Education Code — Part 31 | EDC — United States — California law | Esheria

Education Code

Part 31 of 57 · provisions 6,001–6,200

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This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

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Provisions of Education Code

Showing 200 of 11,236

  1. 48900.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

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    A pupil in grades 4 through 12 may be suspended or recommended for expulsion for hate violence if the superintendent or principal determines the pupil caused, attempted, threatened, or participated in it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48900.3. In addition to the reasons set forth in Sections 48900 and 48900.2, a pupil in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has caused, attempted to cause, threatened to cause, or participated in an act of, hate violence, as defined in subdivision (e) of Section 233. (Amended by Stats. 1999, Ch. 646, Sec. 25. Effective January 1, 2000.)
  2. 48900.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

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    A school superintendent or principal may suspend or recommend expulsion for a pupil in grades 4 to 12 who intentionally harasses, threatens, or intimidates school personnel or pupils in a way that is severe or pervasive enough to disrupt classwork, create disorder, or invade others’ rights.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48900.4. In addition to the grounds specified in Sections 48900 and 48900.2, a pupil enrolled in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has intentionally engaged in harassment, threats, or intimidation, directed against school district personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment. (Amended by Stats. 2002, Ch. 643, Sec. 2. Effective January 1, 2003.)
  3. 48900.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

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    Suspension is allowed only after other correction methods fail, and schools may record those methods in the pupil’s record.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48900.5. (a) Suspension, including supervised suspension as described in Section 48911.1, shall be imposed only when other means of correction fail to bring about proper conduct. A school district may document the other means of correction used and place that documentation in the pupil’s record, which may be accessed pursuant to Section 49069.7. However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended, subject to Section 1415 of Title 20 of the United States Code, for any of the reasons enumerated in Section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of Section 48900 or that the pupil’s presence causes a danger to persons. (b) Other means of correction include, but are not limited to, the following: (1) A conference between school personnel, the pupil’s parent or guardian, and the pupil. (2) Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling. (3) Study teams, guidance teams, resource panel teams, or other intervention-related teams that assess the behavior, and develop and implement individualized plans to address the behavior in partnership with the pupil and the pupil’s parents. (4) Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program, or a plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). (5) Enrollment in a program for teaching prosocial behavior or anger management. (6) Participation in a restorative justice program. (7) A positive behavior support approach with tiered interventions that occur during the schoolday on campus. (8) After school programs that address specific behavioral issues or expose pupils to positive activities and behaviors, including, but not limited to, those operated in collaboration with local parent and community groups. (9) Any of the alternatives described in Section 48900.6. (c) For a pupil who has been suspended, or for whom other means of correction have been implemented pursuant to subdivision (b), for an incident of racist bullying, harassment, or intimidation, local educational agencies are encouraged to have both the victim and perpetrator engage in a restorative justice practice that is found to suit the needs of both the victim and the perpetrator. Local educational agencies are encouraged to regularly check on the victim of racist bullying, harassment, or intimidation to ensure that the victim is not in danger of suffering from long-lasting mental health issues. Local educational agencies are encouraged to require perpetrators to engage in culturally sensitive programs that promote racial justice and equity and combat racism and ignorance. (Amended by Stats. 2023, Ch. 22, Sec. 1. (AB 1165) Effective January 1, 2024.)
  4. 48900.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

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    School officials may require a pupil to do community service instead of or as part of discipline, with parent or guardian written permission needed for off-campus service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48900.6. As part of or instead of disciplinary action prescribed by this article, the principal of a school, the principal’s designee, the superintendent of schools, or the governing board may require a pupil to perform community service on school grounds or, with written permission of the parent or guardian of the pupil, off school grounds, during the pupil’s nonschool hours. For the purposes of this section, “community service” may include, but is not limited to, work performed in the community or on school grounds in the areas of outdoor beautification, community or campus betterment, and teacher, peer, or youth assistance programs. This section does not apply if a pupil has been suspended, pending expulsion, pursuant to Section 48915. However, this section applies if the recommended expulsion is not implemented or is, itself, suspended by stipulation or other administrative action. (Amended (as amended by Stats. 1995, Ch. 972) by Stats. 2000, Ch. 225, Sec. 1. Effective January 1, 2001.)
  5. 48900.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

