2009 California Education Code - Section 37220-37223 :: Article 3. Saturdays And Holidays

37220.  (a) Except as otherwise provided, the public schools shall
close on the following holidays:
   (1) January 1.
   (2) The third Monday in January or the Monday or Friday in the
week in which January 15 occurs, known as "Dr. Martin Luther King,
Jr. Day." On the Friday preceding the day on which schools are
closed, schools shall include exercises commemorating and directing
attention to the history of the civil rights movement in the United
States and particularly the role therein of Dr. Martin Luther King,
Jr.
   (3) The Monday or Friday of the week in which February 12 occurs,
known as "Lincoln Day." On the day that school is in session prior to
the day on which schools are closed for that purpose, all public
schools and educational institutions throughout the state shall hold
exercises in memory of Abraham Lincoln.
   (4) The third Monday in February, known as "Washington Day." On
the Friday preceding, all public schools and educational institutions
throughout the state shall hold exercises in memory of George
Washington.
   (5) The last Monday in May, known as "Memorial Day."
   (6) July 4.
   (7) The first Monday in September, known as "Labor Day."
   (8) November 11, known as "Veterans Day."
   (9) That Thursday in November proclaimed by the President as
"Thanksgiving Day."
   (10) December 25.
   (11) All days appointed by the Governor for a public fast,
thanksgiving, or holiday, and all special or limited holidays on
which the Governor provides that the schools shall close.
   (12) All days appointed by the President as a public fast,
thanksgiving, or holiday, unless it is a special or limited holiday.
   (13) Any other day designated as a holiday by the governing board
of the school district.
   (b) When any of the holidays on which the schools would be closed
falls on Sunday, the public schools shall close on the Monday
following.
   (c) When any of the holidays on which the schools would be closed
falls on Saturday, the public schools shall close on the preceding
Friday, and that Friday shall be declared a state holiday.
   (d) If any holiday on which the public schools are required to
close pursuant to subdivision (a) occurs under federal law on a date
different from the date specified in subdivision (a), the governing
board of any school district may close the public schools of the
district on the date recognized by federal law and maintain classes
on the date specified in subdivision (a).
   (e) Except for Veterans Day, as designated in paragraph (8) of
subdivision (a), the governing board of a school district, by
adoption of a resolution, may revise the date upon which the schools
of the district close in observance of any of the holidays identified
in subdivision (a).
   (f) The governing board of a school district may not request a
waiver of paragraph (8) of subdivision (a) from the state board.
   (g) This section does not prohibit a school district from
authorizing its facilities or grounds to be used in accordance with
Section 38131 on those days on which the public schools are closed.

37220.5.  (a) In addition to the holidays prescribed in Section
37220, public schools may be closed on March 31, known as "Cesar
Chavez Day," or the appropriate Monday or Friday following or
preceding that date, if the governing board, pursuant to a memorandum
of understanding reached pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, agrees
to close schools for that purpose.
   (b) On March 31 or on the day determined by the governing board,
public schools and educational institutions throughout the state may
include exercises, funded through existing resources, commemorating
and directing attention to the history of the farm labor movement in
the United States and particularly the role therein of Cesar Chavez.
The State Board of Education shall adopt a model curriculum guide to
be available for use by public schools for exercises related to Cesar
Chavez Day.

37220.6.  (a) There is hereby created the Cesar Chavez Day of
Service and Learning program to promote service to the communities of
California in honor of the life and work of Cesar Chavez. The
program shall be administered by the Governor's Office on Service and
Volunteerism, in collaboration with the California Conservation
Corps.
   (b) The Governor's Office on Service and Volunteerism may make
grants based on proposals selected through a competitive process from
local and state operated Americorps, National Senior Service Corps,
Learn and Serve, or Conservation Corps programs that submit proposals
to engage pupils through their schools and school districts in
community service that qualifies as instructional time on Cesar
Chavez Day, pursuant to Section 37220.5, and that honors the life and
work of Cesar Chavez. The programs shall be created and organized in
consultation with community groups. The Americorps, National Senior
Service Corps, Learn and Serve, or Conservation Corps programs may
implement or administer the programs in collaboration with community
groups and nonprofit organizations. The proposals shall demonstrate
all of the following:
   (1) The ways and extent to which the program will be a
collaborative effort between schools and the Americorps, National
Senior Service Corps, Learn and Serve, or Conservation Corps program.
   (2) The ways that the service will be connected to instruction on
the life and work of Cesar Chavez provided on Cesar Chavez Day.
   (3) The way in which the service provided will make a meaningful
contribution to the community.
   (c) Grants made pursuant to subdivision (b) shall be in the amount
of one dollar ($1) for each participating pupil, or two hundred
fifty dollars ($250) for each school, whichever is greater. The
Governor's Office on Service and Volunteerism may, at its discretion,
adjust the grant amount to account for school district size, the
size of the project, and the demand on existing funding. Under no
circumstances may the amount granted exceed the amount of funding
appropriated to carry out this section.
   (d) In order for the community service performed under this
program to be counted as instructional time, the service shall be
performed under the supervision of a teacher, as defined in
subdivision (a) of Section 46300.
   (e) The Superintendent of Public Instruction shall develop or
revise, as needed, a model curriculum on the life and work of Cesar
Chavez and submit the model curriculum to the State Board of
Education for adoption pursuant to subdivision (b) of Section
37220.5. Upon adoption, the Superintendent of Public Instruction
shall distribute the model curriculum to each school.
   (f) It is the intent of the Legislature that nothing in this
section, or in the act that adds this section, shall be construed to
impose a mandate on school districts.
   (g) For the purposes of this section, "school district" includes
school districts, charter schools, and county offices of education.

