topleft CSBA.org >  Services >  Governance Technology > 

Legal Resources | Title 5 |    19824  

Chapter 3. Audits of California K-12 Local Education Agencies. State Compliance Procedures: Local Education Agencies Other Than Charter Schools. Instructional Time.   

arrow Previous bar Next arrow

For fiscal year 2011-12 only, do not perform the procedures set forth in this section. Perform the procedures set forth in Section 19824.1 instead.

(a) School districts: For fiscal years 2003-04 through 2008-09, perform the following procedures:

(1) Select a sample of schools that is representative of the district and sufficient in size to allow the auditor to draw a reasonable conclusion with respect to the district's compliance with instructional time requirements. Review the school attendance calendar and bell (class) schedules of the sampled schools. Ascertain whether any individual days are shorter than the usual length, by grade level, in that school. Compare the instructional minutes from each school site's bell (class) schedule to total instructional minutes computed by the business office.

(2) Determine, by grade level, the total number of days in each sampled school's attendance calendar that were of at least the minimum length required, pursuant to Education Code sections 46112, 46113, 46114, 46115, 46117, and 46119, for elementary schools, or sections 46141, and 46142, for junior high schools and high schools, and compare the totals to the standards set forth in Education Code section 41420 or 37670, as applicable.

(3) If all sampled regular day schools have fewer than the applicable minimum number of days, determine whether the same is true for all the regular day schools of the district.

(4) If all regular day schools have fewer than the applicable minimum number of days, the district is subject to the penalty provided in subdivision (a) of Education Code Section 41420. Include a statement of that fact and the amount of the penalty in the Findings and Recommendations section of the audit report.

If the district is not subject to the penalty provided in subdivision (a) of Education Code Section 41420 but is subject to one or more penalties as provided in subdivision (b) of Education Code Section 41420, prepare a separate schedule for each school that was not in compliance showing the number of additional days the school would have had to maintain operations to meet the 175 day requirement, or the 163 day requirement if the school was operated on a multitrack year-round schedule, and calculate the penalty or penalties. Include both the schedule(s) and the amount(s) of the calculated penalty or penalties in a finding in the Findings and Recommendations section of the audit report.

(5) Compare the amount of time offered for each grade level in each sampled school during the year being audited to the required amount of instructional time as set forth in Education Code Section 46201, and to the amount offered by the district during the 1982-83 year.

(6) Determine whether the district offered optional classes to satisfy incentive funding requirements. If enrollment in optional classes is low, review the district's documentation of class offerings to ensure that the district has acted effectively to comply with the law. Practices that are not consistent with effectively offering additional instructional time may include, but are not limited to, offering only a small number of courses that in addition are appropriate only for limited numbers of pupils, and courses scheduled such that pupils may take them only by giving up their lunch period or by attending school outside the schedule of district-provided bus service.

(7) Prepare the ?Schedule of Instructional Time? that must be presented in the Supplementary Information section of the audit report, showing by grade level the number(s) of instructional minutes offered by the district in the 1982-83 year; the 1986-87 instructional time requirements specified in Education Code Section 46201; the instructional minutes offered during the year audited showing the school with the lowest number of minutes offered at each grade level; the number of instructional days offered during the year audited on the traditional calendar and on any multitrack calendars; and whether the district complied with the instructional minutes and days provisions. State in a note to the schedule whether the district participated in the Longer Day incentives provided for in Education Code Section 46201.

(8) If any schools were not in compliance with the instructional minutes or days provisions, or both, prepare a separate schedule for each school showing only those grade levels that were not in compliance and calculate the penalty or penalties pursuant to Education Code Section 46200(c), 46201(d), or 46202(b). Include both the schedule(s) and the calculated penalty or penalties in a finding in the Findings and Recommendations section of the audit report.

(b) School districts: In accordance with subdivision (a) of Education Code Section 46201.2 and consistent with subdivision (a) of Education Code Section 46201.3, for fiscal years 2009-10 and 2010-11, and fiscal years 2012-13 through 2014-15, perform the following procedures:

(1) Select a sample of schools that is representative of the district and sufficient in size to allow the auditor to draw a reasonable conclusion with respect to the district's compliance with instructional time requirements. Review the school attendance calendar and bell (class) schedules of the sampled schools. Ascertain whether any individual days are shorter than the usual length, by grade level, in that school. Compare the instructional minutes from each school site's bell (class) schedule to total instructional minutes computed by the business office.

