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Required program components   

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Any school district selected for participation in the program set forth in this chapter shall design, implement, and evaluate a program for the participating school in the district, with technical assistance from the State Department of Education if requested by the district, which program shall include, but not necessarily be limited to, all of the following:

(a) An 11 month school calendar for five tracks of pupils, under which the school is closed for one month for purposes of maintenance and staff vacations. Pupils in each track shall attend the school for at least three 12-week academic terms during the school year. Each teacher shall be assigned a single classroom and a single class of pupils. Each class shall be composed of pupils from all five tracks and from all academic ability levels and socioeconomic backgrounds found in the school.

(b) The teaching contract for each permanent full-time teacher at the school shall provide for an 11 month teaching year, the one-month vacation described in subdivision (a), a common winter holiday of approximately two weeks, and a common spring holiday of approximately one week.

(c) One of the following:

(1) In addition to the instruction provided in the school year described in subdivision (a), not less than 50 hours of instruction during the interim sessions occurring between the 12-week academic terms, to be provided to each pupil who is eligible to participate in categorical education programs designed to meet the special needs of children whose educational needs are not fully met in the regular educational program. This instruction may be funded by categorical education program funds or any other funding available to the district for this purpose. This option shall be available only to those schools in which more than 20 percent of the pupils qualify for funds from any of the following statutory programs: the Miller-Unruh Basic Reading Act of 1965; Economic Impact Aid, other than the bilingual education element; and any other compensatory education program approved for this purpose by the Superintendent of Public Instruction.

(2) Class size reduction, in all classes conducted in the 12-week academic terms, of at least three pupils per class, with a total average class size not to exceed 29 pupils.

(d) The school year-round program, as set forth in this chapter, shall commence operation on or before September 1, 1989, inclusive, and shall be continued by the district for a period of not less than four years from the date operation of the program commenced. The failure by any school district to comply with this subdivision shall result in the termination of funding to that district under this chapter, and the requirement that the district repay to the Superintendent of Public Instruction all moneys allocated to the district under this chapter, which repayment obligation may be enforced by the superintendent by the retention of funds from the annual apportionment to the district calculated under Section 42238, in an amount not to exceed sixty thousand dollars ($60,000) in any fiscal year.

(Added by Stats. 1987, Ch. 1246, Sec. 4.)


Education Code 42238