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    A pupil may be suspended or recommended for expulsion if the school superintendent or principal determines the pupil made a terroristic threat against school officials or school property.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48900.7. (a) In addition to the reasons specified in Sections 48900, 48900.2, 48900.3, and 48900.4, a pupil may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has made terroristic threats against school officials or school property, or both. (b) For the purposes of this section, “terroristic threat” shall include any statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, or for the protection of school district property, or the personal property of the person threatened or his or her immediate family. (Added by Stats. 1997, Ch. 405, Sec. 1. Effective January 1, 1998.)
  6. 48900.8.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

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    Each school district must identify certain pupil suspensions or expulsions by offense in the pupil’s official records.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48900.8. For purposes of notification to parents, and for the reporting of expulsion or suspension offenses to the department, each school district shall specifically identify, by offense committed, in all appropriate official records of a pupil each suspension or expulsion of that pupil for the commission of any of the offenses set forth in Section 48900, 48900.2, 48900.3, 48900.4, 48900.7, or 48915. (Amended by Stats. 2005, Ch. 677, Sec. 33. Effective October 7, 2005.)
  7. 48900.9.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

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    School administrators may refer bullying-affected pupils, and pupils who engaged in bullying, to support services, counseling, and restorative justice programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48900.9. (a) The superintendent of a school district, the principal of a school, or the principal’s designee may refer a victim of, witness to, or other pupil affected by, an act of bullying, as defined in paragraph (1) of subdivision (r) of Section 48900, committed on or after January 1, 2015, to the school counselor, school psychologist, social worker, child welfare attendance personnel, school nurse, or other school support service personnel for case management, counseling, and participation in a restorative justice program, as appropriate. (b) A pupil who has engaged in an act of bullying, as defined in paragraph (1) of subdivision (r) of Section 48900, may also be referred to the school counselor, school psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling, or for participation in a restorative justice program, pursuant to Section 48900.5. (Amended by Stats. 2015, Ch. 303, Sec. 104. (AB 731) Effective January 1, 2016.)
  8. 48901.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

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    Schools may not allow pupils to smoke or use tobacco products in specified school settings, and school district boards with high schools must take practical steps to discourage smoking.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48901. (a) No school shall permit the smoking or use of a tobacco product by pupils of the school while the pupils are on campus, or while attending school-sponsored activities or while under the supervision and control of school district employees. (b) The governing board of any school district maintaining a high school shall take all steps it deems practical to discourage high school students from smoking. (c) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (d) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 9. (SB 5 2x) Effective June 9, 2016.)
  9. 48901.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

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    Charter school pupils in specified grades generally cannot be suspended for disruptive or defiant behavior, and such conduct cannot be used for expulsion recommendations; administrators must document and report referrals for in-school supports within five business days.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48901.1. Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools: (a) (1) A pupil enrolled in a charter school in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, and those acts shall not constitute grounds for a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. (2) A pupil enrolled in a charter school in any of grades 6 to 8, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This paragraph is inoperative on July 1, 2029. (3) Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in a charter school in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts described in paragraph (1). This paragraph is inoperative on July 1, 2029. (4) (A) A certificated or noncertificated employee may refer a pupil to charter school administrators for appropriate and timely in-school interventions or supports from the list specified in subdivision (b) of Section 48900.5 for any of the acts described in paragraph (1). (B) A charter school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupil’s record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The charter school administrator shall, by the end of the fifth business day, also inform the referring certificated or noncertificated employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports. (b) A pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, who voluntarily discloses their use of a tobacco product, controlled substance, alcohol, or an intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure. (Amended by Stats. 2024, Ch. 840, Sec. 2. (AB 2711) Effective January 1, 2025.)
  10. 48901.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

