State Codes and Statutes

Statutes > California > Edc > 46300-46307.1

EDUCATION CODE
SECTION 46300-46307.1



46300.  (a) In computing average daily attendance of a school
district or county office of education, there shall be included the
attendance of pupils while engaged in educational activities required
of those pupils and under the immediate supervision and control of
an employee of the district or county office who possessed a valid
certification document, registered as required by law.
   (b) (1) For purposes of a work experience education program in a
secondary school that meets the standards of the California State
Plan for Career Technical Education, "immediate supervision," in the
context of off-campus work training stations, means pupil
participation in on-the-job training as outlined under a training
agreement, coordinated by the school district under a state-approved
plan, wherein the employer and certificated school personnel share
the responsibility for on-the-job supervision.
   (2) The pupil-teacher ratio in a work experience program shall not
exceed 125 pupils per full-time equivalent certificated teacher
coordinator. This ratio may be waived by the state board pursuant to
Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of
Division 2 under criteria developed by the state board.
   (3) A pupil enrolled in a work experience program shall not be
credited with more than one day of attendance per calendar day, and
shall be a full-time pupil enrolled in regular classes that meet the
requirements of Section 46141 or 46144.
   (c) (1) For purposes of the rehabilitative schools, classes, or
programs described in Section 48917 that require immediate
supervision, "immediate supervision" means that the person to whom
the pupil is required to report for training, counseling, tutoring,
or other prescribed activity shares the responsibility for the
supervision of the pupils in the rehabilitative activities with
certificated personnel of the district.
   (2) A pupil enrolled in a rehabilitative school, class, or program
shall not be credited with more than one day of attendance per
calendar day.
   (d) (1) For purposes of computing the average daily attendance of
pupils engaged in the educational activities required of high school
pupils who are also enrolled in a regional occupational center or
regional occupational program, the school district shall receive
proportional average daily attendance credit for those educational
activities that are less than the minimum schoolday, pursuant to
regulations adopted by the state board; however, none of that
attendance shall be counted for purposes of computing attendance
pursuant to Section 52324.
   (2) A school district shall not receive proportional average daily
attendance credit pursuant to this subdivision for a pupil in
attendance for less than 145 minutes each day.
   (3) The divisor for computing proportional average daily
attendance pursuant to this subdivision is 240, except that, in the
case of a pupil excused from physical education classes pursuant to
Section 52316, the divisor is 180.
   (4) Notwithstanding any other provision of law, travel time of
pupils to attend a regional occupational center or regional
occupational program shall not be used in any manner in the
computation of average daily attendance.
   (e) (1) In computing the average daily attendance of a school
district, there shall also be included the attendance of pupils
participating in independent study conducted pursuant to Article 5.5
(commencing with Section 51745) of Chapter 5 of Part 28 for five or
more consecutive schooldays.
   (2) A pupil participating in independent study shall not be
credited with more than one day of attendance per calendar day.
   (f) For purposes of cooperative career technical education
programs and community classrooms described in Section 52372.1,
"immediate supervision" means pupil participation in paid and unpaid
on-the-job experiences, as outlined under a training agreement and
individualized training plans wherein the supervisor of the training
site and certificated school personnel share the responsibility for
the supervision of on-the-job experiences.
   (g) (1) In computing the average daily attendance of a school
district, there shall be included the attendance of pupils in
kindergarten after they have completed one school year in
kindergarten or pupils in a transitional kindergarten program after
they have completed one year in that program if one of the following
conditions is met:
   (A) The school district has on file for each of those pupils an
agreement made pursuant to Section 48011, approved in form and
content by the department and signed by the pupil's parent or
guardian, that the pupil may continue in kindergarten for not more
than one additional school year.
   (B) The pupils participated in a transitional kindergarten program
pursuant to subdivision (c) of Section 48000.
   (2) A school district may not include for apportionment purposes
the attendance of any pupil for more than two years in kindergarten
or for more than two years in a combination of transitional
kindergarten and kindergarten.



46300.1.  Commencing July 1, 1993, no school district may receive
school district apportionments pursuant to Section 42238 for
independent study by pupils 21 years of age or older or by pupils 19
years of age or older who have not been continuously enrolled in
kindergarten or any of grades 1 to 12, inclusive, since their 18th
birthday.



