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SB-410 School finance: summer school.(1999-2000)

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SB410:v93#DOCUMENT

Passed  IN  Assembly  September 08, 1999
Passed  IN  Senate  September 10, 1999

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Senate Bill
No. 410

Introduced  by  Senator Escutia, Schiff
 (Principal Coauthor(s): Senator Burton, Alpert)
 (Principal Coauthor(s): Assembly Member Villaraigosa, Mazzoni)
 (Coauthor(s): Senator Alarcon, Hayden, Polanco, Solis)
 (Coauthor(s): Assembly Member Alquist, Bock, Ducheny, Lempert, Reyes, Romero, Torlakson, Vincent, Wayne, Zettel)

February 12, 1999

An act to amend, add, and repeal Sections 37252.5, 42239, and 42239.5 of, and to add and repeal Section 42239.7 of, the Education Code, relating to school finance.


LEGISLATIVE COUNSEL'S DIGEST


SB 410, Escutia. School finance: summer school.
(1) Existing law requires the governing board of each school district maintaining any or all of grades 2 to 9, inclusive, to operate programs of direct, systematic, and intensive supplemental instruction to pupils enrolled in those grades who have been retained and authorizes the school district to require those pupils to participate in supplemental instructional programs but requires the school district to provide a mechanism for a parent or guardian to decline to enroll his or her child in the program. Existing law authorizes the governing board of each school district, and a charter school, maintaining any or all of grades 2 to 6, inclusive, to offer supplemental instruction to pupils enrolled in those grades who have low test scores. Existing law, with certain exceptions, limits the amount of funding available for purposes of these supplemental programs to 5% of the school district’s prior fiscal year average daily attendance and prescribes the manner in which those funds are required to be allocated.
This bill would, until January 1, 2004, revise and recast those provisions to, in part: (1) delete a school district’s or charter school’s authority to require pupils who have been retained to participate in Supplemental instructional programs; (2) delete the requirement that the supplemental instruction be direct, systematic, and intensive; and (3) require that pupils enrolled in grades 2 to 6, inclusive, who would receive the authorized instruction because they are being retained or they are at risk of retention be identified based on the determination of the pupils’ classroom teacher, reading specialists, or resource teachers rather than only on test results.
(2) Existing law requires each county superintendent of schools to compute an amount for each school district’s or charter school’s summer school attendance in a certain manner. Under existing law, if the fiscal year hours of summer school attendance exceed the hours of summer school attendance specified, the increased hours are multiplied by $1.50.
This bill would, until January 1, 2004, require the Superintendent of Public Instruction, rather than the county superintendent of schools, to compute a school district’s or charter school’s summer school entitlement. This bill would phase in over the 2000–01, 2001–02, and 2002–03 fiscal years a new rate of reimbursement of summer school hours of instruction up to $3.40 for school districts or charter schools that agree to employ only fully credentialed teachers for summer school instruction.
(3) Under existing law, average daily attendance generated by elementary and secondary school pupils in voluntary Saturday school programs is eligible for summer school apportionments if those programs meet certain conditions. This provision becomes inoperative on June 30, 2000, and is repealed January 1, 2001.
This bill would, until January 1, 2004, base summer school apportionments for these programs on pupil hours of attendance, rather than daily average attendance, and would delete the inoperative and repeal dates.
(4) This bill would require the Superintendent of Public Instruction to conduct an annual analysis of school district utilization of mandatory summer school for pupils in grades 2 to 9, inclusive, to contract for an independent evaluation, and report to the Legislature on the analysis and evaluation.

The people of the State of California do enact as follows:


SECTION 1.

