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(a) Any school district that implements the Tutoring and Homework Assistance Program may credit towards its summer school apportionments, computed pursuant to Section 42239, as amended by the annual Budget Act, hours of homework and tutorial assistance provided pursuant to the program described in Section 58700, if the instruction is in core academic areas specified in paragraph (2) of subdivision (d) of Section 42239.

(b) Any school district may claim funding for programs operated pursuant to this chapter if the district has first claimed in regular summer school programs the budgeted funding level of hours based on 7 percent of the district's total enrollment for the prior fiscal year or the budgeted funding level of hours guaranteed in either Section 42239 or the annual Budget Act, if greater than 7 percent.

(c) Funding claimed pursuant to this chapter shall be limited to the amount calculated pursuant to each school district's percentage of enrollment for the prior year and number of hours specified in the annual Budget Act as being available for reallocation of funding appropriated for summer school that is not claimed by school districts.

(d) Each school district that claims funding pursuant to this chapter shall maintain a record, capable of being audited, of the number of hours spent in direct contact with the pupil under the program. A certificated employee of the district shall certify the accuracy of the number of hours utilized to submit a claim for funding pursuant to this chapter prior to the allocation of that funding to the school district.

(Amended by Stats. 1994, Ch. 922, Sec. 165.)