BlackletterCalifornia law

PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000. - 46610.]

Part 26 enacted by Stats. 1976, Ch. 1010.

§§ 46000–46610 · 86 sections

  1. CHAPTER 1. General Provisions §§ 46000–46015 · 11 sections
    1. ARTICLE 1. Records § 46000 · 1 section
      • § 46000 Attendance in all schools and classes shall be recorded and kept according to regulations prescribed by the State Board of Education, subject to the provisions…
    2. ARTICLE 2. Absences §§ 46010–46015 · 10 sections
      • § 46010 The total days of attendance of a pupil in the schools and classes maintained by a school district, or schools or classes maintained by the county…
      • § 46010.1 Commencing in the fall of the 1986–87 academic year, the governing board of each school district shall, each academic year, notify pupils in grades 7 to 12,…
      • § 46010.2 (a) For the purpose of determining “changes in enrollment” pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, as required…
      • § 46010.3 Notwithstanding subdivision (a) of Section 46010 or any other provision of law, for purposes of calculating days of attendance in order to compute any…
      • § 46011 Absences due to illness or quarantine shall be verified by the district or the county superintendent of schools in such manner as the Superintendent of Public…
      • § 46012 For purposes of any procedure for verification of absences from school, a student 18 years of age or over, with respect to his own absences from school, shall…
      • § 46013 (a) If there is an increase in actual student attendance of any school maintained by a school district to which Section 46013.7 has been made applicable, then…
      • § 46013.7 The Superintendent of Public Instruction may authorize 30 schools in 28 school districts to continue to use the attendance accounting and reporting procedures…
      • § 46014 Pupils, with the written consent of their parents or guardians, may be excused from school in order to participate in religious exercises or to receive moral…
      • § 46015 (a) The Legislature finds and declares that pregnant and parenting pupils are entitled to accommodations that provide them with the opportunity to succeed…
  2. CHAPTER 2. Attendance—Maximum Credit—Minimum Day §§ 46100–46211 · 44 sections
    1. ARTICLE 1. Generally § 46100 · 1 section
      • § 46100 The governing board of each school district shall, subject to the provisions of this chapter, fix the length of the schoolday for the several grades and…
    2. ARTICLE 2. Kindergarten and Elementary Schools §§ 46110–46120 · 10 sections
      • § 46110 No pupil in a kindergarten or in any grade of an elementary school shall be credited with more than one day of attendance in any calendar day and nothing in…
      • § 46111 (a) (1) A pupil in a kindergarten shall not be kept in school in any day more than four hours excluding recesses except for pupils in Early Primary Programs,…
      • § 46112 The minimum schoolday in grades 1, 2, and 3 in elementary schools, except in opportunity schools, classes, or programs, is 230 minutes, except where the…
      • § 46113 The minimum schoolday in grades 4, 5, 6, 7, and 8 in elementary schools and in special day and evening classes of an elementary school district, except in…
      • § 46114 (a) The minimum schoolday in grades 1, 2, and 3 in elementary schools may be computed by determining the number of minutes of attendance in any 10 consecutive…
      • § 46115 The minimum schoolday in kindergartens and in grades 1 to 8, inclusive, in elementary schools, is exclusive of noon intermissions and, except in kindergartens,…
      • § 46117 The minimum schoolday for pupils in kindergartens is 180 minutes inclusive of recesses, and no units of average daily attendance shall be credited for…
      • § 46118 A single-session kindergarten class shall meet all of the following criteria: (a) The class is maintained for a minimum of 180 minutes per schoolday. (b) The…
      • § 46119 The governing board of a school district which has fewer than 40 pupils enrolled in kindergarten classes may make application to the Superintendent of Public…
      • § 46120 (a) (1) It is the intent of the Legislature that all local educational agencies offer all unduplicated pupils in classroom-based instructional programs access…
    3. ARTICLE 3. Junior High School and High School §§ 46140–46149 · 13 sections
      • § 46140 No pupil in a high school, other than a pupil enrolled in a regional occupational center or program, evening high school, continuation high school, or…
      • § 46140.1 It is the intent of the Legislature that the term “pupil in a vocational education program occupationally organized and conducted under federal approval,” as…
      • § 46140.5 Any school district which was credited with attendance of pupils pursuant to Section 46140 under a vocational education program occupationally organized and…
      • § 46141 The minimum schoolday in a high school is 240 minutes, except in an evening high school, an early college high school, a middle college high school, a dual…
      • § 46142 (a) The minimum schoolday in any junior high school or high school described in Section 46141 may be computed by determining the number of minutes of…
      • § 46144 The minimum day in a special day or a Saturday vocational training program and for a pupil enrolled in a work experience education program approved under…