 Section 37252.5 of the Education Code, as amended by Chapter 78 of the Statutes of 1999, is amended to read:

37252.5.
 (a) The governing board of each district maintaining any or all of grades 2 to 9, inclusive, shall offer and a charter school maintaining any or all of grades 2 to 9, inclusive, may offer programs of direct, systematic, and intensive supplemental instruction to pupils enrolled in grades 2 to 9, inclusive, who have been retained pursuant to Section 48070.5. A school district or charter school may require a pupil who has been retained to participate in supplemental instructional programs. Notwithstanding the requirements of this section, the school district or charter school shall provide a mechanism for a parent or guardian to decline to enroll his or her child in the program. Attendance in supplemental instructional programs shall not be compulsory within the meaning of Section 48200.
(b) Each charter school and the governing board of each district maintaining any or all of grades 2 to 6, inclusive, may offer programs of direct, systematic, and intensive supplemental instruction to pupils enrolled in grades 2 to 6, inclusive, with low mathematics, reading, or written expression scores to allow those pupils to achieve proficiency in standards adopted by the State Board of Education. Services offered pursuant to this subdivision shall be provided to pupils in the following priority order:
(1) Pupils who have been recommended for retention or who have been identified as being at risk of retention pursuant to Section 48070.5 or school district policies.
(2) Pupils who have been identified as having a deficiency in mathematics, reading, or written expression based on the results of the tests administered under the Standardized Testing and Reporting Program established pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33.
(c) Supplemental educational services pursuant to subdivisions (a) and (b) shall be offered during the summer, before school, after school, on Saturdays, or during intersession, or in a combination of summer school, before school, after school, Saturday, or intersession instruction. Services shall not be provided during the pupil’s regular instructional day if it would result in the pupil being removed from classroom instruction in the core curriculum.
(d) For purposes of this section, a pupil shall be considered to be enrolled in a grade immediately upon completion of the preceding grade. Summer school instruction may also be offered to pupils who were enrolled in grade 6 during the prior fiscal year after the completion of grade 6. For ninth grade pupils identified in subdivision (a), summer school instruction may also be offered to pupils who were enrolled in grade 9 during the prior fiscal year after the completion of grade 9.
(e) Each school district or charter school shall use results from tests administered under the Standardized Testing and Reporting Program, established pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or other evaluative criteria to identify eligible pupils pursuant to subdivision (b).
(f) An intensive remedial program in reading or written expression offered pursuant to this section shall, as needed, include instruction in phoneme awareness, systematic explicit phonics and decoding, word attack skills, spelling and vocabulary, explicit instruction of reading comprehension, writing, and study skills.
(g) Each school district or charter school shall seek the active involvement of parents and classroom teachers in the development and implementation of supplemental instructional programs provided pursuant to this section.
(h) It is the intent of the Legislature that pupils who are at risk of failing to meet state adopted standards, or who are at risk of retention, be identified as early in the school year, and as early in their school careers as possible and be provided the opportunity for supplemental instruction sufficient to assist them in attaining expected levels of academic achievement.
(i) (1) The maximum amount of funding for the purposes of programs offered pursuant to this section to serve pupils in grades 2 to 6, inclusive, shall not exceed 10 percent of the statewide total enrollment in grades 2 to 6, inclusive, for the prior fiscal year multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year determined pursuant to subdivision (c) of Section 42239. Any funding provided for the purposes of this section shall first be used by the district or charter school to provide services required pursuant to subdivision (a), and then shall be allocated in the following manner:
(A) Notwithstanding subdivision (g) of Section 42239, a school district or charter school that offers instruction pursuant to subdivisions (a) and (b) to serve pupils in grades 2 to 6, inclusive, shall be entitled to receive an additional reimbursement in an amount up to 5 percent of the district’s or charter school’s total enrollment in grades 2 to 6, inclusive, for the prior fiscal year multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year determined pursuant to subdivision (c) of Section 42239.
(B) The balance of the appropriation made for the purposes of funding programs offered pursuant to this section to serve pupils in grades 2 to 6, inclusive, shall be allocated for reimbursement for pupil attendance in instruction pursuant to subdivisions (a) and (b) that is in excess of 5 percent of the district’s enrollment for the prior year in grades 2 to 6, inclusive, multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year determined pursuant to subdivision (c) of Section 42239.
(2) If the funds claimed by school districts or charter schools pursuant to subparagraph (B) of paragraph (1) of this subdivision exceed the available balance of the appropriation made for the purposes of funding programs offered pursuant to this section in paragraph (1) of this subdivision after the minimum allocation to eligible districts has been made pursuant to subparagraph (A) of paragraph (1) of this subdivision, the allocation of the balance shall be prorated based on each district’s or charter school’s share of the total additional hours of instruction offered pursuant to subparagraph (B) of paragraph (1) of this subdivision.
(j) This section shall become inoperative on January 1, 2000. This section shall remain inoperative until January 1, 2004, and shall become operative on that date.

