5 CCR s 19824

Cal. Admin. Code tit. 5, s 19824

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 1.5. EDUCATION AUDIT APPEALS PANEL
CHAPTER 3. AUDITS OF CALIFORNIA K-12 LOCAL EDUCATION AGENCIES
ARTICLE 3. STATE COMPLIANCE PROCEDURES: LOCAL EDUCATION AGENCIES OTHER
THAN
CHARTER SCHOOLS
This database is current through 02/09/07, Register 2007, No. 6
s 19824. Instructional Time.

(a) School districts: 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 received incentive funding for increasing instructional
time pursuant to the Longer Instructional Day incentives.

(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) County offices of education: If the county office of education
received Longer Instructional Day or Longer Year incentive funding, 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 received incentive funding for increasing
instructional time pursuant to the Longer Instructional 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.

Note: Authority cited: Section 14502.1, Education Code.
Reference: Sections 14502.1, 14503 and 41020, Education Code.

HISTORY

1. New section filed 3-15-2004 as an emergency; operative 3-15-2004
(Register
2004, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-
13-2004 or emergency language will be repealed by operation of law on the
following day.

2. Certificate of Compliance as to 3-15-2004 order, including amendment of
subsections (a)(1) and (a)(3), transmitted to OAL 5-6-2004 and filed
6-23-2004
(Register 2004, No. 26).

3. Amendment of subsection (a)(1), new subsections (a)(2)-(4), subsection
renumbering and amendment of newly designated subsections (a)(7)-(8) and
subsections (b)(3)-(4) filed 6-12-2006 as an emergency; operative
6-12-2006
(Register 2006, No. 24). A Certificate of Compliance must be transmitted
to
OAL by 10-10-2006 or emergency language will be repealed by operation of
law on
the following day.

4. Editorial correction of subsection (a)(2) (Register 2006, No. 39).

5. Certificate of Compliance as to 6-12-2006 order transmitted to OAL
9-20-2006
and filed 9-29-2006 (Register 2006, No. 39).

5 CCR s 19824, 5 CA ADC s 19824
1CAC

5 CA ADC s 19824

END OF DOCUMENT