2005 California Education Code Sections 52080-52090 GRADE 9

52080.  This chapter shall be known and may be cited as the
Morgan-Hart Class Size Reduction Act of 1989.
52081.  The following entities shall not be eligible to participate
in the Program to Reduce Class Size in Two Courses in Grade 9:
   (a) County boards of education.
   (b) County superintendents of schools.
52082.  Except as otherwise provided by subdivisions (a) and (b) of
Section 52081, any school district that maintains grade 9, may apply
to the Superintendent of Public Instruction for an apportionment to
implement a Program to Reduce Class Size in Two Courses in Grade 9.
52084.  A school district's application to implement a program
pursuant to this chapter shall comprise the following:
   (a) Certification that the grade 9 course or the two grade 9
courses included in the program count toward completion of the
graduation requirements established in subparagraph (A), (B), (C), or
(D) of paragraph (1) of subdivision (a) of Section 51225.3;
provided, however, that one of the courses included in the program
shall be English.
   (b) Certification of the number of grade 9 classes included in the
program in the courses designated pursuant to subdivision (a).
   (c) Certification that the classes identified pursuant to
subdivision (b) in each participating school shall on the average
have no more than 20 pupils per certificated teacher and no more than
22 pupils in any participating class.
   (d) Certification of pupil enrollment in each class designated
pursuant to subdivision (b), as determined pursuant to regulations
authorized pursuant to subdivision (h).  For purposes of this
subdivision, the enrollment figure shall exclude both of the
following:
   (1) The number of special education pupils enrolled in special day
classes on a full-time basis.
   (2) The number of pupils enrolled in necessary small schools that
receive funding pursuant to Article 4 (commencing with Section 42280)
of Chapter 7 of Part 24.
   (e) The district's certification shall include a statement that
implementation of a class size reduction program pursuant to this
chapter has not adversely affected existing class size in courses not
referenced in this chapter.
   (f) While it is the intent of the Legislature that this program
not increase the need for additional classroom facilities, a school
district may utilize any funds apportioned pursuant to Section 52086
for the purpose of leasing additional classroom space in order to
reduce overcrowded classroom conditions and to reduce
pupil-to-teacher ratios.
   (g) Any program that includes classes in grade 10, 11, or 12 and
that was funded before June 30, 1998, shall continue to be funded for
those other classes unless the school district elects to eliminate
that program.  A school district that elects to continue to operate a
class size reduction program in grades 10 to 12, inclusive, shall be
eligible to receive  one hundred sixty-five dollars ($165) per pupil
certified pursuant to this chapter as it read on July 1, 1998,
adjusted annually commencing with the 2000-01 fiscal year for the
inflation adjustment calculated pursuant to subdivision (b) of
Section 42238.1, except that total funding shall not exceed the
amount received by the school district for the program for grades 10
to 12, inclusive, in the 1997-98 fiscal year.
   (h) The Superintendent of Public Instruction shall recommend, and
the State Board of Education shall adopt, regulations for the
implementation of this chapter no later than October 17, 1998.
   (i) The Controller shall include instructions appropriate to the
enforcement of the provisions of this chapter in the audit guide
required by subdivision (a) of Section 14502.
52086.  (a) The Superintendent of Public Instruction shall apportion
to each applicant district an amount equal to  one hundred
sixty-five dollars ($165) per unit of full-year equivalent enrollment
reported pursuant to subdivision (d) of Section 52084 if the
district certifies an average class size of 20 pupils and no more
than 22 pupils in each participating class at each participating
school, adjusted annually commencing with the 2000-01 fiscal year for
the inflation adjustment calculated pursuant to subdivision (b) of
Section 42238.1.
   (b) Funds apportioned pursuant to this section shall not become
part of a district's revenue limit, and shall be identified as a
separate item of expenditure on any financial reports filed by school
districts with the state pursuant to statute or regulation.
52086.5.  (a) Notwithstanding any other provision of law, as an
alternative to a class size reduction program that reduces class size
in grade 9 to an average of 20 pupils in two classes as set forth in
this article, the Tamalpais Union High School District may, on a
pilot project basis, implement a class size reduction program to
reduce class size in grade 9 to a maximum of 25 pupils per
certificated teacher in each of the four core subject areas of
English, mathematics, science, and social sciences, subject to an
agreement with the exclusive representative for collective bargaining
of the certificated employees.
   (b) All of the provisions of this article apply to the alternative
program, except that English, mathematics, science, and social
science classes shall be reduced in grade 9 to a maximum of 25 pupils
rather than an average of 20 pupils.  The increase to a maximum of
25 pupils per certificated teacher in each of the four subject areas
in grade 9 may not result in funding exceeding two times the grade 9
enrollment of the participating school.
   (c) A school participating in the pilot project shall have
attained a score of over 800 on the Academic Performance Index (API)
in the 2000-01 testing year.
   (d) The school district shall provide an annual evaluation report
to the State Board of Education on the effects on pupil achievement
of incorporating the four core subject areas into a smaller learning
community with a maximum class size of 25 pupils per certificated
teacher.
   (e) This section is inoperative on and after July 1, 2006, and as
of January 1, 2007, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2007, deletes or extends
the dates on which it becomes inoperative and is repealed.
52090.  In any fiscal year, if the funds appropriated for the
purposes of this chapter by the Budget Act are insufficient to fully
fund the program pursuant to the formula established in Section
52086, the Superintendent of Public Instruction shall apportion the
available funds on a pro rata basis by applying a deficit factor to
the apportionment calculated for each applicant district pursuant to
Section 52086.