46300.2.  The State Department of Education shall apportion funds
for community school and independent study average daily attendance
only for average daily attendance claimed by school districts and
county superintendents of schools for pupils who officially reside in
the county in which the apportionment claim is reported, or who
officially reside in a county immediately adjacent to the county in
which the apportionment claim is reported.



46300.4.  If a pupil 21 years of age or older, or a pupil 19 years
of age or older, has not been continuously enrolled in kindergarten
or any of grades 1 to 12, inclusive, since his or her 18th birthday,
any attendance credit for coursework he or she is pursuing through
independent study shall be eligible for apportionment only if it is
one or more of the types of courses set forth in paragraph (1) of
subdivision (a) of Section 51225.3 or any course required by the
governing board as a prerequisite to receiving a diploma of high
school graduation.
   This section shall become operative on July 1, 1990.



46300.5.  For the purposes of educational programs sponsored by the
California Firefighter Joint Apprenticeship Program, the term
"immediate supervision" as used in Section 46300 means, in the
context of classes conducted at the workplace, pupil participation in
classes instructed by a person who is qualified, by means of
education or experience, as a journeyman, and shares the
responsibility for supervision of the pupils participating in the
classes with certificated personnel of the district.



46300.6.  The State Department of Education shall not apportion
funds to a local education agency for a pupil in the independent
study program if that agency has provided any funds or other things
of value to the pupil or his or her parent or guardian that the
agency does not provide to pupils who attend regular classes or to
their parents or guardians.



46300.7.  Notwithstanding any other provision of law, no school
district or county office of education shall receive apportionments
for any pupil in independent study unless that entity receives
written permission from the parent or guardian of the pupil prior to
the commencement of independent study by that pupil. The written
permission shall specify the actual dates of participation, the
methods of study and evaluation, and the resources to be made
available for the independent study program for the pupil.



46301.  Whenever it is necessary to compute the average daily
attendance of a school of a district for any certain purpose and no
provision is made for the computation thereof for such purpose, the
average daily attendance of the school shall be computed by dividing
the total number of days of pupil attendance allowed by the number of
days school was actually taught in the regular day schools of the
district, exclusive of Saturdays or Sundays.



46302.  Where in a high school or elementary school four terms of
school of at least 12 weeks each are maintained during a fiscal year,
and where the course of instruction is so arranged that students may
complete a full year's work in any three terms, the total number of
days of pupils attendance shall be divided by the greatest number of
days school was actually taught in any three of the four terms, but
in no case shall the divisor be less than 175.



46303.  (a) If any computation of average daily attendance made
under, or necessitated by, any provision of law, results in a
fraction of less than one-half of a unit, the average daily
attendance shall be taken as the next lowest whole number, except
that if such computation results in an average daily attendance of
less than one unit, the average daily attendance shall be deemed to
be one unit; but if the fraction is one-half or more of a unit, the
average daily attendance shall be taken as the next highest whole
number.
   (b) Whenever any reference is made to a specific whole number of
units of average daily attendance said number shall include any
fraction above said number which is less than one-half of a unit, and
any fraction of one-half or more of a unit above the next lowest
whole number.



46304.  (a) Notwithstanding anything in this code to the contrary
when as a result of the unification or other reorganization of school
districts, or the change of school district boundaries, and if the
Superintendent of Public Instruction determines that a school
district in which pupils reside does not have suitable facilities in
which to maintain school for all the day pupils of the district, or
that for other good and sufficient reasons the education of pupils in
the district in which they reside is not practical or in the best
interests of the pupils, the governing board of the district of
residence shall contract with the governing board of another school
district for the education of those pupils for whom suitable
facilities are not available, or who should be educated in another
district, as determined by the Superintendent of Public Instruction.
   (b) Except as provided in subdivision (b) of Section 46607 and
Sections 46610 and 46611, the average daily attendance of pupils
attending a district other than the district in which they reside
pursuant to a contract described in subdivision (a) shall be credited
to the district of attendance for apportionment purposes.
   (c) Any reorganization proposal approved by the State Board of
Education on or before December 31, 1994, shall be governed by
Section 46304 as it existed on December 31, 1994.




