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Supplemental Instruction: Fresno Unified School District   

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(a) (1) (A) Notwithstanding subdivision (g) of Section 37252, the State Board of Education may grant a request from the Fresno Unified School District that Section 37252 be waived to allow that district to receive and use funds made available pursuant to Section 37252 to offer to pupils enrolled at the Cooper Middle School whose performance on the English language arts and mathematics parts of the California Standards Tests is at the below basic or far below basic levels, as those terms are defined by the State Board of Education, an instructional day that is 60 minutes longer than at other middle schools in the district instead of offering at the Cooper Middle School the supplemental instructional programs required pursuant to Section 37252. If the State Board of Education grants the waiver request, the longer instructional day shall be used to provide more instruction in language arts and mathematics.

(B) The additional 60 minutes of instruction shall supplement and not supplant regularly scheduled courses in reading and mathematics.

(C) The Fresno Unified School District shall separately account for, and maintain separate records of, pupil attendance at the additional 60 minutes of instruction.

(2) The Fresno Unified School District may also offer pupils enrolled at the Cooper Middle School whose performance on the English language arts and mathematics parts of the California Standards Tests is at a level better than the below basic or far below basic levels, as those terms are defined by the State Board of Education, an instructional day that is 60 minutes longer than at other middle schools in the district. The district may not use funds made available pursuant to Section 37252 to offer these pupils a longer instructional day.

(3) Before implementing a longer instructional day pursuant to this section, the Fresno Unified School District shall notify the parents and guardians of pupils enrolled in the Cooper Middle School that they may elect not to include their child in the instructional program offered at the Cooper Middle School and have their child placed in a regular program at another middle school maintained by the district.

(b) The Superintendent of Public Instruction shall conduct an evaluation of this alternative use of supplemental instruction funds and submit an evaluative report to the Legislature by December 31, 2004.

(c) This section shall become inoperative on July 1, 2006, and, as of January 1, 2007, is repealed, unless a later enacted statute, that becomes effective on or before January 1, 2007, deletes or extends the dates on which it becomes inoperative and is repealed.

(Amended by Stats. 2004, Ch. 537, Sec. 1.)

Reference:

Education Code 37252