1. (a) A school district must determine, on an annual basis, for all schools in the district (e.g., kindergarten through grade twelve), which schools have high concentrations of pupils in need. SCE funds may be used only in such schools and in schools meeting one or more of the requirements of Sections 4411 and 4413.

2. (b) The school district shall use the following criteria for determining concentrations of pupils in need, giving equal weight to each criterion:

   1. (1) The concentration of limited- and non-English-speaking students;
   2. (2) The concentration of students from low-income families;

   3. (3) The concentration of educationally disadvantaged students.

      In calculating the concentrations of pupils in need at each school site, the district may, at its option, use either an unduplicated count of pupils in need or count a child more than once if he or she meets more than one criterion. Districts may use other factors, in addition to using criteria (1)-(3), to identify pupils in need. Districts proposing to use such other factors must demonstrate to the Superintendent of Public Instruction that the additional factors chosen by the district measure special needs of pupils which are not otherwise adequately measured by criteria (1)-(3).

3. (c) A school will be considered to have a high concentration of pupils in need if it meets one of the following criteria:

   1. (1) On a numerical or percentage basis (or a combination of such bases), the concentration of pupils in need is as high or higher than the districtwide average. If a combination of the numerical and percentage bases is used, the number of schools considered eligible for assistance under this section may exceed the number of such schools that could be so designated if only one such method had been used.
   2. (2) At least 25 percent of the students are limited- or non-English-speaking;
   3. (3) At least 25 percent of the students are from low-income families;
   4. (4) At least 50 percent of the students are educationally disadvantaged per Section 4414.

General standards for determining school eligibility are:

Note: Authority cited: Section 54005, Education Code. Reference: Section 54004.5, Education Code.