46305.  Each elementary, high school, and unified school district
shall report to the Superintendent of Public Instruction on forms
prepared by the Department of Education in addition to all other
attendance data as required, the active enrollment as of the third
Wednesday of each school month and the actual attendance on the third
Wednesday of each school month; except that if such day is a school
holiday, the active enrollment and actual attendance of the first
immediate preceding schoolday shall be reported. "Active enrollment"
on a day a count is taken means the pupils in enrollment in the
regular schooldays of the district on the first day of the school
year on which the schools were in session, plus all later enrollees,
minus all withdrawals since that day.



46306.  Notwithstanding any other provision of law, the average
daily attendance of pupils enrolled in summer schools shall be
credited to the school district in the fiscal year in which the last
day of the summer school falls.


46307.  Attendance of individuals with exceptional needs, identified
pursuant to Chapter 4 (commencing with Section 56300) of Part 30,
enrolled in a special day class or given instruction individually or
in a home, hospital, or licensed children's institution who attend
school for either the same number of minutes that constitutes a
minimum schoolday pursuant to Chapter 2 (commencing with Section
46100), or for the number of minutes of attendance specified in that
pupil's individualized education program developed pursuant to
Article 3 (commencing with Section 56340) of Chapter 4 of Part 30,
whichever is less, shall constitute a day of attendance.




46307.1.  The computation of average daily attendance pursuant to
this chapter shall not include the attendance of minors between the
ages of 18 months and three years, inclusive, enrolled in programs
operated by a county superintendent of schools who are physically
handicapped, deaf or hard of hearing, or have speech disorders or
speech defects.


State Codes and Statutes

Statutes > California > Edc > 46300-46307.1

EDUCATION CODE
SECTION 46300-46307.1



46300.  (a) In computing average daily attendance of a school
district or county office of education, there shall be included the
attendance of pupils while engaged in educational activities required
of those pupils and under the immediate supervision and control of
an employee of the district or county office who possessed a valid
certification document, registered as required by law.
   (b) (1) For purposes of a work experience education program in a
secondary school that meets the standards of the California State
Plan for Career Technical Education, "immediate supervision," in the
context of off-campus work training stations, means pupil
participation in on-the-job training as outlined under a training
agreement, coordinated by the school district under a state-approved
plan, wherein the employer and certificated school personnel share
the responsibility for on-the-job supervision.
   (2) The pupil-teacher ratio in a work experience program shall not
exceed 125 pupils per full-time equivalent certificated teacher
coordinator. This ratio may be waived by the state board pursuant to
Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of
Division 2 under criteria developed by the state board.
   (3) A pupil enrolled in a work experience program shall not be
credited with more than one day of attendance per calendar day, and
shall be a full-time pupil enrolled in regular classes that meet the
requirements of Section 46141 or 46144.
   (c) (1) For purposes of the rehabilitative schools, classes, or
programs described in Section 48917 that require immediate
supervision, "immediate supervision" means that the person to whom
the pupil is required to report for training, counseling, tutoring,
or other prescribed activity shares the responsibility for the
supervision of the pupils in the rehabilitative activities with
certificated personnel of the district.
   (2) A pupil enrolled in a rehabilitative school, class, or program
shall not be credited with more than one day of attendance per
calendar day.
   (d) (1) For purposes of computing the average daily attendance of
pupils engaged in the educational activities required of high school
pupils who are also enrolled in a regional occupational center or
regional occupational program, the school district shall receive
proportional average daily attendance credit for those educational
activities that are less than the minimum schoolday, pursuant to
regulations adopted by the state board; however, none of that
attendance shall be counted for purposes of computing attendance
pursuant to Section 52324.
   (2) A school district shall not receive proportional average daily
attendance credit pursuant to this subdivision for a pupil in
attendance for less than 145 minutes each day.
   (3) The divisor for computing proportional average daily
attendance pursuant to this subdivision is 240, except that, in the
case of a pupil excused from physical education classes pursuant to
Section 52316, the divisor is 180.
   (4) Notwithstanding any other provision of law, travel time of
pupils to attend a regional occupational center or regional
occupational program shall not be used in any manner in the
computation of average daily attendance.
   (e) (1) In computing the average daily attendance of a school
district, there shall also be included the attendance of pupils
participating in independent study conducted pursuant to Article 5.5
(commencing with Section 51745) of Chapter 5 of Part 28 for five or
more consecutive schooldays.
   (2) A pupil participating in independent study shall not be
credited with more than one day of attendance per calendar day.
   (f) For purposes of cooperative career technical education
programs and community classrooms described in Section 52372.1,
"immediate supervision" means pupil participation in paid and unpaid
on-the-job experiences, as outlined under a training agreement and
individualized training plans wherein the supervisor of the training
site and certificated school personnel share the responsibility for
the supervision of on-the-job experiences.
   (g) (1) In computing the average daily attendance of a school
district, there shall be included the attendance of pupils in
kindergarten after they have completed one school year in
kindergarten or pupils in a transitional kindergarten program after
they have completed one year in that program if one of the following
conditions is met:
   (A) The school district has on file for each of those pupils an
agreement made pursuant to Section 48011, approved in form and
content by the department and signed by the pupil's parent or
guardian, that the pupil may continue in kindergarten for not more
than one additional school year.
   (B) The pupils participated in a transitional kindergarten program
pursuant to subdivision (c) of Section 48000.
   (2) A school district may not include for apportionment purposes
the attendance of any pupil for more than two years in kindergarten
or for more than two years in a combination of transitional
kindergarten and kindergarten.