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    A school district board or its designee may regulate pupils’ possession or use of electronic signaling devices on campus, at school activities, or under school employee supervision. Pupils cannot be prohibited from possessing or using a device that a licensed physician and surgeon determines is essential for the pupil’s health and used only for health-related purposes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48901.5. (a) The governing board of each school district, or its designee, may regulate the possession or use of any electronic signaling device that operates through the transmission or receipt of radio waves, including, but not limited to, paging and signaling equipment, by pupils of the school district while the pupils are on campus, while attending school-sponsored activities, or while under the supervision and control of school district employees. (b) No pupil shall be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician and surgeon to be essential for the health of the pupil and use of which is limited to purposes related to the health of the pupil. (Amended by Stats. 2002, Ch. 253, Sec. 2. Effective January 1, 2003.)
  11. 48901.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

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    School governing boards must adopt and update a policy on pupil smartphone use, and pupils cannot be prohibited from possessing or using smartphones in specified situations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48901.7. (a) The governing board of a school district, a county board of education, and the governing body of a charter school shall, no later than July 1, 2026, develop and adopt, and shall update every five years, a policy to limit or prohibit the use by its pupils of smartphones while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school. The goal of the policy shall be to promote evidence-based use of smartphone practices to support pupil learning and well-being. The development of the policy shall involve significant stakeholder participation in order to ensure that the policies are responsive to the unique needs and desires of pupils, parents, and educators in each community. The policy may also include enforcement mechanisms that limit access to smartphones. (b) Notwithstanding subdivision (a), a pupil shall not be prohibited from possessing or using a smartphone under any of the following circumstances: (1) Unless explicitly addressed in a comprehensive school safety plan adopted pursuant to Section 32282, in the case of an emergency or in response to a perceived threat of danger. (2) When a teacher or administrator of the school district, county office of education, or charter school grants permission to a pupil to possess or use a smartphone, subject to any reasonable limitation imposed by that teacher or administrator. (3) When a licensed physician and surgeon determines that the possession or use of a smartphone is necessary for the health or well-being of the pupil. (4) When the possession or use of a smartphone is required in a pupil’s individualized education program. (c) This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupil’s online activities. (Amended by Stats. 2025, Ch. 284, Sec. 1. (AB 962) Effective January 1, 2026.)
  12. 48901.8.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    Certain school governing bodies may adopt a policy limiting or prohibiting pupils’ social media use at school or under school supervision, but the section does not authorize monitoring or accessing pupils’ online activity information.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48901.8. (a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school may adopt a policy to limit or prohibit the use by its pupils of social media while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school. (2) This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupil’s online activities. (b) For purposes of this section, “social media” means a “social media platform” as that term is defined in Section 22675 of the Business and Professions Code. (Added by Stats. 2024, Ch. 891, Sec. 1. (SB 1283) Effective January 1, 2025.)
  13. 48902.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    School principals or their designees must report certain pupil-related acts to law enforcement, and they are generally protected from liability for authorized reports unless a false report was made knowingly or with reckless disregard.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48902. (a) The principal of a school or the principal’s designee shall, before the suspension or expulsion of any pupil, notify the appropriate law enforcement authorities of the county or city in which the school is situated, of any acts of the pupil that may violate Section 245 of the Penal Code. (b) The principal of a school or the principal’s designee shall, within one schoolday after suspension or expulsion of any pupil, notify, by telephone or any other appropriate method chosen by the school, the appropriate law enforcement authorities of the county or the school district in which the school is situated of any acts of the pupil that may violate subdivision (c) or (d) of Section 48900. (c) Notwithstanding subdivision (b), the principal of a school or the principal’s designee shall notify the appropriate law enforcement authorities of the county or city in which the school is located of any acts of a pupil that may involve the possession or sale of narcotics or of a controlled substance or a violation of Section 626.9 or 626.10 of the Penal Code. The principal of a school or the principal’s designee shall report any act specified in paragraph (1) or (5) of subdivision (c) of Section 48915 committed by a pupil or nonpupil on a schoolsite to the city police or county sheriff with jurisdiction over the school and the school security department or the school police department, as applicable. (d) A principal, the principal’s designee, or any other person reporting a known or suspected act described in subdivision (a) or (b) is not civilly or criminally liable as a result of making any report authorized by this article unless it can be proven that a false report was made and that the person knew the report was false or the report was made with reckless disregard for the truth or falsity of the report. (e) The principal of a school or the principal’s designee reporting a criminal act committed by a schoolage individual with exceptional needs, as defined in Section 56026, shall ensure that copies of the special education and disciplinary records of the pupil are transmitted, as described in Section 1415(k)(6) of Title 20 of the United States Code, for consideration by the appropriate authorities to whom he or she reports the criminal act. Any copies of the pupil’s special education and disciplinary records may be transmitted only to the extent permissible under the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g et seq.). (Amended by Stats. 2013, Ch. 76, Sec. 41. (AB 383) Effective January 1, 2014.)
  14. 48903.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    A pupil’s suspension from school generally cannot exceed 20 schooldays in a school year, but it can be up to 30 schooldays for adjustment-related transfers or enrollments in listed schools or classes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48903. (a) Except as provided in subdivision (g) of Section 48911 and in Section 48912, the total number of days for which a pupil may be suspended from school shall not exceed 20 schooldays in any school year, unless for purposes of adjustment, a pupil enrolls in or is transferred to another regular school, an opportunity school or class, or a continuation education school or class, in which case the total number of schooldays for which the pupil may be suspended shall not exceed 30 days in any school year. (b) For the purposes of this section, a school district may count suspensions that occur while a pupil is enrolled in another school district toward the maximum number of days for which a pupil may be suspended in any school year. (Amended by Stats. 1998, Ch. 527, Sec. 1. Effective January 1, 1999.)
  15. 48904.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    Parents or guardians may be liable for damage caused by a minor's willful misconduct, and schools may withhold a pupil's records until damages are paid, subject to notice and due process.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48904. (a) (1) Notwithstanding Section 1714.1 of the Civil Code, the parent or guardian of any minor whose willful misconduct results in injury or death to any pupil or any person employed by, or performing volunteer services for, a school district or private school or who willfully cuts, defaces, or otherwise injures in any way any property, real or personal, belonging to a school district or private school, or personal property of any school employee, shall be liable for all damages so caused by the minor. The liability of the parent or guardian shall not exceed ten thousand dollars ($10,000), adjusted annually for inflation. The parent or guardian shall be liable also for the amount of any reward not exceeding ten thousand dollars ($10,000), adjusted annually for inflation, paid pursuant to Section 53069.5 of the Government Code. The parent or guardian of a minor shall be liable to a school district or private school for all property belonging to the school district or private school loaned to the minor and not returned upon demand of an employee of the school district or private school authorized to make the demand. (2) The Superintendent annually shall compute an adjustment of the liability limits prescribed by this subdivision to reflect the percentage change in the average annual value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the prior fiscal year. The annual adjustment shall be rounded to the nearest one hundred dollars ($100). (b) (1) Any school district or private school whose real or personal property has been willfully cut, defaced, or otherwise injured, or whose property is loaned to a pupil and willfully not returned upon demand of an employee of the school district or private school authorized to make the demand may, after affording the pupil his or her due process rights, withhold the grades, diploma, and transcripts of the pupil responsible for the damage until the pupil or the pupil’s parent or guardian has paid for the damages thereto, as provided in subdivision (a). (2) The school district or private school shall notify the parent or guardian of the pupil in writing of the pupil’s alleged misconduct before withholding the pupil’s grades, diploma, or transcripts pursuant to this subdivision. When the minor and parent are unable to pay for the damages, or to return the property, the school district or private school shall provide a program of voluntary work for the minor in lieu of the payment of monetary damages. Upon completion of the voluntary work, the grades, diploma, and transcripts of the pupil shall be released. (3) The governing board of each school district or governing body of each private school shall establish rules and regulations governing procedures for the implementation of this subdivision. The procedures shall conform to, but are not necessarily limited to, those procedures established in this code for the expulsion of pupils. (Amended by Stats. 2012, Ch. 589, Sec. 10. (AB 2662) Effective January 1, 2013.)
