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California Education Code Section 41376

Legal Research Home > California Laws > Education Code > California Education Code Section 41376

41376.  The Superintendent of Public Instruction, in computing
apportionments and allowances from the State School Fund for the
second principal apportionment, shall determine the following for the
regular day classes of the elementary schools maintained by each
school district:
   (a) For grades 1 to 3, inclusive, he shall determine the number of
classes, the number of pupils enrolled in each class, the total
enrollment in all such classes, the average number of pupils enrolled
per class, and the total of the numbers of pupils which are in
excess of thirty (30) in each class.
   For those districts which do not have any classes with an
enrollment in excess of 32 and whose average size for all the classes
is 30.0 or less, there shall be no excess declared. For those
districts which have one or more classes in excess of an enrollment
of 32 or whose average size for all the classes is more than 30, the
excess shall be the total of the number of pupils which are in excess
of 30 in each class having an enrollment of more than 30.
   (b) For grades 4 to 8, inclusive, he shall determine the total
number of pupils enrolled, the number of full-time equivalent
classroom teachers, and the average number of pupils per each
full-time equivalent classroom teacher. He shall also determine the
excess if any, of pupils enrolled in such grades in the following
manner:
   (1) Determine the number of pupils by which the average number of
pupils per each full-time equivalent classroom teacher for the
current fiscal year exceeds the greater of the average number of
pupils per each full-time equivalent classroom teacher in all the
appropriate districts of the state, as determined by the
Superintendent of Public Instruction, for October 30, 1964, or the
average number of pupils per each full-time equivalent classroom
teacher which existed in the district on either October 30, 1964 or
March 30, 1964, as selected by the governing board.
   (2) Multiply the number determined in (1) above by the number of
full-time equivalent classroom teachers of the current fiscal year.
   (3) Reduce the number determined in (2) above by the remainder
which results from dividing such number by the average number of
pupils per each full-time equivalent teacher for October 30, 1964, as
determined by the Superintendent of Public Instruction in (1) above.
   (c) He shall compute the product obtained by multiplying the
excess number of pupils, if any, under the provisions of subdivision
(a) of this section by ninety-seven hundredths (0.97), and shall
multiply the product so obtained by the ratio of statewide change in
average daily attendance to district change in average daily
attendance. Change in average daily attendance shall be determined by
dividing average daily attendance in grades 1, 2 and 3 reported for
purposes of the first principal apportionment of the current year by
that reported for purposes of the first principal apportionment of
the preceding year.
   (d) If the school district reports that it has maintained, during
the current fiscal year, any classes in which there were enrolled
pupils in excess of thirty (30) per class pursuant to subdivision (a)
of this section, and there is no excess number of pupils computed
pursuant to subdivision (b) of this section, he shall decrease the
average daily attendance reported under the provisions of Section
41601 by the product determined under subdivision (c) of this
section.
   (e) If the school district reports that it has maintained, during
the current fiscal year, no classes in which there were enrolled
pupils in excess of thirty (30) per class determined pursuant to
subdivision (a) of this section, and there is an excess number of
pupils computed pursuant to subdivision (b) of this section, he shall
make the following computation:
   He shall compute the product obtained by multiplying the excess
number of pupils computed pursuant to subdivision (b) of this section
by ninety-seven hundredths (0.97) and shall multiply the product so
obtained by the ratio of statewide change in average daily attendance
to the district change in average daily attendance. He shall
decrease the average daily attendance reported under the provisions
of Section 41601 by the resulting product.
   (f) If the school district reports that it has maintained, during
the current fiscal year, any classes in which there were enrolled
pupils in excess of thirty (30) per class determined pursuant to
subdivision (a) of this section, and there is an excess number of
pupils computed pursuant to subdivision (b) of this section, he shall
make the following computation:
   He shall add to the product determined under subdivision (c) of
this section, the product determined under subdivision (e) of this
section and decrease the average daily attendance reported under the
provisions of Section 41601 by this total amount.
   The governing board of each school district maintaining elementary
schools shall report for the fiscal year 1964-65 and each year
thereafter the information required for the determination to be made
by the Superintendent of Public Instruction under the provisions of
this section in accordance with instructions provided on forms
furnished and prescribed by the Superintendent of Public Instruction.
Such information shall be reported by the school district together
with, and at the same time as, the reports required to be filed for
the second principal apportionment of the State School Fund. The
forms on which the data and information is reported shall include a
certification by each school district superintendent or chief
administrative officer that the data is correct and accurate for the
period covered, according to his best information and belief.
   For purposes of this section, a "full-time equivalent classroom
teacher" means an employee of an elementary, high school, or unified
school district, employed in a position requiring certification
qualifications and whose duties require him to teach pupils in the
elementary schools of that district in regular day classes for the
full time for which he is employed during the regular schoolday. In
reporting the total number of full-time equivalent classroom
teachers, there shall be included, in addition to those employees
defined above, the full-time equivalent of all fractional time for
which employees in positions requiring certification qualifications
are required to devote to teaching pupils in the elementary schools
of the district in regular day classes during the regular schoolday.
   For purposes of this section, the number of pupils enrolled in
each class means the average of the active enrollment in that class
on the last teaching day of each school month which ends prior to
April 15th of each school year.
   The provisions of this section are not applicable to school
districts with less than 101 units of average daily attendance for
the current fiscal year.
   Although no decreases in average daily attendance shall be made
for the fiscal year 1964-65, reports are required to be filed under
the provisions of this section, and the Superintendent of Public
Instruction shall notify each school district the amount of the
decrease in state allowances which would have been effected had such
decrease in average daily attendance been applied.
   The Superintendent of Public Instruction shall adopt rules and
regulations which he may deem necessary for the effective
administration of this section. Such rules and regulations may
specify that no decrease in average daily attendance reported under
the provisions of Section 41601 shall be made for a school district
on account of large classes due to instructional television or team
teaching, which may necessarily involve class sizes at periods during
the day larger than the standard set forth in this section.


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Last modified: March 17, 2014