46300.1.  Commencing July 1, 1993, no school district may receive
school district apportionments pursuant to Section 42238 for
independent study by pupils 21 years of age or older or by pupils 19
years of age or older who have not been continuously enrolled in
kindergarten or any of grades 1 to 12, inclusive, since their 18th
birthday.



46300.2.  The State Department of Education shall apportion funds
for community school and independent study average daily attendance
only for average daily attendance claimed by school districts and
county superintendents of schools for pupils who officially reside in
the county in which the apportionment claim is reported, or who
officially reside in a county immediately adjacent to the county in
which the apportionment claim is reported.



46300.4.  If a pupil 21 years of age or older, or a pupil 19 years
of age or older, has not been continuously enrolled in kindergarten
or any of grades 1 to 12, inclusive, since his or her 18th birthday,
any attendance credit for coursework he or she is pursuing through
independent study shall be eligible for apportionment only if it is
one or more of the types of courses set forth in paragraph (1) of
subdivision (a) of Section 51225.3 or any course required by the
governing board as a prerequisite to receiving a diploma of high
school graduation.
   This section shall become operative on July 1, 1990.



46300.5.  For the purposes of educational programs sponsored by the
California Firefighter Joint Apprenticeship Program, the term
"immediate supervision" as used in Section 46300 means, in the
context of classes conducted at the workplace, pupil participation in
classes instructed by a person who is qualified, by means of
education or experience, as a journeyman, and shares the
responsibility for supervision of the pupils participating in the
classes with certificated personnel of the district.



46300.6.  The State Department of Education shall not apportion
funds to a local education agency for a pupil in the independent
study program if that agency has provided any funds or other things
of value to the pupil or his or her parent or guardian that the
agency does not provide to pupils who attend regular classes or to
their parents or guardians.



46300.7.  Notwithstanding any other provision of law, no school
district or county office of education shall receive apportionments
for any pupil in independent study unless that entity receives
written permission from the parent or guardian of the pupil prior to
the commencement of independent study by that pupil. The written
permission shall specify the actual dates of participation, the
methods of study and evaluation, and the resources to be made
available for the independent study program for the pupil.



46301.  Whenever it is necessary to compute the average daily
attendance of a school of a district for any certain purpose and no
provision is made for the computation thereof for such purpose, the
average daily attendance of the school shall be computed by dividing
the total number of days of pupil attendance allowed by the number of
days school was actually taught in the regular day schools of the
district, exclusive of Saturdays or Sundays.



46302.  Where in a high school or elementary school four terms of
school of at least 12 weeks each are maintained during a fiscal year,
and where the course of instruction is so arranged that students may
complete a full year's work in any three terms, the total number of
days of pupils attendance shall be divided by the greatest number of
days school was actually taught in any three of the four terms, but
in no case shall the divisor be less than 175.



46303.  (a) If any computation of average daily attendance made
under, or necessitated by, any provision of law, results in a
fraction of less than one-half of a unit, the average daily
attendance shall be taken as the next lowest whole number, except
that if such computation results in an average daily attendance of
less than one unit, the average daily attendance shall be deemed to
be one unit; but if the fraction is one-half or more of a unit, the
average daily attendance shall be taken as the next highest whole
number.
   (b) Whenever any reference is made to a specific whole number of
units of average daily attendance said number shall include any
fraction above said number which is less than one-half of a unit, and
any fraction of one-half or more of a unit above the next lowest
whole number.



