§51745. (a) Commencing with the 1990-91 school year, the governing board of a school district or a county office of education may offer independent study to meet the educational needs of pupils in accordance with the requirements of this article. Educational opportunities offered through independent study may include, but shall not be limited to, the following:

(1) Special assignments extending the content of regular courses of instruction.

(2) Individualized study in a particular area of interest or in a subject not currently available in the regular school curriculum.

(3) Individualized alternative education designed to teach the knowledge and skills of the core curriculum. Independent study shall not be provided as an alternative curriculum.

(4) Continuing and special study during travel.

(5) Volunteer community service activities that support and strengthen pupil achievement.

(b) Not more than 10 percent of the pupils participating in an opportunity school or program, or a continuation high school, calculated as specified by the State Department of Education, shall be eligible for apportionment credit for independent study pursuant to this article.

(c) No individual with exceptional needs, as defined in Section 56026, may participate in independent study, unless his or her individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 specifically provides for that participation.

(d) No temporarily disabled pupil may receive individual instruction pursuant to Section 48206.3 through independent study.

(e) No course among the courses required for high school graduation under Section 51225.3 shall be offered exclusively through independent study.

(e) In computing the average daily attendance of a school district, there shall also be included the attendance of pupils participating in an independent study program conducted pursuant to Article 5.5 (commencing with Section 51745 of Chapter 5 of Part 28.

A pupil enrolled in an independent study program shall not be credited with more than one day of attendance per calendar day.

§51745.5. The independent study of each pupil 18 years of age or less shall be coordinated, evaluated, and, notwithstanding subdivision (a) of Section 46300, under the general supervision of an employee of the school district or county office of education who possesses a valid certification document pursuant to Section 44685, registered as required by law.

§51748. School districts and county offices of education shall not be eligible to receive apportionment for independent study attendance by any pupil who is not otherwise identified in the written records of the district or county board by grade level, program placement, and the school in which he or she is enrolled. (emphasis added)

§51745.6. [intended to be §51747.6, but numbered erroneously in Chapter 1263, Statutes of 1990] (a) The ratio of average daily attendance by independent study pupils 18 years of age or less to school district full-time equivalent certificated employees responsible for independent study, calculated as specified by the State Department of Education, shall not exceed the equivalent ratio for all other education programs operated by the school district. The ratio of average daily attendance by independent study pupils 18 years of age or less to county office of education full-time equivalent certificated employees responsible for independent study, to be calculated in a manner prescribed by the State Department of Education, shall not exceed the equivalent ratio for all other educational programs operated by the high school or unified school district with the largest average daily attendance of pupils in that county. The computation of those ratios shall be performed annually by the reporting agency at the time of, and in connection with, the second principal apportionment report to the Superintendent of Public Instruction.

(b) Only those units of average daily attendance for independent study that reflect a pupil-teacher ratio that does not exceed the ratio described in subdivision (a) shall be eligible for apportionment pursuant to Section 42238.5, for school districts and Section 2558, for county offices of education. Nothing in this subdivision shall prevent a school district or county office of education from serving additional units of average daily attendance greater than the ratio described in subdivision (a), except that those additional units shall not be funded pursuant to Section 42238.5 or Section 2558.

(c) The calculations performed for purposes of this section shall not include either of the following:

(1) The average daily attendance generated by special education pupils enrolled in special day classes on a full-time basis, or the teachers of those classes.

(2) The average daily attendance or teachers in necessary small schools that are eligible to receive funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24.

§51747. A school district or county office of education shall not be eligible to receive apportionments for independent study by pupils, regardless of age, unless it has adopted written policies, pursuant to rules and regulations adopted by the Superintendent of Public Instruction, which include, but are not limited to, each of the following:

(a) The maximum length of time, by grade level and type of program, which may elapse between the time an independent study assignment is made and the date by which the pupil must complete the assigned work.

(b) The number of missed assignments which will be allowed before an evaluation is conducted to determine whether it is in the best interests of the pupil to remain in independent study, or whether he or she should return to the regular school program. A written record of the findings of any evaluation made pursuant to this subdivision shall be maintained in the pupil's permanent record.