37220.7.  (a) In addition to the holidays prescribed in Section
37220, public schools may be closed on the fourth Friday in
September, known as "Native American Day," if the governing board,
pursuant to a memorandum of understanding reached pursuant to Chapter
10.7 (commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to close schools for that purpose.
   (b) On the fourth Friday in September, or if schools are closed on
that date as specified in subdivision (a), on an alternate day
determined by the governing board, public schools and educational
institutions throughout this state may include exercises, funded
through existing resources, commemorating and directing attention to
the many contributions that Native Americans have made to this
country. The State Board of Education may adopt a model curriculum
guide to be available for use by public schools for exercises related
to Native American Day.

37221.  Unless closed by the governing board pursuant to paragraph
(13) of subdivision (a) of Section 37220, the public schools shall
remain open on, but shall celebrate with appropriate commemorative
exercises, the following holidays:
   (a) The anniversary of the adoption of the Constitution of the
United States, on or near which date schools shall include exercises
and instruction in the purpose, meaning, and importance of the
Constitution of the United States, including the Bill of Rights.
   (b) March 7, the anniversary of the birthday of Luther Burbank,
known as Conservation, Bird, and Arbor Day on which day schools shall
include exercises and instruction on the economic value of birds and
trees, and the promotion of a spirit of protection toward them, and
as to the economic value of natural resources, and the desirability
of their conservation.
   (c) February 15, the anniversary of the birthday of Susan B.
Anthony, known as "Susan B. Anthony Day" on which day schools shall
include exercises and instruction on the political and economic
status of women in the United States and the contributions of Susan
B. Anthony thereto.
   (d) March 5, the anniversary of the death of Crispus Attucks, the
first black American martyr of the Boston Massacre, known as "Black
American Day" on which day schools shall include exercises and
instruction on the development of black people in the United States.

37222.  (a) The following days in each year are designated and set
apart as days having special significance:
   (1) The second Wednesday in May as the Day of the Teacher.
   (2) April 21 of each year as John Muir Day.
   (3) April 6 of each year as California Poppy Day.
   (4) May 22 of each year as Harvey Milk Day.
   (b) On each of the days designated in subdivision (a), all public
schools and educational institutions are encouraged to observe those
days and to conduct suitable commemorative exercises as follows:
   (1) On the Day of the Teacher, exercises commemorating and
directing attention to teachers and the teaching profession.
   (2) On John Muir Day, exercises stressing the importance that an
ecologically sound natural environment plays in the quality of life
for all of us, and emphasizing John Muir's significant contributions
to the fostering of that awareness and the indelible mark he left on
the State of California.
   (3) On California Poppy Day, exercises honoring the California
Poppy, including instruction about native plants, particularly the
California Poppy, and the economic and aesthetic value of
wildflowers; promoting responsible behavior toward our natural
resources and a spirit of protection toward them; and emphasizing the
value of natural resources and conservation of natural resources.
   (4) On Harvey Milk Day, exercises remembering the life of Harvey
Milk, recognizing his accomplishments, and familiarizing pupils with
the contributions he made to this state.
   (c) It is the intent of the Legislature that the exercises
encouraged in this section be integrated into the regular school
program, and be conducted by the school or institution within the
amount otherwise budgeted for educational programs.

37222.5.  (a) In addition to the days specified in Section 37222,
the day of March 30 in each year shall be designated and set apart as
Welcome Home Vietnam Veterans Day.
   (b) On the day designated in subdivision (a), all public schools
and educational institutions are encouraged to observe that day and
to conduct exercises recognizing the contributions of all those
involved in the Vietnam War and remembering the sacrifices they made
for their country.
   (c) It is the intent of the Legislature that the exercises
encouraged in this section be integrated into the regular school
program, and be conducted by the school or institution within the
amount otherwise budgeted for educational programs.

37223.  (a) The governing board of any elementary, high school, or
unified school district or any county superintendent of schools may
maintain classes on Saturday or Sunday, or both.
   The classes may include, but are not limited to, continuation
classes, special day classes for mentally gifted minors, makeup
classes for unexcused absences occurring during the week, and the
programs of a regional occupational center or regional occupational
program.
   (b) Except as otherwise provided in this code, the attendance of
any pupil in a class or program held on a Saturday or Sunday shall
not result in the crediting of more than five days of attendance for
the pupil per week.
   (c) Attendance at classes conducted on Saturday or Sunday, or
both, shall be at the election of the pupil or, in the case of a
minor pupil, the parent or guardian of the pupil. However, the
governing board may require truants, as defined by Section 48260, to
attend makeup classes conducted on one day of a weekend.
   (d) Except as otherwise provided in this code, any class which is
offered on a Saturday or Sunday shall be one offered during the
regular Monday through Friday school week.
   (e) The voluntary attendance of pupils in approved programs for
mentally gifted minors, as defined in Section 52200, in special
educational activities conducted on Saturday or Sunday shall not be
included in the computation of the average daily attendance of the
district.
   (f) Subdivisions (b) and (d) of this section shall not apply to
regional occupational centers or programs.