5 CCR s 19845

Cal. Admin. Code tit. 5, s 19845

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 3.1. STATE COMPLIANCE PROCEDURES: SCHOOL DISTRICTS AND CHARTER
SCHOOLS
This database is current through 02/09/07, Register 2007, No. 6
s 19845. Class Size Reduction.

For fiscal year 2003-04 only, perform the following audit steps:
If the school district or charter school received Class Size Reduction
Program funding for the year audited, perform the following procedures,
using daily averaging in all instances in which averaging is required.
(a) Verify the mathematical accuracy of the Class Size Reduction Program
claim form submitted to the California Department of Education.

(b) Option One Classes

(1) Select a sample of classes from those that were certified as
eligible for Option One Class Size Reduction Program funding, using
the following procedures:

(A) The number of classes to be reviewed shall be based on auditor
judgment, but the selection of classes shall be made randomly.

(B) For each class selected, the sample shall include at least 15
days randomly selected from all instructional days that occurred
between the first day of instruction and April 15, inclusive, of the
year audited.

(C) If class size for the sampled classes was more than 20.4 when
averaged over a period from the first day of instruction to April
15, inclusive, the auditor shall conduct a more in-depth review. The
in-depth review shall be either of the following:

1. A review of all instructional days for all classes for which a
district or charter school has requested funding pursuant to the
provisions of Education Code Section 52126.

2. A randomly selected sample of all classes and instructional
days, of sufficient size and designed in such a manner that the
auditor can conclude, with a 95 percent degree of confidence, that
the average daily class size for each class, when averaged over the
period from the first day of instruction to April 15, did not exceed
20.4.

(D) The district or charter school shall make the determination as
to which of the two in-depth review methods set forth in the
immediately preceding subparagraph shall be used.

(2) For sampled classes, review the data used to prepare the list
of Option One classes reported to the California Department of
Education, to verify that the report is supported by contemporaneous
records.

(3) For sampled classes, review teacher assignments and other
available pupil and teacher assignment data to verify that the
number of students reported as being under the immediate supervision
of each assigned teacher for each class reported was the actual
class size for a substantial majority of the full regular school
day.

(c) Option Two Classes

(1) Select a sample of classes from those that were certified as
eligible for Option Two Class Size Reduction Program funding, using
the following procedures:

(A) The number of classes to be reviewed shall be based on auditor
judgment, but the selection of classes shall be made randomly.

(B) For each class selected, the sample shall include at least 15
days randomly selected from all instructional days that occurred
between the first day of instruction and April 15, inclusive, of the
year audited.

(C) If class size for the sampled classes was more than 20.4 when
averaged over a period from the first day of instruction to April
15, inclusive, the auditor shall conduct a more in-depth review. The
in-depth review shall be either of the following:

1. A review of all instructional days for all classes for which a
district or charter school has requested funding pursuant to the
provisions of Education Code Section 52126.

2. A randomly selected sample of all classes and instructional
days, of sufficient size and designed in such a manner that the
auditor can conclude, with a 95 percent degree of confidence, that
the average daily class size for each class, when averaged over the
period from the first day of instruction to April 15, did not exceed
20.4.

(D) The district or charter school shall make the determination as
to which of the two in-depth review methods set forth in the
immediately preceding subparagraph shall be used.

(2) For sampled classes, review the data used to prepare the list
of Option Two classes reported to the California Department of
Education, to verify that the report is supported by contemporaneous
records.

(3) For sampled classes, review teacher assignments and other
available data to ensure that the class size reported was the
maximum actual class size for at least one-half of the instructional
minutes offered per day in each grade for which Option Two Class
Size Reduction funding was claimed.

(4) Review class schedules to ensure that the time that pupils
spent in Option Two classes was primarily devoted to instruction in
reading or mathematics.