      • § 46144.5 (a) Notwithstanding any other law, commencing with the 2008–09 fiscal year, the minimum schoolday for a pupil concurrently enrolled in regular secondary school…
      • § 46145 Commencing with the first semester or quarter that begins after January 1, 1984, pupils in grade 12 shall be enrolled in at least five courses each semester or…
      • § 46146 (a) A day of attendance in grades 11 and 12 is 180 minutes of attendance if the pupil is also enrolled part time in classes of the California State University…
      • § 46146.5 (a) A day of attendance for a pupil enrolled in grade 11 or 12 in an early college high school, a middle college high school, or dual enrollment courses…
      • § 46147 Notwithstanding the 180-minute minimum day requirement of Section 46144, the governing board of any school district may permit a 12th-grade pupil in his or her…
      • § 46148 (a) (1) The schoolday for high schools, including high schools operated as charter schools, shall begin no earlier than 8:30 a.m. (2) The schoolday for middle…
      • § 46149 Notwithstanding any other law, a school district, county office of education, or charter school that offers grades 10 and 12 shall also offer and enroll pupils…
    4. ARTICLE 3.5. State High School Attendance Awards § 46150 · 1 section
      • § 46150 It is the intent of the Legislature that efforts by high school faculty, staff, and students to improve student attendance at their schools be recognized. It…
    5. ARTICLE 4. Alternative Schedule—Junior High and High School §§ 46160–46162 · 3 sections
      • § 46160 (a) (1) Notwithstanding any other law, the governing board of a school district that maintains a junior high school or high school may schedule classes in…
      • § 46161 If a pupil attends classes pursuant to a schedule adopted under the authority of this chapter, he shall be deemed to have complied with all of the requirements…
      • § 46162 Prior to implementing a program under the provisions of this chapter in any school of the district, the school district governing board shall consult in good…
    6. ARTICLE 5. Minimum Day—Continuation Schools § 46170 · 1 section
      • § 46170 (a) In continuation high schools and continuation education classes, a day of attendance is 180 minutes of attendance, but no pupil shall be credited with more…
    7. ARTICLE 6. Opportunity Schools § 46180 · 1 section
      • § 46180 The minimum day in an opportunity school or opportunity class is 180 minutes. A pupil may be enrolled in an opportunity program for not less than a class…
    8. ARTICLE 7. Adult School § 46191 · 1 section
      • § 46191 (a) In classes for adults maintained for adults in any county jail, or any correctional facility, including any county industrial farm or county or joint…
    9. ARTICLE 8. Incentives for Longer Instructional Day and Year §§ 46200–46208 · 11 sections
      • § 46200 For a school district that received an apportionment pursuant to subdivision (a) of this section, as it read on January 1, 2013, and that offers less than 180…
      • § 46200.5 (a) For a county office of education that operates a special day class or special day classes pursuant to Section 56364.2 and that offers fewer than 180 days…
      • § 46201 (a) For each school district that received an apportionment pursuant to subdivision (a) of this section, as it read on January 1, 2013, and that reduces the…
      • § 46201.5 (a) For a county office of education that operates a special day class or special day classes pursuant to Section 56364.2 and that reduces the amount of…
      • § 46201.6 Any school district that elected not to participate in either or both of the longer-day and longer-year incentive funding programs set forth in this article…
      • § 46202 If a school district that does not participate in the program set forth in Sections 46200 to 46206, inclusive, as those sections read on January 1, 2013,…
      • § 46203 Amounts apportioned to school districts pursuant to this article shall supplement, and not supplant, apportionments received pursuant to any other provision of…
      • § 46205 (a) For purposes of this article, instructional time for school districts conducting early-late instructional programs in kindergarten and grades 1 to 8,…
      • § 46206 (a) The State Board of Education may waive the fiscal penalties set forth in this article for a school district or county office of education that fails to…
      • § 46207 (a) Notwithstanding Sections 46200 to 46205, inclusive, upon a determination that a school district equals or exceeds its local control funding formula target…
      • § 46208 (a) Notwithstanding Sections 46200 to 46205, inclusive, upon a determination that a school district equals or exceeds its local control funding formula target…
    10. ARTICLE 9. Attendance Recovery Programs §§ 46210–46211 · 2 sections
      • § 46210 (a) (1) It is the intent of the Legislature to support local educational agencies in conducting evidence-based activities to address chronic absenteeism and…
      • § 46211 (a) Beginning July 1, 2025, to address the educational and fiscal impacts of pupil absences, a local educational agency may implement attendance recovery…
  3. CHAPTER 3. Average Daily Attendance §§ 46300–46393 · 20 sections
    1. ARTICLE 1. General Provisions §§ 46300–46307.1 · 14 sections
