37670-37672

EDUCATION CODE
SECTION 37670-37672




37670.  (a) Except as provided in Article 2 (commencing with Section
37680), a school district may operate a program of multitrack
year-round scheduling at one or more schools within the district. A
program of multitrack year-round scheduling may operate at a
schoolsite for as few as 163 days in each fiscal year if the
governing board of the school district adopts a resolution at a
regularly scheduled board meeting certifying that both of the
following criteria are met at the schoolsite:
   (1) The number of annual instructional minutes is not less than
that of schools of the same grade levels utilizing the traditional
school calendar.
   (2) It is not possible for the school to maintain a multitrack
schedule containing the same number of instructional days as are
provided in schools of the district utilizing the traditional school
calendar given the facilities, program, class sizes, and projected
number of pupils enrolled at the schoolsite.
   (b) A certificated employee working under a program described in
this section, except one serving under an administrative or
supervisorial credential who is assigned full time to a school in a
position requiring qualifications for certification, shall work the
same number of days and shall increase the number of minutes worked
daily on a uniform basis.
   (c) A program conducted pursuant to this section is eligible for
apportionment from the State School Fund.



37671.  Schools in programs conducted pursuant to Section 37670
shall be exempted from the requirements of Section 37202.



37672.  (a) No pupil participating in programs as described in
Section 37670 shall be credited with more than one day of attendance
in any calendar day, except as permitted in Section 46140.
   Average daily attendance generated in the regular elementary,
junior high, and high schools operated under Section 37670 shall be
calculated as prescribed in subdivision (a) of Section 41601.
   (b) Notwithstanding Section 37640, subdivision (a) of Section
41601, and any other provision of law, the number of days taught in
one or more late entry makeup classes in which a pupil in a program
of year-round scheduling is enrolled shall be disregarded, at the
option of a school district, in calculating the number of days taught
in the calculation of average daily attendance of that district for
any school year, if the pupil entered the program of year-round
scheduling after September 1 of that school year and the track in
which the pupil is enrolled began instruction in July or August of
that school year. For purposes of this subdivision, "late entry
makeup class" is a class in which a pupil in a program of year-round
scheduling is enrolled in order to compensate for the pupil's late
enrollment in that program. The number of days taught that are
disregarded under this subdivision shall not exceed the number of
schooldays occurring in the school year prior to September 1 in the
track in which the pupil is enrolled, reduced by the number of
schooldays, if any, occurring in a program operating under the
traditional school calendar in which the pupil was enrolled in that
school district in the same school year prior to the date upon which
the pupil is first enrolled in the program of year-round scheduling.
   (c) This subdivision shall only apply to school districts with an
average daily attendance of 100,001 or more pupils that have
installed an individual pupil tracking system and maintain schools on
both the traditional calendar and on year-round calendars. For the
1993-94 and 1994-95 fiscal years, if a pupil transfers to another
school within the district, other than a transfer initiated by the
district, the pupil's average daily attendance shall be calculated
independently for each school in which the pupil was enrolled. For
the 1993-94 fiscal year as recertified at the time of the first
principal apportionment in February of 1995 and for the 1994-95
fiscal year, in no event may any transferring pupil generate more
than 0.98 unit of average daily attendance for the district in any
one school year under this subdivision. In no event shall this
subdivision be construed to authorize any nontransferring pupil to
generate more than one unit of average daily attendance for any
school year.