Code Section Group

Education Code - EDC

TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 64100]

  ( Title 2 enacted by Stats. 1976, Ch. 1010. )

DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500]

  ( Division 3 enacted by Stats. 1976, Ch. 1010. )

PART 22. SCHOOL OPERATIONS [37060 - 37711]

  ( Part 22 enacted by Stats. 1976, Ch. 1010. )

CHAPTER 6. Four-Day School Week [37700 - 37711]
  ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. )

37700.
  

(a) Notwithstanding any other law, the Big Sur Unified School District, the Leggett Valley Unified School District, and the Reeds Creek Elementary School District may operate one or more schools in their respective school districts on a four-day school week, if the school district complies with the instructional time requirements specified in Section 37701 and the other requirements of this chapter.

(b) (1) A school district operating one or more schools on a four-day school week pursuant to this section shall annually, not later than June 1, submit to the department for review and approval a plan for how the school district will ensure that the minimum instructional minutes required under Section 46207 will be met in the following school year.

(2) If the school district offered less than the minimum instructional minutes required under Section 46207, the school district shall be subject to the penalties described in subdivision (b) of Section 46207 and subdivision (c) of Section 46208. Nothing in this section shall be construed to subject a school district that has met the minimum instructional minutes required under Section 46207 to those penalties.

(c) A school district with an exclusive bargaining representative may operate a school on a four-day school week pursuant to this section only if the school district and the representative of each bargaining unit of school district employees mutually agree to that operation in a memorandum of understanding.

(d) Instructional time penalties shall not be imposed pursuant to this section, as this section read on June 1, 2019, for the 2016–17 fiscal year to the 2018–19 fiscal year, inclusive, on a school district operating one or more schools on a four-day school week.

(e) Notwithstanding subdivisions (a) and (b) of this section and Section 37701, for the 2020–21 fiscal year only, the Big Sur Unified School District, the Leggett Valley Unified School District, and the Reeds Creek Elementary School District may operate one or more schools in their respective school districts on a four-day school week, if the school district complies with the following requirements and the other requirements of this chapter:

(1) Each day, pupils shall be scheduled for at least the minimum day for their grade level, as provided in Section 43501.

(2) The school district shall offer a minimum of 144 days of instruction for the 2020–21 school year.

(3) Instructional minutes shall be determined as follows:

(A) For in-person instruction, instructional minutes shall be based on time scheduled under the immediate physical supervision and control of an employee of the local educational agency who possesses a valid certification document, registered as required by law.

(B) For distance learning, instructional time shall be based on the time value of assignments as determined, and certified to, by an employee of the local educational agency who possesses a valid certification document, registered as required by law.

(C) For a combined day of instruction delivered through both in-person instruction and distance learning, time scheduled under the immediate supervision of an employee of the local educational agency who possesses a valid certification document can be combined with assignments made under the general supervision of an employee of the local educational agency who possesses a valid certification document as registered by law to meet the equivalent of a minimum day of instruction.

(4) If the school district offers instruction through distance learning, the requirements of distance learning in Part 24.5 (commencing with Section 43500).

(5) If the school district does not meet the minimum instructional day requirements in Section 43501, the school district shall be subject to the penalties described in paragraph (1) of subdivision (i) of Section 43504.

(Amended by Stats. 2020, Ch. 110, Sec. 9. (SB 820) Effective September 18, 2020.)

37701.
  

The school district shall provide on an annual basis, while operating a school on a four-day school week, not less than 560 hours of instructional time for kindergarten, not less than 700 hours of instructional time for grades 1, 2, and 3, and not less than 845 hours of instructional time for grades 4 to 12, inclusive. The school district may exceed these minimum instructional times except that no pupil in a kindergarten shall be kept in school more than four hours in any day, exclusive of recesses. The school day may not exceed eight hours, nor may the school week be less than four days.

(Amended by Stats. 2004, Ch. 465, Sec. 1. Effective January 1, 2005.)

37702.
  

Prior to operating a school on a four-day school week, the school district shall secure the approval of the governing board of the district and of any collective bargaining agents representing employees of the school district.

(Amended by Stats. 2004, Ch. 465, Sec. 2. Effective January 1, 2005.)

37703.
  

A school site council in the school district shall be involved in the planning and evaluation of a four-day school week.

(Amended by Stats. 2004, Ch. 465, Sec. 3. Effective January 1, 2005.)

37704.
  

The school district shall consider the impact of the longer schoolday on primary grade pupils, and the impact of the four-day school week on working parents who may be required to find child care services for their schoolage children due to the shortened school week.

(Amended by Stats. 2004, Ch. 465, Sec. 4. Effective January 1, 2005.)

37706.
  

If a school district elects to operate a school on a four-day school week as authorized by this chapter, the school district shall be entitled to receive the same support, but not more support, from the State School Fund due to the average daily attendance at the schools within the school district that it would have received if the school district had been operating under the provisions of law relating to the 175-day school year.

(Amended by Stats. 2004, Ch. 465, Sec. 5. Effective January 1, 2005.)

37707.
  

If the school district elects to operate a school on a four-day school week pursuant to this chapter, the reduced number of schooldays in the school district shall not affect the rights of certificated or classified employees of the school district with regard to classification, tenure, or notice, and shall not otherwise affect the contract rights of the employees.

(Amended by Stats. 2004, Ch. 465, Sec. 6. Effective January 1, 2005.)

37710.
  

If a school operating on a four-day school week pursuant to Section 37710.3, 37710.5, 37711, or 37712 fails to achieve its Academic Performance Index growth target pursuant to Section 52052, the authority of that school to operate on a four-day school week shall be permanently revoked commencing with the beginning of the following school year.

(Amended by Stats. 2013, Ch. 716, Sec. 1. (SB 236) Effective October 10, 2013.)

37711.
  

Beginning in the 2004–05 fiscal year, the following school districts in San Diego County may operate one or more schools in their respective districts on a four-day school week if the districts comply with the instructional time requirements specified in Section 37701 and the other requirements of this chapter:

(a) Borrego Springs Unified School District.

(b) Julian Union Elementary School District.

(c) Julian Union High School District.

(d) Warner Unified School District.

(Added by Stats. 2004, Ch. 465, Sec. 8. Effective January 1, 2005.)

EDCEducation Code - EDC