(d) Class Size Reduction in districts or charter schools with only one
school serving K-3:

For school districts or charter schools that maintain only one school that
serves kindergarten and grades 1 through 3, verify that:

(1) The district or charter school claimed Class Size Reduction
funding for not more than two classes per participating grade level,

(2) The pupil-to-teacher ratio did not exceed 22.4 to 1 in any
class,

(3) The average class size of all classes participating in Class
Size Reduction, combined, did not exceed 20.4, and

(4) The governing board made a public declaration that it exhausted
all possible alternatives to averaging and was unable to achieve a
pupil-to-teacher ratio of 20 to 1 in a way that is educationally
acceptable.

(e) General requirements:

(1) For all sampled classes, and for classes claimed for Class Size
Reduction funding in districts or charter schools with only one
school serving kindergarten and grades 1 through 3, review the
school level information used to complete the California Department
of Education's reporting form. Verify that:

(A) classes claimed for funding were for pupils in kindergarten, or
grades 1 to 3, inclusive;

(B) if only one grade level was reduced, it was grade 1;

(C) if two grade levels were reduced, they were grades 1 and 2; and

(D) priority was given to the reduction of classes in grades 1 and
2 before classes in kindergarten or grade 3 were reduced.

(2) For the sampled classes, verify that the district or charter
school did not report to the California Department of Education on
the Class Size Reduction reporting form:

(A) any classes consisting of special education pupils enrolled in
special day classes on a full-time basis,

(B) any pupil who was enrolled in independent study or home study
for the full regular school day,

(C) any pupil who was enrolled in independent study or home study
for any portion of the full regular school day, for that portion of
each day that the pupil was on independent study or home study, or

(D) any pupil enrolled in a Class Size Reduction combination class
who was at a grade level ineligible for Class Size Reduction
funding.

(3) For the sampled classes, verify that counts began on the first
teaching day each class existed.

(4) If a district elected to reduce class size through the use of
an early-late instructional program and claimed Class Size Reduction
funding for Option One classes, verify that it did not follow the
provisions of Education Code Section 46205 when calculating
instructional time used to qualify for Longer Instructional Day and
Year incentive funding unless the district operated an early-late
instructional program pursuant to the provisions of Education Code
Section 46205 prior to July 1, 1996.

(5) If a district elected to reduce class size through the use of
an early-late instructional program and claimed Class Size Reduction
funding for Option Two classes, verify that it did not follow the
provisions of Education Code Section 46205 when calculating
instructional time used to qualify for Longer Instructional Day and
Year incentive funding.

(f) If any of the classes reported for Class Size Reduction funds is found
to be ineligible for such funding pursuant to any of the foregoing audit
procedures, or if any individual pupils in classes found to be eligible
are found to have been ineligible because of their grade level(s) but to
have been reported as eligible, or both, prepare a schedule, which must be
presented as part of the Findings and Recommendations, summarizing the
results of all procedures and presenting the noncompliant classes by grade
level, number of classes, number of pupils incorrectly reported as
eligible, and Class Size Reduction funding claimed on the basis of those
pupils, including the data for each ineligible class only once, even if
found to have been ineligible for Class Size Reduction funds in more than
one of the steps in the audit procedures.

(g) Interview management regarding the district's staff development
program.

(1) Verify that the staff development program required, as set
forth in Education Code Section 52127, that any certificated teacher
providing direct instruction to a class in the Class Size Reduction
Program receive the appropriate training necessary to maximize the
educational advantages of Class Size Reduction, including but not
limited to methods for providing individualized instruction;
effective teaching, including classroom management, in smaller
classes; identifying and responding to student needs; and
opportunities to build on the individual strengths of students.

(2) If the district did not have a staff development program as set
forth in Education Code Section 52127, include a finding in the
Findings and Recommendations section of the audit report showing the
full amount of Class Size Reduction funding received as disallowed.

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

HISTORY

1. New article 3.1 heading and renumbering of section 19826 to section
19845
filed 6-9-2006; operative 6-9-2006 (Register 2006, No. 23).

5 CCR s 19845, 5 CA ADC s 19845
1CAC

5 CA ADC s 19845

END OF DOCUMENT