(c) A requirement that a current written agreement for each independent study pupil shall be maintained on file including, but not limited to, all of the following:

(1) The manner, time, frequency, and place for submitting a pupil's assignments and for reporting his or her progress.

(2) The method utilized to evaluate the pupil's work.

(3) The specific resources, including materials and personnel, which will be made available to the pupil.

(4) A statement of the policies adopted pursuant to subdivisions (a) and (b) regarding the maximum length of time allowed between the assignment and the completion of a pupil's assigned work, and the number of missed assignments which will require an evaluation of whether or not the pupil should be allowed to continue in independent study.

(5) The duration of the independent study agreement. No independent study agreement shall be valid for any period longer than one semester or one-half-year for a school on a year-round calendar.

(6) A statement of the number of course credits or, for the elementary grades, other measures of academic accomplishment appropriate to the agreement, to be earned by the pupil upon completion.

(7) The inclusion of a statement in each independent study agreement that independent study is an optional educational alternative in which no pupil may be required to participate.

(8) Each written agreement shall be signed by the pupil, the pupil's parent or guardian if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of independent study, and all persons who have direct responsibility for providing assistance to the pupil.

5 CCR 11700. (a) "Independent Study" means an alternative to classroom instruction consistent with the district's course of study.

(b) "Type of program" means the "educational opportunities" as set out in Education Code Section 51745(a).

(c) "Missed assignment" means any specified independent study assignment that has not been turned in, or evidenced as completed, by a pupil by the due date for the assignment.

(d) "Regular school program" means the classroom-based instructional program or its equivalent in which a pupil would have attended had the pupil not elected the independent study.

(e) "The method utilized to evaluate" means any method by which the supervising teacher assesses the extent to which achievement of the pupil meets the goals and objectives specified in the written agreement.

(f) "Supervising teacher" means the employee of the school district or county office of education who possesses a valid certification document and who has been assigned, in the written agreement, the responsibility for coordinating, evaluating and providing general supervision of a pupil's independent study pursuant to Education Code Section 51747.

(g) "Specific resources" may not be construed to exclude resources normally available to all pupils on the same terms and that they are normally available to all pupils, and shall be construed to include resources needed to achieve the objectives in the written agreement.

(h) "An optional educational alternative" means an uncoerced option that is an alternative to regular school attendance.

(i) "General supervision" means the supervising teacher's 1) continuing oversight of the study design, implementation plan, allocation of resources, and evaluation of pupil progress for any pupil's independent study; and 2) review, on at least a monthly sampling basis, of determinations of the time values for apportionment purposes of each pupil's completed assignments.

(j) "Full-time equivalent certificated employees" means any combination of full-time certificated employees and part-time certificated employee assignments that aggregate to the amount of instructional time specified in the contract of a full-time certificated classroom teacher of the district or county office of education.

5 CCR 11702. (a) Independent study shall be based on a written agreement signed by the pupil, the pupil's parents or legal guardian if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of independent study, and all persons who have direct responsibility for providing assistance to the pupil.

(b) This agreement shall include, but shall not be limited to, each of the following:

(1) The manner, frequency, time, and place for submitting a pupil's assignments and for reporting his or her progress.

(2) The title and statement of the major objectives of the course of study to be undertaken.

(3) The specific resources, including materials and personnel, which will be made available to the pupil.

(4) The method utilized to evaluate the pupil's work.

(5) A statement of the policies adopted by the district or county office governing board, pursuant to subdivisions (a) and (b) of Education Code Section 51747, regarding the maximum length of time allowed between the assignment and the completion of a pupil's assigned work, and the number of missed assignments which will require an evaluation of whether or not the pupil should be allowed to continue in independent study.

(6) The duration of the independent study agreement. No independent study agreement shall be valid for any period longer than one semester or one-half year for a school on a year-round calendar.

(7) A statement of the number of course credits or, for the elementary grades, other measures of academic accomplishment appropriate to the agreement, to be earned by the pupil upon completion.

(8) A statement that independent study is an optional educational alternative in which no pupil may be required to participate.

