(a) Each operating agency receiving federal Title I Migrant Education funding shall conduct summer school programs for eligible migrant children in kindergarten and grades 1 to 12, inclusive. The summer school programs shall respond to the individual needs of participating pupils, and shall build on and be consistent with the instructional programs offered to these pupils during the regular school year. Each summer school program shall be funded, to the extent that funds are available, by federal funds earmarked for migrant education programs, and shall meet all of the following criteria:

(1) (A) That summer school programs meet the following time requirements:

(i) For kindergarten classes, not less than 180 minutes per day, based upon the full apportionment day of 240 minutes, including recesses, for not less than 20 teaching days.

(ii) For grades 1 to 8, inclusive, not less than 200 minutes per day, based upon the full apportionment day of 240 minutes, including recesses and passing time but excluding noon intermissions, for not less than 20 teaching days.

(iii) For grades 7 to 12, inclusive, not less than 240 minutes per day, including passing time but excluding noon intermissions, for not less than 30 teaching days.

(B) Exemptions from the requirements of this paragraph may be made by the Superintendent upon petition submitted to the Superintendent by the school district. The basis for the exemption shall be agricultural labor factors, climatic conditions, specialized educational programs, and other conditions appearing to the Superintendent to warrant exemption.

(C) For purposes of this paragraph, holidays designated in Section 37220 other than Saturday and Sunday may be deducted from the required number of teaching days.

(2) That the program has been established with the prior written approval of the Superintendent based upon the submission of an application that is in the form prescribed and furnished by the Superintendent. Each application shall designate the persons who will exercise administrative or supervisorial responsibilities for the summer school program, and shall be submitted before the establishment of the summer school program.

(3) That the summer school program contains coursework that is of the same level of difficulty in each subject as that provided to pupils enrolled in regular classes of instruction within the school district in the preceding year.

(4) That instructional programs are taught by staff with cultural training or background and understanding of the special needs of migrant children, and who are properly credentialed for the subjects and grade levels to which they are assigned.

(5) That the summer school program supplements other summer school programs, whether required or optional and whether federally or state funded, operated by the school district, including the programs for graduating high school seniors, handicapped children, pupils enrolled in grade 11, pupils enrolled in any of grades 7 to 12, inclusive, who do not meet the school district’s adopted proficiency standards, and eligible compensatory education pupils.

(b) (1) Each school district, county office of education, and community college district shall, upon request, make facilities available at cost for the operation of migrant summer school programs whenever they are available. Where available, these facilities shall be suitable for the summer climate. The Superintendent may allow neighboring districts to jointly offer facilities if the Superintendent determines that the use of one district’s facilities for an area will adequately meet the needs of the migrant summer school program for the entire area.

(2) If the Superintendent determines that requests from prospective users of these facilities were denied without just cause, the Superintendent shall reduce the school district’s or county superintendent’s entitlement from Section A of the State School Fund by an amount equal to one thousand dollars ($1,000) or four times the costs to the prospective user for alternative facilities for the entire period for which the facilities were requested, whichever is greater.

(c) Notwithstanding subdivision (b), school districts, county offices of education, and community college districts that have closed their facilities due to the COVID-19 pandemic are not required to make facilities available for migrant summer school programs in the 2020 calendar year.

(d) Summer school programs required by this section may be offered through distance learning for the 2020 calendar year.

(e) The time requirements in subdivision (a) are waived for the 2020 calendar year. However, local educational agencies are encouraged to offer the minimum instructional minute requirements to the extent practicable for the 2020 calendar year.

(Amended by Stats. 2020, Ch. 24, Sec. 61. (SB 98) Effective June 29, 2020.)