  16. 48904.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    When a pupil transfers after a district has withheld records under Section 48904, the new district must also withhold the pupil’s grades, diploma, or transcripts until it is told the decision has been rescinded. The withholding district must also notify the pupil’s parent or guardian in writing that the withholding will be enforced.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48904.3. (a) Upon receiving notice that a school district has withheld the grades, diploma, or transcripts of any pupil pursuant to Section 48904, any school district to which the pupil has transferred shall likewise withhold the grades, diploma, or transcripts of the pupil as authorized by that section, until the time that it receives notice, from the district that initiated the decision to withhold, that the decision has been rescinded under the terms of that section. (b) Any school district that has decided to withhold a pupil’s grades, diploma, or transcripts pursuant to Section 48904 shall, upon receiving notice that the pupil has transferred to any school district in this state, notify the parent or guardian of the pupil in writing that the decision to withhold will be enforced as specified in subdivision (a). (c) For purposes of this section and Section 48904, “school district” is defined to include any county superintendent of schools. (d) This section and Section 48904 shall also apply to the state special schools, as described in subdivision (a) of Section 48927. (Amended by Stats. 2002, Ch. 492, Sec. 2. Effective January 1, 2003.)
  17. 48905.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    A school district employee whose person or property is injured or damaged by a pupil’s willful misconduct may ask the district to take legal action against the pupil or the pupil’s parent or guardian.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48905. An employee of a school district whose person or property is injured or damaged by the willful misconduct of a pupil who attends school in such district, when the employee or the employee’s property is (1) located on property owned by the district, (2) being transported to or from an activity sponsored by the district or a school within the district, (3) present at an activity sponsored by such district or school, or (4) otherwise injured or damaged in retaliation for acts lawfully undertaken by the employee in execution of the employee’s duties, may request the school district to pursue legal action against the pupil who caused the injury or damage, or the pupil’s parent or guardian pursuant to Section 48904. (Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
  18. 48906.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    If a school official releases a minor pupil to a peace officer, the official must promptly notify the parent, guardian, or responsible relative, and the peace officer must also notify them about custody and location, with limited exceptions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48906. When a principal or other school official releases a minor pupil to a peace officer for the purpose of removing the minor from the school premises, the school official shall take immediate steps to notify the parent, guardian, or responsible relative of the minor regarding the release of the minor to the officer, and regarding the place to which the minor is reportedly being taken, except when a minor has been taken into custody as a victim of suspected child abuse, as defined in Section 11165.6 of the Penal Code, or pursuant to Section 305 of the Welfare and Institutions Code. In those cases, the school official shall provide the peace officer with the address and telephone number of the minor’s parent or guardian. The peace officer shall take immediate steps to notify the parent, guardian, or responsible relative of the minor that the minor is in custody and the place where he or she is being held. If the officer has a reasonable belief that the minor would be endangered by a disclosure of the place where the minor is being held, or that the disclosure would cause the custody of the minor to be disturbed, the officer may refuse to disclose the place where the minor is being held for a period not to exceed 24 hours. The officer shall, however, inform the parent, guardian, or responsible relative whether the child requires and is receiving medical or other treatment. The juvenile court shall review any decision not to disclose the place where the minor is being held at a subsequent detention hearing. (Amended by Stats. 2005, Ch. 279, Sec. 1. Effective January 1, 2006.)
  19. 48907.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    Pupils in public schools, including charter schools, have a right to speak and publish, but obscene, libelous, slanderous, and seriously disruptive or unlawful-inciting material is prohibited.