5 CCR 11701. In setting policy pursuant to subdivisions (a) and (b) of Education Code Section 51747, the local governing board shall consider, in a public hearing, the scope of its existing or prospective use of independent study as an instructional strategy, its purposes in authorizing independent study, and factors bearing specifically on the maximum realistic lengths of assignments and acceptable number of missed assignments for specific populations of pupils. Adopted policies shall reflect an awareness that excessive leniency in their terms can result in pupils falling so far behind their age peers as to increase, rather than decrease, the risk of their dropping out of school.

5 CCR 11703. (a) Maintaining records to meet audit requirements is the responsibility of the local district or county superintendent's office. These records may be on site(s).

(b) Records shall include but not be limited to the following:

(1) A copy of the adopted school board policy and procedures.

(2) A file of all agreements, including representative samples of each pupil's completed and evaluated student assignments as determined by the school district or county superintendent's office, as appropriate.

(3) A list of pupils who have participated that shows credits attempted by and awarded to each pupil per agreement.

(4) An attendance register separate from other attendance records.

§46300.1. (a) For the 1990-91 and 1991-92 fiscal years, no school district or county office of education may receive apportionments 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 for average daily attendance in excess of the number of units of average daily attendance generated by such pupils in the 1988-89 fiscal year. [A subsequent Budget Act provision allows districts to substitute 1987-88 a.d.a. if they had no qualifying apportionments in 1988-89.]

(b) Commencing with the 1990-91 fiscal year, apportionments for pupils 21 years of age or older, and for 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 in independent study under Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28, who are enrolled in kindergarten or any of the grades 1 to 12, inclusive, shall be reduced over a two-year period to the statewide average level per average daily attendance paid for pupils in adult education according to the following schedule:

(1) For the 1990-91 fiscal year, independent study pupils 21 years of age or older, and 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 generate a revenue limit equivalent to 166 percent of the statewide average level per unit of average daily attendance paid for pupils in adult education.

(2) For the 1991-92 fiscal year, independent study pupils 21 years of age or older, and 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 generate a revenue limit equivalent to 132 percent of the average adult education revenue limit.

(3) For the 1992-93 fiscal year and each fiscal year thereafter, independent study pupils 21 years of age or older, and 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 generate a revenue limit equivalent to 100 percent of the average adult education revenue limit.

§46300.4. If a pupil 21 years of age or older, or pupils 19 years of age or older who has not been continuously enrolled in kindergarten or any of grades 1 to 12, inclusive, since his or her 18th birthday, is pursuing adult education coursework through independent study, his or her attendance shall be eligible for apportionment only if the coursework meets the requirements for a high school diploma. This section shall become operative on July 1, 1990.

§46300.3. Apportionments paid for concurrent enrollment in adult education by independent study pupils 21 years of age or older, and 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, shall not exceed the adult education revenue limit. This section shall become operative on July 1, 1990.

(b) For the purposes of a work experience education program in a secondary school that meets the standards of the California State Plan for Vocational Education, the term "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. The pupil-teacher ratio in a work experience program shall not exceed 125 pupils per full-time equivalent certificated teacher coordinator. Notwithstanding Section 52033, this ratio may be waived by the State Board of Education pursuant to Article 3 (commencing with Section 33050) of Chapter I of Part 20 under criteria developed by the State Board of Education.

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 student enrolled in regular classes that meet the requirements of Section 46141 [240 minutes] or 46144.

§46144. The minimum day in...vocational training programs and for pupils enrolled in a work experience education program approved under Article 7 (commencing with Section 51760) of Chapter 5 of Part 28, except pupils enrolled in a continuation school or class pursuant to Section 48402 ["minors not regularly employed"], is four periods totaling at least 180 minutes in duration.

§46147. Notwithstanding the 180-minute minimum day requirement of Section 46144, the governing board of any school district may permit a 12th-grade pupil in his or her last semester or quarter, as the case may be, before graduation, who is enrolled in a work experience education program approved under the provisions of Article 7 (commending with Section 51760) of Chapter 5 of Part 28 and who would complete all of the requirements for graduation by attending high school, except courses of physical education, for less than a minimum day of 180 minutes, upon the written request of a parent or legal guardian or upon his or her own request if the pupil is 18 years or age or over. If a pupil attends classes for less than 180 minutes per day pursuant to this section, the number of minutes actually attended per day shall be rounded down to the nearest multiple of 60. The average daily attendance allowed for that pupil's attendance shall bear the same proportion to one day of attendance as the number of minutes of attendance per day bears to 180.