SEC. 2.

 Section 37252.5 is added to the Education Code, to read:

37252.5.
 (a) The governing board of each school district maintaining any or all of grades 2 to 9, inclusive, shall offer, and a charter school maintaining any or all of grades 2 to 9, inclusive, shall offer, programs of supplemental instruction to pupils enrolled in grades 2 to 9, inclusive, who have been retained, or are at risk of being retained, pursuant to Section 48070.5. A school district or charter school may recommend, but may not require, a pupil who has been retained or who is at risk of being retained to participate in supplemental instructional programs. Notwithstanding the requirements of this section, the school district or charter school shall provide a mechanism for a parent or guardian to decline to enroll his or her child in the program. Attendance in supplemental instructional programs shall not be compulsory within the meaning of Section 48200.
(b) Each charter school and the governing board of each district maintaining any or all of grades 2 to 6, inclusive, may offer programs of supplemental instruction to pupils enrolled in grades 2 to 6, inclusive, with low mathematics, reading, or written expression scores in order to allow those pupils to achieve proficiency in grade level standards of academic achievement adopted by the State Board of Education. Services offered pursuant to this subdivision shall be provided to pupils in the following priority order:
(1) Pupils who have been recommended for retention or who have been identified as being at risk of retention pursuant to Section 48070.5 or school district policies.
(2) Pupils who have been identified as having a deficiency in mathematics, reading, or written expression based on the results of the tests administered under the Standardized Testing and Reporting Program established pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or upon the determination of the pupil’s classroom teacher, reading specialist, or resource teacher.
(c) Supplemental educational services offered as required pursuant to subdivision (a), and if offered as authorized pursuant to subdivision (b), shall be offered only during the summer, before school, after school, on Saturdays, or during intersession, or in a combination of summer school, before school, after school, Saturday, or intersession instruction. Services shall not be provided during the pupil’s regular instructional day if it would result in the pupil being removed from classroom instruction in the core curriculum.
(d) For purposes of this section, a pupil shall be considered to be enrolled in a grade immediately upon completion of the preceding grade. Summer school instruction may also be offered to pupils who were enrolled in grade 6 during the prior fiscal year after the completion of grade 6. For ninth grade pupils identified in subdivision (a), summer school instruction may also be offered to pupils who were enrolled in grade 9 during the prior fiscal year after the completion of grade 9.
(e) Each school district or charter school may use results from tests administered under the Standardized Testing and Reporting Program, established pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or other evaluative criteria to identify eligible pupils pursuant to subdivision (b).
(f) Supplemental instruction in reading or written expression offered pursuant to this section shall, as needed, include instruction in phoneme awareness, systematic explicit phonics and decoding, word attack skills, spelling and vocabulary, explicit instruction of reading comprehension, writing, and study skills.
(g) Each school district or charter school shall seek the active involvement of parents and classroom teachers in the development and implementation of supplemental instructional programs provided pursuant to this section.
(h) It is the intent of the Legislature that pupils who are at risk of failing to meet grade level standards, or who are at risk of retention, be identified as early in the school year, and as early in their school careers, as possible and be provided the opportunity for supplemental instruction sufficient to assist them in attaining expected levels of academic achievement.
(i) (1) The maximum amount of funding for the purposes of programs offered pursuant to this section to serve pupils in grades 2 to 6, inclusive, shall not exceed 10 percent of the statewide total enrollment in grades 2 to 6, inclusive, for the prior fiscal year multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year determined pursuant to subdivision (c) of Section 42239. Any funding provided for the purposes of this section shall first be used by the district or charter school to provide services required pursuant to subdivision (a), and then shall be allocated in the following manner:
(A) Notwithstanding subdivision (g) of Section 42239, a school district or charter school that offers instruction pursuant to subdivisions (a) and (b) to serve pupils in grades 2 to 6, inclusive, shall be entitled to receive an additional reimbursement in an amount up to 5 percent of the district’s or charter school’s total enrollment in grades 2 to 6, inclusive, for the prior fiscal year multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year determined pursuant to subdivision (c) of Section 42239.
(B) The balance of the appropriation made for the purposes of funding programs offered pursuant to this section to serve pupils in grades 2 to 6, inclusive, shall be allocated for reimbursement for pupil attendance in instruction pursuant to subdivisions (a) and (b) that is in excess of 5 percent of the district’s enrollment for the prior year in grades 2 to 6, inclusive, multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year determined pursuant to subdivision (c) of Section 42239.
(2) If the funds claimed by school districts or charter schools pursuant to subparagraph (B) of paragraph (1) of this subdivision exceed the available balance of the appropriation made for the purposes of funding programs offered pursuant to this section in paragraph (1) of this subdivision after the minimum allocation to eligible districts has been made pursuant to subparagraph (A) of paragraph (1) of this subdivision, the allocation of the balance shall be prorated based on each district’s or charter school’s share of the total additional hours of instruction offered pursuant to subparagraph (B) of paragraph (1) of this subdivision.
(j) This section shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2004, deletes or extends that date.