46304.  (a) Notwithstanding anything in this code to the contrary
when as a result of the unification or other reorganization of school
districts, or the change of school district boundaries, and if the
Superintendent of Public Instruction determines that a school
district in which pupils reside does not have suitable facilities in
which to maintain school for all the day pupils of the district, or
that for other good and sufficient reasons the education of pupils in
the district in which they reside is not practical or in the best
interests of the pupils, the governing board of the district of
residence shall contract with the governing board of another school
district for the education of those pupils for whom suitable
facilities are not available, or who should be educated in another
district, as determined by the Superintendent of Public Instruction.
   (b) Except as provided in subdivision (b) of Section 46607 and
Sections 46610 and 46611, the average daily attendance of pupils
attending a district other than the district in which they reside
pursuant to a contract described in subdivision (a) shall be credited
to the district of attendance for apportionment purposes.
   (c) Any reorganization proposal approved by the State Board of
Education on or before December 31, 1994, shall be governed by
Section 46304 as it existed on December 31, 1994.




46305.  Each elementary, high school, and unified school district
shall report to the Superintendent of Public Instruction on forms
prepared by the Department of Education in addition to all other
attendance data as required, the active enrollment as of the third
Wednesday of each school month and the actual attendance on the third
Wednesday of each school month; except that if such day is a school
holiday, the active enrollment and actual attendance of the first
immediate preceding schoolday shall be reported. "Active enrollment"
on a day a count is taken means the pupils in enrollment in the
regular schooldays of the district on the first day of the school
year on which the schools were in session, plus all later enrollees,
minus all withdrawals since that day.



46306.  Notwithstanding any other provision of law, the average
daily attendance of pupils enrolled in summer schools shall be
credited to the school district in the fiscal year in which the last
day of the summer school falls.


46307.  Attendance of individuals with exceptional needs, identified
pursuant to Chapter 4 (commencing with Section 56300) of Part 30,
enrolled in a special day class or given instruction individually or
in a home, hospital, or licensed children's institution who attend
school for either the same number of minutes that constitutes a
minimum schoolday pursuant to Chapter 2 (commencing with Section
46100), or for the number of minutes of attendance specified in that
pupil's individualized education program developed pursuant to
Article 3 (commencing with Section 56340) of Chapter 4 of Part 30,
whichever is less, shall constitute a day of attendance.




46307.1.  The computation of average daily attendance pursuant to
this chapter shall not include the attendance of minors between the
ages of 18 months and three years, inclusive, enrolled in programs
operated by a county superintendent of schools who are physically
handicapped, deaf or hard of hearing, or have speech disorders or
speech defects.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 46300-46307.1