§51760.3. The governing board of any school district offering work experience education pursuant to the authority of Section 51760 shall grant credit to pupils satisfactorily completing a work experience program, in an amount not to exceed 40 semester credits, of which no more than 10 credits may be conferred in any one semester, provided the pupil meets all of the following requirements:

(a) At the time of enrollment, the pupil is at least 16 years of age. Pupils under the age of 16 years may receive credit for work experience education under the following conditions:

(1) The pupil is enrolled in grade 11 or a higher grade.

(2) The principal of the school in which the pupil is enrolled certifies that the pupil is in need of immediate work experience education in order to pursue employment opportunities.

(3) The principal of the school in which the pupil is enrolled certifies that there is a probability that the pupil will no longer be enrolled as a full-time pupil without being provided the opportunity to enroll in a work experience education program.

(4) The pupil's individualized education program adopted pursuant to the requirements of Part 30 (commencing with Section 56000), prescribes the type of training for which participation in a work experience program is deemed appropriate.

(b) During the course of the pupil's enrollment in the program, the pupil receives as a minimum the equivalent of one instructional period per week of classroom instruction or counseling by a certificated employee. The instruction or counselling shall be offered in sessions scheduled intermittently throughout the semester.

(c) The work experience education program meets all of the requirements of law governing these programs.

5 CCR 405. For apportionment purposes, in a situation described in (a), (b), or (c) of this section, only a pupil's actual attendance upon regular day school or class shall be counted. Such attendance shall be recorded in clock hours.

(b) Work Experience Class. He is enrolled in a work experience class. In this case his attendance is the sum of the hours of his actual attendance upon the regular school or class, plus the hours of attendance in the work experience class which meet the requirements of Section 46300 of the Education Code.

5 CCR 406. Attendance shall be reported in clock hours for the following:

(c) Pupils enrolled in work experience programs.

§51760.5. Notwithstanding Section 51760, attendance in work experience classes or programs maintained by a regional occupational center or regional occupational program shall not receive apportionments from state funds unless such classes or programs are in conformance with standards adopted pursuant to Section 52372.

A student enrolled in a vocational education class using the cooperative vocational education methodology conducted by a regional occupational center or program shall not be credited with more than 15 hours of attendance in any calendar week for the purposes of the methodology.

§48635. An opportunity school may be established as an elementary or secondary school, and an opportunity class or program may be established in any elementary or secondary school of any school district.

§48636. The opportunity school, class, or program shall be established and maintained specially for the instruction of such pupils in grades 1 through 12, inclusive, as are assigned thereto by the city superintendent of schools, or, if there is no city superintendent, the board of education of any city or city and county, or the county superintendent of schools as provided by this code.

§48637. The governing board of any school district, or the district superintendent of schools, or any person designated by the governing board in writing, may assign pupils to an opportunity school, class, or program in accordance with the provisions and purposes of this article.

§48637.1. No pupil shall be required to attend an opportunity school, class, or program for adjustment purposes until both the pupil and the pupil's parent or guardian have been notified in writing of the intended assignment. The notice to the parent or guardian, insofar as is practicable, shall be in the parent or guardian's primary language and shall request the parent or guardian to respond within 10 days. Absent a response from the parent or guardian the person responsible for assigning the pupil shall make a reasonable effort to contact the parent or guardian by telephone to communicate directly the information contained in the written notice.

§48632. "Opportunity program" as used herein refers to a program which is in accordance with the purposes and provisions of this article and is established in any elementary or secondary school of a school district for less than the minimum day required of opportunity school or class pupils.

§46180. The minimum day in an opportunity school or opportunity class is 180 minutes. A pupil may be enrolled in an opportunity program for not less than a class period of the school, nor more than 179 minutes per day. Attendance for a pupil enrolled in an opportunity program shall be credited to the regular class attendance.

A pupil who is enrolled in both an opportunity program and a regular school, shall attend school for a period of time not less than the minimum schoolday required for the grade level in which he is enrolled.

