the school district implements the program and at
least one of the following conditions exists:
(A) The requirements of subdivision (e) of Section 52122 have been
satisfied, except for the requirements of either paragraph (1) or
(2) of that subdivision, or both.
(B) The pupil enrolls in the school district after February 16,
1998.
(2) The maximum number of pupils for which a school district may
claim funding for any class shall not exceed 20. The number of pupils
claimed pursuant to this subdivision shall be pupils actually
enrolled in classes participating in the Class Size Reduction
Program, and shall not be based on the average size of the classes
for any grade levels for which funding is claimed.
(e) The per pupil amount set forth in subdivisions (a) and (b)
shall be increased annually for inflation by the percentage change
determined pursuant to subdivision (b) of Section 42238.1.
(f) Except for the advance apportionment, the Superintendent of
Public Instruction shall apportion funds to a school district only
after certification that its Class Size Reduction Program has been
implemented for that fiscal year.
(g) The Superintendent of Public Instruction shall apportion funds
for this program in the following manner:
(1) An advance apportionment shall be made following passage of
the annual Budget Act. This apportionment shall be provided to all
school districts that participated in the program in the prior fiscal
year, and shall be limited to 25 percent of the amount computed by
multiplying the appropriate per pupil stipends times the actual
enrollment in each participating class in the prior fiscal year, as
reported by the district pursuant to subdivision (d) of Section
52124.
(2) Each year an apportionment to all applicants shall be made
following receipt of applications submitted pursuant to Section
52123, adjusted as necessary by the amount received pursuant to
paragraph (1). If a school district that participated in this program
in the prior fiscal year fails to submit an application, all funds
apportioned to that school district pursuant to paragraph (1) shall
be deducted from the district's next monthly principal apportionment
payment.
(3) A final adjustment to the amounts paid pursuant to paragraph
(2) shall be made following receipt of the actual enrollment in each
participating class, to be reported by each school district pursuant
to subdivision (d) of Section 52124.
(h) Irrespective of the amount that a school district receives
pursuant to subdivision (a) on the basis of the application it makes
under Section 52123, that district shall not retain any funds it
receives for any class that does not actually meet all of the
requirements of the Class Size Reduction Program.
(i) It is the intent of the Legislature that the total statewide
amount computed for the purposes of this chapter pursuant to this
section, commencing with the 1997-98 fiscal year, be appropriated to
the Superintendent of Public Instruction in the annual Budget Act.

52127. (a) As a condition to receiving an apportionment pursuant to
Section 52126, school districts shall have a staff development
program that requires a certificated teacher who will provide direct
instructional services for a class participating in the school
district's class size reduction program to receive the appropriate
training necessary to maximize the educational advantages of class
size reduction. This training shall include, but not be limited to,
methods for providing each of the following:
(1) Individualized instruction.
(2) Effective teaching, including classroom management, in smaller
classes.
(3) Identifying and responding to pupil needs.
(4) Opportunities to build on the individual strengths of pupils.
(b) School districts may use funds currently received for staff
development or funds received under this chapter to meet the
requirements of this section.

52128. The State Department of Education shall contract for an
independent evaluation of the Class Size Reduction Program to be
completed on or before March 28, 2002. The costs of the evaluation
shall be paid for from funds appropriated to the department in the
Budget Act. The evaluation shall consider the data collected by
school districts pursuant to subdivision (g) of Section 52123. The
evaluation shall determine whether this program has been effective in
improving pupil achievement and shall identify components of a
successful class size reduction program. The evaluation shall be
submitted to the chairpersons of the Joint Legislative Budget
Committee, the Assembly Committee on Budget, the Senate Committee on
Budget and Fiscal Review, the Assembly Committee on Education, and
the Senate Committee on Education, and to the Governor and the
Director of Finance no later than March 28, 2002.

52128.5. (a) Pursuant to the evaluation requirement in Section
52128, the Superintendent of Public Instruction and the State Board
of Education shall develop and submit to the Governor and the
Legislature an evaluation research design on or before November 30,
1997. The primary purpose of the evaluation research design is to
provide the method of assessment for the evaluation of pupil
achievement resulting from the reduction of class size in
kindergarten and grades 1 to 3, inclusive, commencing with the
1996-97 school year.
(b) The evaluation research design shall also include the method
of assessment for the evaluation of secondary issues related to the
Class Size Reduction Program including, but not limited to, the
following:
(1) Teacher and parent satisfaction.
(2) The impact on other education programs, including, impact on
referrals and placements in programs such as the GATE program and
special education.
(3) The effect on school facilities.
(4) The effect on staff development activities.
(5) The impact on the quality of the teaching profession.
(6) The effect on instructional methodologies.
(c) The evaluation research design shall include short-term and
long-term methods of assessment of the implementation and outcomes of
the Class Size Reduction Program over a five-year period.
(d) The evaluation research design shall be developed in
cooperation with an advisory panel for submittal to the State Board
of Education for its approval. The advisory panel shall include
parents, teachers, administrators, school board members, and
representatives from the State Board of Education and the Governor's
Office of Child Development and Education. The advisory panel shall
advise as to the estimated cost and duration of the evaluation.
(e) Costs related to the evaluation research design and advisory
panel shall be funded from the existing Class Size Reduction Program
administrative budget within the State Department of Education.