EDUCATION CODE
SECTION 46300-46307.1



46300.  (a) In computing average daily attendance of a school
district or county office of education, there shall be included the
attendance of pupils while engaged in educational activities required
of those pupils and under the immediate supervision and control of
an employee of the district or county office who possessed a valid
certification document, registered as required by law.
   (b) (1) For purposes of a work experience education program in a
secondary school that meets the standards of the California State
Plan for Career Technical Education, "immediate supervision," in the
context of off-campus work training stations, means pupil
participation in on-the-job training as outlined under a training
agreement, coordinated by the school district under a state-approved
plan, wherein the employer and certificated school personnel share
the responsibility for on-the-job supervision.
   (2) The pupil-teacher ratio in a work experience program shall not
exceed 125 pupils per full-time equivalent certificated teacher
coordinator. This ratio may be waived by the state board pursuant to
Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of
Division 2 under criteria developed by the state board.
   (3) A pupil enrolled in a work experience program shall not be
credited with more than one day of attendance per calendar day, and
shall be a full-time pupil enrolled in regular classes that meet the
requirements of Section 46141 or 46144.
   (c) (1) For purposes of the rehabilitative schools, classes, or
programs described in Section 48917 that require immediate
supervision, "immediate supervision" means that the person to whom
the pupil is required to report for training, counseling, tutoring,
or other prescribed activity shares the responsibility for the
supervision of the pupils in the rehabilitative activities with
certificated personnel of the district.
   (2) A pupil enrolled in a rehabilitative school, class, or program
shall not be credited with more than one day of attendance per
calendar day.
   (d) (1) For purposes of computing the average daily attendance of
pupils engaged in the educational activities required of high school
pupils who are also enrolled in a regional occupational center or
regional occupational program, the school district shall receive
proportional average daily attendance credit for those educational
activities that are less than the minimum schoolday, pursuant to
regulations adopted by the state board; however, none of that
attendance shall be counted for purposes of computing attendance
pursuant to Section 52324.
   (2) A school district shall not receive proportional average daily
attendance credit pursuant to this subdivision for a pupil in
attendance for less than 145 minutes each day.
   (3) The divisor for computing proportional average daily
attendance pursuant to this subdivision is 240, except that, in the
case of a pupil excused from physical education classes pursuant to
Section 52316, the divisor is 180.
   (4) Notwithstanding any other provision of law, travel time of
pupils to attend a regional occupational center or regional
occupational program shall not be used in any manner in the
computation of average daily attendance.
   (e) (1) In computing the average daily attendance of a school
district, there shall also be included the attendance of pupils
participating in independent study conducted pursuant to Article 5.5
(commencing with Section 51745) of Chapter 5 of Part 28 for five or
more consecutive schooldays.
   (2) A pupil participating in independent study shall not be
credited with more than one day of attendance per calendar day.
   (f) For purposes of cooperative career technical education
programs and community classrooms described in Section 52372.1,
"immediate supervision" means pupil participation in paid and unpaid
on-the-job experiences, as outlined under a training agreement and
individualized training plans wherein the supervisor of the training
site and certificated school personnel share the responsibility for
the supervision of on-the-job experiences.
   (g) (1) In computing the average daily attendance of a school
district, there shall be included the attendance of pupils in
kindergarten after they have completed one school year in
kindergarten or pupils in a transitional kindergarten program after
they have completed one year in that program if one of the following
conditions is met:
   (A) The school district has on file for each of those pupils an
agreement made pursuant to Section 48011, approved in form and
content by the department and signed by the pupil's parent or
guardian, that the pupil may continue in kindergarten for not more
than one additional school year.
   (B) The pupils participated in a transitional kindergarten program
pursuant to subdivision (c) of Section 48000.
   (2) A school district may not include for apportionment purposes
the attendance of any pupil for more than two years in kindergarten
or for more than two years in a combination of transitional
kindergarten and kindergarten.



46300.1.  Commencing July 1, 1993, no school district may receive
school district apportionments pursuant to Section 42238 for
independent study by pupils 21 years of age or older or by pupils 19
years of age or older who have not been continuously enrolled in
kindergarten or any of grades 1 to 12, inclusive, since their 18th
birthday.



46300.2.  The State Department of Education shall apportion funds
for community school and independent study average daily attendance
only for average daily attendance claimed by school districts and
county superintendents of schools for pupils who officially reside in
the county in which the apportionment claim is reported, or who
officially reside in a county immediately adjacent to the county in
which the apportionment claim is reported.



46300.4.  If a pupil 21 years of age or older, or a pupil 19 years
of age or older, has not been continuously enrolled in kindergarten
or any of grades 1 to 12, inclusive, since his or her 18th birthday,
any attendance credit for coursework he or she is pursuing through
independent study shall be eligible for apportionment only if it is
one or more of the types of courses set forth in paragraph (1) of
subdivision (a) of Section 51225.3 or any course required by the
governing board as a prerequisite to receiving a diploma of high
school graduation.
   This section shall become operative on July 1, 1990.



46300.5.  For the purposes of educational programs sponsored by the
California Firefighter Joint Apprenticeship Program, the term
"immediate supervision" as used in Section 46300 means, in the
context of classes conducted at the workplace, pupil participation in
classes instructed by a person who is qualified, by means of
education or experience, as a journeyman, and shares the
responsibility for supervision of the pupils participating in the
classes with certificated personnel of the district.



46300.6.  The State Department of Education shall not apportion
funds to a local education agency for a pupil in the independent
study program if that agency has provided any funds or other things
of value to the pupil or his or her parent or guardian that the
agency does not provide to pupils who attend regular classes or to
their parents or guardians.



