41601.6. (a) For purposes of this section, the following definitions apply:
(1) “Extended school year” means the period of time between the end of one school year and the beginning of the next school year.
(2) “Local educational agency” means a school district or county office of education.
(3) “Migratory pupil” has the same meaning as “currently migratory child” as defined in subdivision (a) of Section 54441.
(4) “School year” means that portion of the school year during which the regular school year is maintained, which must include not less than the number of days required to entitle the school district or county office of education to apportionments of state funds.
(b) (1) Commencing on January 1, 2024, to mitigate lost instruction time due to family movement related to migratory agricultural employment, up to two local educational agencies may request authorization from the department to provide an extended school year program to migratory pupils who, due to that family movement, enroll in kindergarten, including transitional kindergarten, or any of grades 1 to 6, inclusive, on or after March 1 of the school year and depart on or before December 1 of the next school year.
(2) If more than two local educational agencies request authorization pursuant to paragraph (1), the department shall establish a process to determine the two local educational agencies that will be authorized based on the ability of each local educational agency to provide a high-quality extended school year program consistent with this section.
(c) (1) Subject to paragraph (2), a local educational agency authorized to provide an extended school year program pursuant to paragraph (1) of subdivision (b) may receive average daily attendance funding as specified in Section 46300 for those migratory pupils who meet the enrollment parameters described in paragraph (1) of subdivision (b) who are enrolled in the program. Average daily attendance shall also be available from P-2 through June 30 for qualifying migratory pupils. The local educational agency shall report to the department the average daily attendance attributable to those migratory pupils in the school year in which the extended school year program ends.
(2) To receive funding pursuant to paragraph (1), the local educational agency shall meet all of the following conditions:
(A) Enrollment for the extended school year program is limited to migratory pupils who meet the enrollment parameters described in paragraph (1) of subdivision (b).
(B) The days of attendance for the extended school year program are the same length of time as the schoolday for pupils of the same grade level attending summer school in the local educational agency in which the extended school year program is provided, but not less than the minimum schoolday for that grade level.
(C) The extended school year program is comparable in standards, scope, and quality to the school year program offered during the regular school year.
(D) Instruction for the extended school year program is conducted in-person and is not independent study as specified in Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4.
(3) In addition to the funding described in paragraph (1), the local educational agency may supplement the extended school year program with funding appropriated for migrant children summer school programs pursuant to Section 54444.3 to offer additional days or hours of instruction, if the requirements for the migrant children summer school program are met.
(d) Local educational agencies may enter into memoranda of understanding for the purpose of transferring funds generated by the attendance of migratory pupils in multiple school districts to a local educational agency operating a program described in paragraph (1) of subdivision (b).
(e) A local educational agency operating a program described in paragraph (1) of subdivision (b) shall annually report to the department, in a form and manner specified by the department, all of the following:
(1) The characteristics of pupils enrolled in the program.
(2) Academic and other support services provided through the program.
(3) Academic and other outcomes for pupils enrolled in the program.
(4) The financing for the program, including any other local, state, federal, or nongovernmental funding sources used.
(Added by Stats. 2022, Ch. 483, Sec. 2. (AB 1777) Effective January 1, 2023.)