SEC. 3.

 Section 42239 of the Education Code, as amended by Chapter 78 of the Statutes of 1999, is amended to read:

42239.
 For the 1984–85 fiscal year and each fiscal year thereafter, the county superintendent shall compute an amount for each school district’s or charter school’s summer school attendance in the following manner:
(a) Divide the amount received on account of average daily attendance pursuant to Section 42238.6 in the 1983–84 fiscal year by the 1983–84 fiscal year hours of attendance. This amount shall be increased annually by the percentage increase granted to school districts or charter schools for base revenue limit increases.
(b) Multiply the amount computed in subdivision (a) by the lesser of the 1983–84 fiscal year hours of summer school attendance or the actual fiscal year hours of summer school attendance computed pursuant to paragraph (1) of subdivision (d).
(c) If the fiscal year hours of summer school attendance computed pursuant to subdivision (d) in fiscal years 1984–85 through 1997–98, inclusive, or pursuant to subdivision (f) in 1998–99 and each fiscal year thereafter, exceed the hours of summer school attendance specified in subdivision (b), multiply the increased hours by one dollar and fifty cents ($1.50). This amount shall be increased annually by the percentage increase pursuant to subdivision (b) of Section 42238.1 granted to school districts or charter schools for base revenue limit increases.
(d) Commencing in the 1984–85 fiscal year to the 1997–98 fiscal year, inclusive, summer school attendance shall be the sum of paragraphs (1), (2), and (3):
(1) The hours of attendance in the categories identified in Section 42238.6 as it read in the 1983–84 fiscal year.
(2) Any summer school hours of attendance for mathematics, science, English as a second language, or other core curriculum areas designated by the Superintendent of Public Instruction.
(3) Hours of general, vocational work experience education, if the school district or charter school certifies to the Superintendent of Public Instruction that all courses identified in paragraphs (1) and (2) have been offered to meet student demand and if the statewide demand, up to the amounts specified in subdivision (e), as amended by the annual Budget Act, and the amounts specified in the appropriation made for the purposes of this section in the annual Budget Act, has been met for all courses identified in paragraphs (1) and (2). The total statewide amount apportioned for general vocational work experience summer school programs shall not exceed one hundred thousand dollars ($100,000) in any fiscal year. If the total statewide entitlement pursuant to this paragraph exceeds one hundred thousand dollars ($100,000), the State Department of Education shall apportion funds on a pro rata basis. As used in this section, reimbursement of “hours of general vocational work experience” shall be based on the number of hours of attendance for that work experience course, at a rate equal to that for a course in paragraph (2) of the same number of credits.
(e) (1) Except as otherwise provided in paragraph (3) of subdivision (d), a school district’s maximum entitlement for reimbursement for pupil attendance in summer school programs offered pursuant to paragraphs (2) and (3) of subdivision (d) shall be an amount equal to 5 percent of the district’s or charter school’s total enrollment for the prior fiscal year times 120 hours, times the hourly rate for the current fiscal year determined pursuant to subdivision (c).
(2) A district, or charter school, may enroll more than 5 percent of its students, or may enroll students for more than 120 hours per year in summer school programs offered pursuant to paragraphs (2) and (3) of subdivision (d), as long as the total state apportionment to the district or charter school for those programs does not exceed the amount computed pursuant to paragraph (1). A district or charter school shall earn its entitlement at the per pupil hourly rate pursuant to subdivision (c).
(f) Commencing in the 1998–99 fiscal year and each fiscal year thereafter, summer school attendance shall be the sum of paragraphs (1), (2), and (3):