(2) Determine, by grade level, the total number of days in each sampled school's attendance calendar that were of at least the minimum length required, pursuant to Education Code sections 46112, 46113, 46114, 46115, 46117, and 46119, for elementary schools, or sections 46141, and 46142, for junior high schools and high schools. Compare the total qualifying days by grade level for each sampled school to the standards set forth in Education Code section 41420 or 37670, as applicable, as reduced by subdivision (a) of Education Code Section 46201.2 to 170 days for schools on a traditional calendar, or to 158 days for multitrack year-round schools.

(3) If all sampled regular day schools have fewer than the applicable minimum number of days as set forth in subparagraph (b)(2) of this section, determine whether the same is true for all the regular day schools of the district.

(4) If all regular day schools have fewer than the applicable minimum number of days, the district is subject to the penalty provided in subdivision (a) of Education Code Section 41420. Include a statement of that fact and the calculation and amount of the penalty in the Findings and Recommendations section of the audit report.

(5) If the district is not subject to the penalty provided in subdivision (a) of Education Code Section 41420 but is subject to one or more penalties as provided in subdivision (b) of Education Code Section 41420, prepare a separate schedule for each school that was not in compliance showing the number of additional days the school would have had to maintain operations to meet the 170 day requirement, or the 158 day requirement if the school was operated on a multitrack year-round schedule. Calculate the penalty or penalties. Include the schedule(s), the calculation(s), and amount(s) of the penalty or penalties in a finding in the Findings and Recommendations section of the audit report.

(6) Determine whether the district participated in the Longer Day incentives provided for in Education Code Section 46201.

(A) If the district participated in Longer Day and Longer Year incentives provided for in Education Code Sections 46200(a) and 46201(a):

1. Determine the required amount of instructional time by reducing the amount of time by grade level specified in Education Code Section 46201 and the amount offered by the district during the 1982-83 school year by the result of dividing the time for each grade level by 180 and multiplying by 5.

2. Compare the amount of time offered for each grade level in each sampled school during the year being audited to the required amount of instructional time as determined in subparagraph (b)(6)(A)1. of this section.

(B) If the district participated in Longer Day but did not participate in Longer Year incentives:

1. Determine the required amount of instructional time by reducing the amount of time by grade level specified in Education Code Section 46201 and the amount offered by the district during the 1982-83 school year by the result of dividing the time for each grade level by 175 and multiplying by 5.

2. Compare the amount of time offered for each grade level in each sampled school during the year being audited to the required amount of instructional time as determined in subparagraph (b)(6)(B)1. of this section.

(C) If the district did not participate in Longer Day but did participate in Longer Year incentives:

1. Determine the required amount of instructional time by reducing the amount of time by grade level offered by the district during the 1982-83 school year by the result of dividing the time for each grade level by 180 and multiplying by 5.

2. Compare the amount of time offered for each grade level in each sampled school during the year being audited to the required amount of instructional time as determined in subparagraph (b)(6)(C)1. of this section.

(D) If the district did not participate in either Longer Day or Longer Year incentives:

1. Determine the required amount of instructional time by reducing the amount of time by grade level offered by the district during the 1982-83 school year by the result of dividing the time for each grade level by 175 and multiplying by 5.

2. Compare the amount of time offered for each grade level in each sampled school during the year being audited to the required amount of instructional time as determined in subparagraph (b)(6)(D)1. of this section.

(7) Determine whether the district offered optional classes to satisfy incentive funding requirements. If enrollment in optional classes is low, review the district's documentation of class offerings to ensure that the district has acted effectively to comply with the law. Practices that are not consistent with effectively offering additional instructional time may include, but are not limited to, offering only a small number of courses that in addition are appropriate only for limited numbers of pupils, and courses scheduled such that pupils may take them only by giving up their lunch period or by attending school outside the schedule of district-provided bus service.

(8) Prepare the ?Schedule of Instructional Time? that must be presented in the Supplementary Information section of the audit report, showing by grade level the number(s) of instructional minutes offered by the district in the 1982-83 year, and the district's 1982-83 instructional minutes as reduced pursuant to subparagraph (b)(6) of this section as applicable; the 1986-87 instructional time requirements specified in Education Code Section 46201, and the 1986-87 instructional time requirements as reduced pursuant to subparagraph (b)(6) of this section as applicable; the instructional minutes offered during the year audited showing the school with the lowest number of minutes offered at each grade level; the number of instructional days offered during the year audited on the traditional calendar and on any multitrack calendars; and whether the district complied with the reduced instructional minutes and days provisions. State in a note to the schedule whether the district participated in Longer Day and Year incentives.

(9) If any schools were not in compliance with the instructional minutes requirements as calculated pursuant to subparagraph (b)(6) of this section as applicable, or the instructional days requirements pursuant to subparagraph (b) of this section as applicable, or both, prepare a separate schedule for each school showing only those grade levels that were not in compliance and calculate the penalty or penalties pursuant to Education Code Section 46200(e), 46201(d), or 46202(b). Include the schedule(s), the calculation, and the amount of the penalty or penalties in a finding in the Findings and Recommendations section of the audit report.