      • § 46300 (a) In computing average daily attendance of a school district or county office of education, there shall be included the attendance of pupils while engaged in…
      • § 46300.1 Commencing July 1, 1993, no school district may receive school district apportionments pursuant to Section 42238 for independent study by pupils 21 years of…
      • § 46300.2 The State Department of Education shall apportion funds for community school and independent study average daily attendance only for average daily attendance…
      • § 46300.3 An employee of the Mountain Valley Special Education Joint Powers Authority who possessed a valid certification document, registered as required by law, shall…
      • § 46300.5 For the purposes of educational programs sponsored by the California Firefighter Joint Apprenticeship Program, the term “immediate supervision” as used in…
      • § 46300.6 The State Department of Education shall not apportion funds to a local education agency for a pupil in the independent study program if that agency has…
      • § 46300.7 Notwithstanding any other provision of law, no school district or county office of education shall receive apportionments for any pupil in independent study…
      • § 46301 Whenever it is necessary to compute the average daily attendance of a school of a district for any certain purpose and no provision is made for the computation…
      • § 46302 Where in a high school or elementary school four terms of school of at least 12 weeks each are maintained during a fiscal year, and where the course of…
      • § 46303 (a) If any computation of average daily attendance made under, or necessitated by, any provision of law, results in a fraction of less than one-half of a unit,…
      • § 46304 (a) Notwithstanding anything in this code to the contrary when as a result of the unification or other reorganization of school districts, or the change of…
      • § 46305 Each elementary, high school, and unified school district shall report to the Superintendent of Public Instruction on forms prepared by the Department of…
      • § 46307 Attendance of individuals with exceptional needs, identified pursuant to Chapter 4 (commencing with Section 56300) of Part 30, enrolled in a special day class…
      • § 46307.1 The computation of average daily attendance pursuant to this chapter shall not include the attendance of minors between the ages of 18 months and three years,…
    2. ARTICLE 6. County School Service Fund § 46360 · 1 section
      • § 46360 The average daily attendance of individuals with exceptional needs given instruction by a county superintendent of schools and whose attendance is credited to…
    3. ARTICLE 7. County School Tuition Fund § 46380 · 1 section
      • § 46380 The average daily attendance for the fiscal year of pupils residing in a county of this state and attending a school in an adjoining state under Article 1…
    4. ARTICLE 8. Emergency Average Daily Attendance §§ 46390–46393 · 4 sections
      • § 46390 Where a school in a district maintaining more than one school is closed for a part of a term by order of a city or county board of health or of the State Board…
      • § 46391 Whenever any attendance records of any district have been lost or destroyed, making it impossible for an accurate report on average daily attendance for the…
      • § 46392 (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased…
      • § 46393 (a) (1) The Legislature finds and declares that, given the effects of public health emergencies and the significant and growing number of natural disasters…
  4. CHAPTER 5. Interdistrict Attendance Computation §§ 46600–46610 · 11 sections
    • § 46600 (a) (1) The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict…
    • § 46600.1 For purposes of this chapter, the following terms have the following meanings: (a) “Class 1 county” and “class 2 county” have the same meanings as defined in…
    • § 46600.2 (a) Each school district of residence and school district of proposed enrollment shall post on its Internet Web site the procedures and timelines, including a…
    • § 46601 (a) A parent may appeal a school district’s decision regarding a request for interdistrict transfer, within 30 calendar days of the date of the school…
    • § 46602 (a) If the county board of education determines that the pupil should be permitted to attend the school district of proposed enrollment, the pupil shall be…
    • § 46603 (a) (1) For a period not to exceed two school months, the governing board of a school district of proposed enrollment may provisionally admit to the schools of…
    • § 46604 If the governing board of a school district in which pupils reside who are lawfully attending in another district fails or refuses to pay, when due, the amount…
    • § 46606 (a) A regional occupational program or regional occupational center maintained by a school district, county superintendent of schools, or a regional…
    • § 46607 (a) Except as provided in subdivision (b) or (c), the average daily attendance for attendance of pupils from another district shall be credited to the district…
    • § 46609 The governing board of a unified school district, whose boundaries are coterminous with the boundaries of a county, and which is contiguous to an adjoining…
    • § 46610 (a) (1) Notwithstanding any other law, the Fallbrook Union High School District shall enter into an interdistrict attendance agreement with the Capistrano…