(1) The hours of attendance claimed by school districts, or charter schools, for the following:
(A) For the 1998–99 and 1999–2000 fiscal years, for the categories identified in Section 42238.6 as it read in the 1983–84 fiscal year.
(B) Instruction provided pursuant to Section 37252.
(C) Instruction provided to pupils in grades 7, 8, and 9, inclusive, pursuant to Section 37252.5.
(2) Any summer school hours of attendance for mathematics, science, English as a second language, or other core curriculum areas designated by the Superintendent of Public Instruction.
(3) Hours of general vocational work experience education, if the school district or charter school certifies to the Superintendent of Public Instruction that all courses identified in paragraphs (1) and (2) have been offered to meet pupil demand and if the statewide demand, up to the amounts set forth in subdivision (g), as amended by the annual Budget Act, and the amounts set forth in the appropriation made for the purposes of this section in the annual Budget Act, has been met for all courses identified in paragraphs (1) and (2). The total statewide amount apportioned for general vocational work experience summer school programs shall not exceed one hundred thousand dollars ($100,000) in any fiscal year. If the total statewide entitlement pursuant to this paragraph exceeds one hundred thousand dollars ($100,000), the State Department of Education shall apportion funds on a pro rata basis. As used in this section, reimbursement of “hours of general vocational work experience” shall be based on the number of hours of attendance for that work experience course, at a rate equal to that for a course in paragraph (2) of the same number of credits.
(g) (1) Commencing in the 1998–99 fiscal year, and each fiscal year thereafter, except as otherwise provided in paragraph (3) of subdivision (f), a school district’s or charter school’s maximum entitlement for reimbursement for pupil attendance in summer school programs offered pursuant to paragraphs (2) and (3) of subdivision (f) shall be an amount equal to 7 percent of the district’s total enrollment for the prior fiscal year multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year determined pursuant to subdivision (c).
(2) Notwithstanding paragraph (1), or any other provision of law, the Superintendent of Public Instruction shall reallocate to any school district any unexpended balance of the appropriations made for the current fiscal year for core academic summer school programs, pursuant to paragraph (2) of subdivision (f) in the following priority:
(A) For the purposes of funding any deficiencies, for the current fiscal year, in remedial summer school programs authorized pursuant to paragraph (1) of subdivision (f).
(B) For reimbursement for actual pupil attendance in summer school programs authorized under paragraph (2) of subdivision (f). In no event shall any district or charter school receive reimbursement for pupil attendance in summer school programs in excess of 10 percent of the district’s enrollment for the prior fiscal year multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year.
(C) For the purposes of funding supplemental educational services for the current fiscal year authorized pursuant to subdivision (b) of Section 37252.5.
(D) For the purposes of funding general vocational work experience education for the current fiscal year authorized pursuant to paragraph (3) of subdivision (f).
(h) Notwithstanding any other provision of law, classes may be convened pursuant to this section during the summer, before school, after school, during school, on Saturdays, or during intersession, or in a combination of summer school, before school, after school, Saturday, or intersession instruction, but shall be in addition to the regular schoolday.
(i) Notwithstanding any other provision of law, the hourly rates determined pursuant to this section shall be reduced by the deficit factor determined pursuant to Section 42238.145.
(j) This section shall become inoperative on January 1, 2000. This section shall remain inoperative until January 1, 2004, and shall become operative on that date.

SEC. 4.