§48643. It is the intent of the Legislature in enacting this article to increase the availability of opportunity classes and programs operated pursuant to Article 2 (commencing with Section 48630) of this chapter for pupils enrolled in grades 7 to 9, inclusive.

§48638. If any pupil assigned to an established opportunity school, class, or program is an habitual truant, or is irregular in attendance at such opportunity school, class, or program, or is insubordinate or disorderly during attendance at such opportunity school, class, or program, the supervisor of attendance or such other persons as the governing board of the school district or county may designate shall refer the pupil to a school attendance review board in the county. If the school attendance review board determines that available community services cannot resolve the problem of the truant or insubordinate pupil, it shall direct the county superintendent of schools to, and, thereupon, the county superintendent of schools shall, request a petition on behalf of the pupil in the juvenile court of the county. If the court upon hearing the case finds that the allegations are sustained by the evidence, the court, in addition to any other judgment it may make regarding the pupil, may render judgment that the parent, guardian, or person having the control or charge of the child shall deliver him at the beginning of each schoolday, for the remainder of the school term, to the opportunity school, class, or program designated by school authorities.

§37223. 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 during the week, and the programs of a regional occupational center or regional occupational program.

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.

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.

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.

5 CCR 406. Attendance shall be reported in clock hours for the following:

(f) Pupils in summer schools.

(f) Notwithstanding any other provision of law, [summer school] classes may be convened pursuant to this section at the hours and for the length of time during the schoolday, and at the period and for the length of time during the school year, as may be determined by the governing board of the school district.

§37252. (a) The governing board of each district maintaining any or all of grades 7 to 12, inclusive, shall offer summer school instructional programs for pupils enrolled in grades 7 to 12, inclusive, who were assessed as not meeting the district's adopted standards of proficiency in basic skills pursuant to Article 2.5 (commencing with Section 51215) of Chapter 2 of Part 28 [not included in this manual].

For purposes of this section, a pupil shall be considered to be enrolled in a grade immediately upon completion of the preceding grade.

(b) The summer school programs shall be offered to pupils who were enrolled in grade 12 during the prior school year after the completion of grade 12, and upon the successful completion of the summer program, these pupils may be reassessed for purposes of meeting the district's standards of proficiency.

§42239.5. (a) For the 1989-90 fiscal year and each fiscal year thereafter, average daily attendance generated by elementary and secondary school pupils in voluntary Saturday school programs shall be eligible for summer school apportionments calculated pursuant to Section 42239 if those programs meet the following conditions:

(1) The instruction is in core academic areas..., or as specified for summer school in Section 37252 and subdivision (a) of Section 37253, or in a course that provides credit towards high school graduation.

(2) The instruction is provided on Saturday and does not exceed 180 minutes.

(3) The average pupil/teacher ratio does not exceed 20:1.

(4) Attendance by the pupils is not required by the participating schools and districts.

(b) Any minor pupil whose parent or guardian informs the school district that the pupil is unable to attend a Saturday school program established pursuant to this section for religious reasons, or any pupil 18 years of age or older who states that he or she is unable to attend a Saturday school program established pursuant to this section for religious reasons, shall be given priority over other pupils who have attended the Saturday school program for enrollment in the regular summer school program if he or she chooses to enroll in the regular summer school program.

* * *

§51205. Pupils enrolled in a year-round school pursuant to Part 22 (commencing with Section 37000) shall have access, as necessary, to an equal educational opportunity as provided during summer school to pupils enrolled in regular school year programs.

§48800. The governing board of any school district may determine which students would benefit from advanced scholastic or vocational work. The intent of this section is to provide educational enrichment opportunities for a limited number of eligible pupils, rather than to reduce current course requirements of elementary and secondary schools. The governing board may authorize those students, upon recommendation of the principal of the school that the pupil attends, and with parental consent, to attend a community college as special part-time students and to undertake one or more courses of instruction offered at the community college level.

The students shall receive credit for community college courses that they complete at the level determined appropriate by the school district and community college district governing boards.