(c) County offices of education: For fiscal years 2003-04 through 2008-09, if the county office of education participated in Longer Day or Longer Year incentives, or both, for the fiscal year audited for special day classes, perform the following procedures:

(1) Review the school attendance calendar and bell (class) schedules. Determine the amount of instructional time offered by each school.

(2) Determine whether the county office of education complied with the instructional time incentive funding requirements by comparing the amount of time offered for each grade level during the year being audited to the required amount of instructional time as set forth in Education Code Section 46201.5.

(3) Prepare the ?Schedule of Instructional Time? that must be presented in the Supplementary Information section of the audit report showing by grade level the 1986-87 instructional time requirements specified in Education Code Section 46201.5; the instructional minutes offered during the year audited showing the school with the lowest number of minutes; the number of instructional days offered during the year audited on the traditional calendar and on any multitrack calendars; whether the county office of education complied with the instructional minutes requirements; and, if the county office of education received an apportionment pursuant to Education Code Section 46200.5(a), whether the county office of education complied with the instructional days provisions. State in a note to the schedule whether the county office of education participated in Longer Day incentives and whether it received an apportionment pursuant to Education Code Section 46200.5(a).

(4) If any schools were not in compliance with the instructional minutes or days provisions, or both, prepare a separate schedule for each such school showing only those grade levels that were not in compliance and calculate the penalty or penalties set forth in Education Code Section 46200.5(c) or 46201.5(e). Include both the schedule(s) and the calculated penalty or penalties in a finding in the Findings and Recommendations section of the audit report.

(d) County offices of education: If the county office of education participated in Longer Day or Longer Year incentive funding, or both, for the fiscal year audited for special day classes, in accordance with subdivision (a) of Education Code Section 46201.2 and consistent with subdivision (a) of Education Code Section 46201.3, for fiscal years 2009-10 and 2010-11, and fiscal years 2012-13 through 2014-15, perform the following procedures:

(1) Review the school attendance calendar and bell (class) schedules. Determine the amount of instructional time and the number of instructional days offered by each school.

(2) If the county office of education participated in both the Longer Day incentives prescribed by Education Code Section 46201.5 and the Longer Year incentives prescribed by Education Code Section 46200.5:

(A) Determine the required amount of instructional time by reducing the amount of time by grade level specified in Education Code Section 46201.5 by the result of dividing the time for each grade level by 180 and multiplying by 5.

(B) Compare the amount of time offered for each grade level during the year being audited to the required amount of instructional time as determined in subparagraph (d)(2)(A) of this section.

(3) If the county office of education participated in the Longer Day but not for the Longer Year incentives:

(A) Determine the required amount of instructional time by reducing the amount of time by grade level specified in Education Code Section 46201.5 by the result of dividing the time for each grade level by 175 and multiplying by 5.

(B) Compare the amount of time offered for each grade level during the year being audited to the required amount of instructional time as determined in subparagraph (d)(3)(A) of this section.

(4) Prepare the ?Schedule of Instructional Time? that must be presented in the Supplementary Information section of the audit report showing by grade level the 1986-87 instructional time requirements specified in Education Code Section 46201.5, and the 1986-87 instructional time requirements as reduced pursuant to subparagraph (d)(2)(A) or (d)(3)(A) of this section, as applicable; the instructional minutes offered during the year audited showing the school with the lowest number of minutes; the number of instructional days offered during the year audited on the traditional calendar and on any multitrack calendars; whether the county office of education complied with the reduced instructional minutes requirements as calculated pursuant to subparagraph (d)(2)(A) or (d)(3)(A) of this section, as applicable; and, if the county office of education participated in Longer Year incentives pursuant to Education Code Section 46200.5(a), whether the county office of education complied with the instructional days provisions as reduced by Education Code Section 46201.2. State in a note to the schedule whether the county office of education participated in Longer Day incentives pursuant to Education Code Section 46201.5 and whether it participated in Longer Year incentives pursuant to Education Code Section 46200.5(a).

(5) If any schools were not in compliance with the reduced instructional minutes or days provisions, or both, prepare a separate schedule for each such school showing only those grade levels that were not in compliance and the calculation and amount of the penalty or penalties set forth in Education Code Section 46200.5(c) or 46201.5(e). Include both the schedule(s) and the calculated penalty or penalties in a finding in the Findings and Recommendations section of the audit report.

Authority cited:

Education Code 14502.1

Reference:

Education Code 14502.1

Education Code 14503

Education Code 41020

(Amended by Register 2013, No. 42.)