 Section 42239 is added to the Education Code, to read:

42239.
 For the 1984–85 fiscal year and each fiscal year thereafter, the Superintendent of Public Instruction shall compute an amount for each school district’s or charter school’s summer school attendance in the following manner:
(a) Divide the amount received on account of average daily attendance pursuant to Section 42238.6 in the 1983–84 fiscal year by the 1983–84 fiscal year hours of attendance. This amount shall be increased annually by the percentage increase granted to school districts or charter schools for base revenue limit increases.
(b) Multiply the amount computed in subdivision (a) by the lesser of the 1983–84 fiscal year hours of summer school attendance or the actual fiscal year hours of summer school attendance computed pursuant to paragraph (1) of subdivision (d).
(c) If the fiscal year hours of summer school attendance computed pursuant to subdivision (d) exceed the hours of summer school attendance specified in subdivision (b), multiply the increased hours by one dollar and fifty cents ($1.50). This amount shall be increased annually by the percentage increase granted to school districts or charter schools for base revenue limit increases.
(d) Summer school attendance shall be the sum of paragraphs (1), (2), and (3):
(1) The hours of attendance in the categories identified in Section 42238.6 as it read in the 1983–84 fiscal year.
(2) Any summer school hours of attendance for mathematics, science, English as a second language, or other core curriculum areas designated by the Superintendent of Public Instruction.
(3) Hours of general, vocational work experience education, as claimed for the 1998–99 fiscal year.
(e) (1) Except as otherwise provided in paragraph (3) of subdivision (d), a school district’s maximum entitlement for reimbursement for pupil attendance in summer school programs offered pursuant to paragraphs (2) and (3) of subdivision (d) shall be an amount equal to 7 percent of the district’s or charter school’s total enrollment for the prior fiscal year times 120 hours, times the hourly rate for the current fiscal year determined pursuant to subdivision (c).
(2) A district, or charter school, may enroll more than 7 percent of its students, or may enroll students for more than 120 hours per year in summer school programs offered pursuant to paragraphs (2) and (3) of subdivision (d).
(f) (1) Commencing with the 2000–01 fiscal year, school districts or charter schools that agree to employ only fully credentialed teachers for the purpose of providing instruction pursuant to this section shall receive reimbursement for summer school hours of instruction funded pursuant to this section, supplemental instruction funded pursuant to Section 37252.5, and reading instruction funded pursuant to Section 42239.1, as added by Chapter 78 of the Statutes of 1999, in accordance with the following rates:
(A) For the 2000–01 fiscal year, the rate established pursuant to subdivisions (a) and (c), increased by the inflation adjustment for that fiscal year pursuant to subdivision (b) of Section 42238.1, and further increased by twenty-five cents ($0.25) per hour.
(B) For the 2001–02 fiscal year, the rate established pursuant to subdivisions (a), (c), and subparagraph (A), increased by the inflation adjustment for that fiscal year pursuant to subdivision (b) of Section 42238.1, and further increased by twenty-five cents ($0.25) per hour.
(C) For the 2002–03 fiscal year, a rate of three dollars and forty cents ($3.40) per hour, increased by the inflation adjustment for the 2000–01, 2001–02, and 2002–03 fiscal years pursuant to subdivision (b) of Section 42238.1.
(2) For the purposes of this subdivision “fully credentialed” does not include teachers operating under an emergency permit or an internship program.
(g) Notwithstanding any other provision of law, the Superintendent of Public Instruction shall reallocate to any school district any unexpended balance of the appropriations made for the current fiscal year for core academic summer school programs in the following priority:
(1) For the purposes of funding any deficiencies, for the current fiscal year, in remedial summer school programs authorized pursuant to subdivision (a) of Section 37252.5.
(2) For reimbursement for actual pupil attendance in summer school programs authorized under subdivision (b) of Section 37252.5. A district or charter school may receive reimbursement for pupil attendance in summer school programs in excess of 7 percent, but not exceeding 10 percent, of the district’s enrollment for the prior fiscal year multiplied by 120 hours, multiplied by the applicable hourly rate for the current fiscal year.
(h) (1) To the extent that claims in any fiscal year for supplemental instruction required to be offered pursuant to subdivision (a) of Section 37252.5 exceed the amounts available for this purpose, the Superintendent of Public Instruction shall certify the unfunded amount to the Director of Finance. During the next fiscal year’s Budget Act process, the Director of Finance shall report to the Legislature regarding inclusion in the Budget Act of an amount necessary to fully fund the deficit.
(2)  Notwithstanding paragraph (1), or any other provision of law, the Superintendent of Public Instruction shall reallocate to any school district any unexpended balance of the appropriations made for the current fiscal year for core academic summer school programs, pursuant to paragraph (2) of subdivision (g) in the following priority:
(A) For the purposes of funding any deficiencies, for the current fiscal year, in remedial summer school programs authorized pursuant to paragraph (1) of subdivision (g).
(B) For the purposes of funding supplemental educational services for the current fiscal year authorized pursuant to subdivision (b) of Section 37252.5.
(C) For reimbursement for actual pupil attendance in summer school programs any district or charter school program shall receive reimbursement for pupil attendance in summer school programs in excess of 7 percent, but not exceeding 10 percent, of the district’s enrollment for the prior fiscal year multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year.
(D) For the purposes of funding general vocational work experience education for the current fiscal year authorized pursuant to paragraph (3) of subdivision (d).
(i) Notwithstanding any other provision of law, classes may be convened pursuant to this section during the summer, before school, after school, during school, on Saturdays, or during intersession, or in a combination of summer school, before school, after school, Saturday, or intersession instruction, but shall be in addition to the regular schoolday.
(j) This section shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2004, deletes or extends that date.