§48801. Any student authorized to attend a community college as a special part-time student pursuant to Sections 48800 and 76001 shall, nevertheless, be required to undertake courses of instruction of a scope and duration sufficient to satisfy the requirements of law.

The student shall also be required to attend school for the minimum schoolday, except as provided for in Sections 46145 and 46147. However, the governing board of the school district may permit the student to attend school for such a lesser period of time than the minimum schoolday as the board shall find to be in the student's best interests.

§76001. The president of any community college may admit to the community college as a special part-time student any student who is eligible to attend community college pursuant to Section 48800.

The attendance of a student at community college as a special part-time student pursuant to this section is authorized attendance, for which the community college shall be credited or reimbursed pursuant to Section 48802. Credit for courses completed shall be at the level determined to be appropriate by the school district and community college district governing boards.

For purposes of this section, a special part-time student may enroll in up to, and including, 12 units per semester, or the equivalent thereof, at the community college.

§48802. For purposes of allowances and apportionments from Section B of the State School Fund, a community college shall be credited with additional units of average daily attendance attributable to the attendance of pupils at the community colleges as special part-time students pursuant to this article.

A school district whose pupils attend a community college as special part-time students pursuant to this article shall, for purposes of allowances and apportionments from Section A of the State School Fund, continue to receive credit for attendance by those pupils computed in the manner prescribed by law, and a pupil's attendance at school for the minimum schoolday shall be deemed a day of attendance for purposes of making the computation.

§46146. (a) A day of attendance in grades 11 and 12 is 180 minutes of attendance if the pupil is enrolled part-time in classes of the California State University or the University of California for which academic credit will be provided upon satisfactory completion of enrolled courses.

(b) A day of attendance for any pupil who is a special part-time student enrolled in a community college under Article 1 (commencing with Section 48800) of Chapter 5 of Part 27 is 180 minutes of attendance for which academic credit will be provided upon satisfactory completion of enrolled courses.

(c) Notwithstanding any other provisions of law, the 180-minute minimum school day permitted by this section shall, for the purposes of average daily attendance, be computed and reported as attendance for three-quarters of the full 240-minute minimum school day prescribed by Section 46141.

5 CCR 406. Attendance shall be reported in clock hours for the following:

(a) Pupils enrolled for less than the minimum school day.

§37670. (a) Notwithstanding any other provision of law, any school district may operate a program of year-round scheduling at one or more schools within the district for as few as 163 days in each fiscal year so long as the number of instructional minutes is not less than that of school of the same grade levels utilizing the traditional school calendar.

(b) All certificated employees under this program, except those serving under an administrative or supervisorial credential and who are assigned full time to a school in positions requiring qualifications for certification, shall work the same number of days and shall increase the number of minutes worked daily on a uniform basis.

(c) A program conducted pursuant to this section shall be eligible for apportionment from the State School Fund.

§37671. Approval of programs provided for in Section 37670 shall exempt the affected district and schools from the requirements of [Section] 37202 [annual length of time in session must be equal by type of school, within districts].

§37672. No pupil participating in programs as described in Section 37670 shall be credited with more than one day of attendance in any calendar day, except as permitted in Section 46140.

Average daily attendance generated in the regular elementary, junior high, and high schools operated under Section 37670 shall be calculated as prescribed in subdivision (a) of Section 41601.

§37640. Each school district maintaining a continuous school program in any school within the district pursuant to this chapter shall be entitled to receive the same support, but not more support, from the State School Fund due to the average daily attendance at such school that it would have received if the school had been operating under the provisions of law relating to the regular school year, including summer school.

§42239.6. (a) Elementary and secondary school pupils in voluntary after-school programs in multitrack year-round schools shall be eligible for summer school apportionments calculated pursuant to Section 42239 if those programs meet the following conditions:

(1) The instruction supplements the regular instructional program in the core academic areas specified in paragraph (2) of subsection (d) of Section 42239.

(2) The instruction is provided after the end of the full schoolday offered for the purposes of incentive funding pursuant to Article 8 (commencing with Section 46200) of Chapter 2 of Part 26, and does not exceed 120 minutes.

(3) Attendance is not required by the participating schools and districts.

(b) Participating school districts shall encourage the participation of elementary and secondary schools with low academic performance.