46300.7.  Notwithstanding any other provision of law, no school
district or county office of education shall receive apportionments
for any pupil in independent study unless that entity receives
written permission from the parent or guardian of the pupil prior to
the commencement of independent study by that pupil. The written
permission shall specify the actual dates of participation, the
methods of study and evaluation, and the resources to be made
available for the independent study program for the pupil.



46301.  Whenever it is necessary to compute the average daily
attendance of a school of a district for any certain purpose and no
provision is made for the computation thereof for such purpose, the
average daily attendance of the school shall be computed by dividing
the total number of days of pupil attendance allowed by the number of
days school was actually taught in the regular day schools of the
district, exclusive of Saturdays or Sundays.



46302.  Where in a high school or elementary school four terms of
school of at least 12 weeks each are maintained during a fiscal year,
and where the course of instruction is so arranged that students may
complete a full year's work in any three terms, the total number of
days of pupils attendance shall be divided by the greatest number of
days school was actually taught in any three of the four terms, but
in no case shall the divisor be less than 175.



46303.  (a) If any computation of average daily attendance made
under, or necessitated by, any provision of law, results in a
fraction of less than one-half of a unit, the average daily
attendance shall be taken as the next lowest whole number, except
that if such computation results in an average daily attendance of
less than one unit, the average daily attendance shall be deemed to
be one unit; but if the fraction is one-half or more of a unit, the
average daily attendance shall be taken as the next highest whole
number.
   (b) Whenever any reference is made to a specific whole number of
units of average daily attendance said number shall include any
fraction above said number which is less than one-half of a unit, and
any fraction of one-half or more of a unit above the next lowest
whole number.



46304.  (a) Notwithstanding anything in this code to the contrary
when as a result of the unification or other reorganization of school
districts, or the change of school district boundaries, and if the
Superintendent of Public Instruction determines that a school
district in which pupils reside does not have suitable facilities in
which to maintain school for all the day pupils of the district, or
that for other good and sufficient reasons the education of pupils in
the district in which they reside is not practical or in the best
interests of the pupils, the governing board of the district of
residence shall contract with the governing board of another school
district for the education of those pupils for whom suitable
facilities are not available, or who should be educated in another
district, as determined by the Superintendent of Public Instruction.
   (b) Except as provided in subdivision (b) of Section 46607 and
Sections 46610 and 46611, the average daily attendance of pupils
attending a district other than the district in which they reside
pursuant to a contract described in subdivision (a) shall be credited
to the district of attendance for apportionment purposes.
   (c) Any reorganization proposal approved by the State Board of
Education on or before December 31, 1994, shall be governed by
Section 46304 as it existed on December 31, 1994.




46305.  Each elementary, high school, and unified school district
shall report to the Superintendent of Public Instruction on forms
prepared by the Department of Education in addition to all other
attendance data as required, the active enrollment as of the third
Wednesday of each school month and the actual attendance on the third
Wednesday of each school month; except that if such day is a school
holiday, the active enrollment and actual attendance of the first
immediate preceding schoolday shall be reported. "Active enrollment"
on a day a count is taken means the pupils in enrollment in the
regular schooldays of the district on the first day of the school
year on which the schools were in session, plus all later enrollees,
minus all withdrawals since that day.



46306.  Notwithstanding any other provision of law, the average
daily attendance of pupils enrolled in summer schools shall be
credited to the school district in the fiscal year in which the last
day of the summer school falls.


46307.  Attendance of individuals with exceptional needs, identified
pursuant to Chapter 4 (commencing with Section 56300) of Part 30,
enrolled in a special day class or given instruction individually or
in a home, hospital, or licensed children's institution who attend
school for either the same number of minutes that constitutes a
minimum schoolday pursuant to Chapter 2 (commencing with Section
46100), or for the number of minutes of attendance specified in that
pupil's individualized education program developed pursuant to
Article 3 (commencing with Section 56340) of Chapter 4 of Part 30,
whichever is less, shall constitute a day of attendance.




46307.1.  The computation of average daily attendance pursuant to
this chapter shall not include the attendance of minors between the
ages of 18 months and three years, inclusive, enrolled in programs
operated by a county superintendent of schools who are physically
handicapped, deaf or hard of hearing, or have speech disorders or
speech defects.