SEC. 5.

 Section 42239.5 of the Education Code is amended to read:

42239.5.
 (a) For the 1989–90 fiscal year and each fiscal year thereafter, average daily attendance generated by elementary and secondary school pupils in voluntary Saturday school programs shall be eligible for summer school apportionments calculated pursuant to Section 42239 if those programs meet the following conditions:
(1) The instruction is in core academic areas specified in paragraph (2) of subdivision (d) of Section 42239, or as specified for summer school in Section 37252 and subdivision (a) of Section 37253, or in a course that provides credit toward high school graduation.
(2) The instruction is provided on Saturday and does not exceed 180 minutes.
(3) The average pupil/teacher ratio does not exceed 20:1.
(4) Attendance by the pupils is not required by the participating schools and districts.
(b) Any minor pupil whose parent or guardian informs the school district that the pupil is unable to attend a Saturday school program established pursuant to this section for religious reasons, or any pupil 18 years of age or older who states that he or she is unable to attend a Saturday school program established pursuant to this section for religious reasons, shall be given priority over pupils who have attended the Saturday school program for enrollment in the regular summer school program if he or she chooses to enroll in the regular summer school program.
(c) Participating districts shall encourage the participation of elementary and secondary schools with low academic performance.
(d) The Superintendent of Public Instruction shall develop and distribute a program advisory to school districts on this program option.
(e) This section shall become inoperative on January 1, 2000. This section shall remain inoperative until January 1, 2004, and shall be operative on that date.

SEC. 6.

 Section 42239.5 is added to the Education Code, to read:

42239.5.
 (a) For the 1989–90 fiscal year and each fiscal year thereafter, pupil hours of attendance generated by elementary and secondary school pupils in voluntary Saturday school programs shall be eligible for summer school apportionments calculated pursuant to Section 42239 if those programs meet the following conditions:
(1) The instruction is in core academic areas specified in paragraph (2) of subdivision (d) of Section 42239, or as specified for summer school in Sections 37252 and 37252.5 and subdivision (a) of Section 37253, or in a course that provides credit toward high school graduation.
(2) The instruction is provided on Saturday and does not exceed 180 minutes.
(3) The average pupil to teacher ratio does not exceed 20 to 1.
(4) Attendance by the pupils is not required by the participating schools and districts.
(b) Any minor pupil whose parent or guardian informs the school district that the pupil is unable to attend a Saturday school program established pursuant to this section for religious reasons, or any pupil 18 years of age or older who states that he or she is unable to attend a Saturday school program established pursuant to this section for religious reasons, shall be given priority over pupils who have attended the Saturday school program for enrollment in the regular summer school program if he or she chooses to enroll in the regular summer school program.
(c) This section shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2004, deletes or extends that date.

SEC. 7.

 Section 42239.7 is added to the Education Code, to read:

42239.7.
 The Superintendent of Public Instruction shall conduct an annual analysis of school district utilization of mandatory summer school for pupils in grades 2 to 9, inclusive, and shall contract for an independent evaluation to be performed by a public or private entity. The evaluation shall include, but shall not be limited to, a comparison of the costs of remediation through the use of summer school versus the costs of the pupil repeating the grade. The Superintendent of Public Instruction shall report on the analyses and evaluation to the Legislature by December 1, 2004.