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48907. (a) Pupils of the public schools, including charter schools, shall have the right to exercise freedom of speech and of the press including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, the wearing of buttons, badges, and other insignia, and the right of expression in official publications, whether or not the publications or other means of expression are supported financially by the school or by use of school facilities, except that expression shall be prohibited which is obscene, libelous, or slanderous. Also prohibited shall be material that so incites pupils as to create a clear and present danger of the commission of unlawful acts on school premises or the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school. (b) The governing board or body of each school district or charter school and each county board of education shall adopt rules and regulations in the form of a written publications code, which shall include reasonable provisions for the time, place, and manner of conducting such activities within its respective jurisdiction. (c) Pupil editors of official school publications shall be responsible for assigning and editing the news, editorial, and feature content of their publications subject to the limitations of this section. However, it shall be the responsibility of a journalism adviser or advisers of pupil publications within each school to supervise the production of the pupil staff, to maintain professional standards of English and journalism, and to maintain the provisions of this section. (d) There shall be no prior restraint of material prepared for official school publications except insofar as it violates this section. School officials shall have the burden of showing justification without undue delay prior to a limitation of pupil expression under this section. (e) “Official school publications” refers to material produced by pupils in the journalism, newspaper, yearbook, or writing classes and distributed to the student body either free or for a fee. (f) This section does not prohibit or prevent the governing board or body of a school district or charter school from adopting otherwise valid rules and regulations relating to oral communication by pupils upon the premises of each school. (g) An employee shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a pupil engaged in the conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or Section 2 of Article I of the California Constitution. (Amended by Stats. 2010, Ch. 142, Sec. 2. (SB 438) Effective January 1, 2011.)
  20. 48908.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    All pupils must comply with school regulations, follow the required course of study, and submit to teachers’ authority.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48908. All pupils shall comply with the regulations, pursue the required course of study, and submit to the authority of the teachers of the schools. (Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
  21. 48909.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    When certain allegations are made in court, the district attorney may give written notice within 48 hours to the school superintendent and the pupil’s parent or guardian.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48909. When a petition is requested in juvenile court or a complaint is filed in any court alleging that a minor of compulsory school attendance age or any pupil currently enrolled in a public school in a grade to and including grade 12 is a person who (a) has used, sold, or possessed narcotics or other hallucinogenic drugs or substances; (b) has inhaled or breathed the fumes of, or ingested any poison classified as such in Section 4160 of the Business and Professions Code; or (c) has committed felonious assault, homicide, or rape the district attorney may, within 48 hours, provide written notice to the superintendent of the school district of attendance, notwithstanding the provisions of Section 827 of the Welfare and Institutions Code, and to the pupil’s parent or guardian. (Amended by Stats. 1991, Ch. 1202, Sec. 1.)
  22. 48910.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    A teacher may suspend a pupil from class for specified acts, but must report it to the principal, notify the parent or guardian, and follow limits on where the pupil may be placed during the suspension.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48910. (a) A teacher may suspend any pupil from class, for any of the acts enumerated in Section 48900, for the day of the suspension and the day following. The teacher shall immediately report the suspension to the principal of the school and send the pupil to the principal or the designee of the principal for appropriate action. If that action requires the continued presence of the pupil at the schoolsite, the pupil shall be under appropriate supervision, as defined in policies and related regulations adopted by the governing board of the school district. As soon as possible, the teacher shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. If practicable, a school counselor or a school psychologist may attend the conference. A school administrator shall attend the conference if the teacher or the parent or guardian so requests. The pupil shall not be returned to the class from which he or she was suspended, during the period of the suspension, without the concurrence of the teacher of the class and the principal. (b) A pupil suspended from a class shall not be placed in another regular class during the period of suspension. However, if the pupil is assigned to more than one class per day this subdivision shall apply only to other regular classes scheduled at the same time as the class from which the pupil was suspended. (c) A teacher may also refer a pupil, for any of the acts enumerated in Section 48900, to the principal or the designee of the principal for consideration of a suspension from the school. (Amended by Stats. 2004, Ch. 895, Sec. 10. Effective January 1, 2005.)
  23. 48911.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    School officials may suspend a pupil, but usually only after an informal conference and with notice and reporting duties.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48911. (a) The principal of the school, the principal’s designee, or the district superintendent of schools may suspend a pupil from the school for any of the reasons enumerated in Section 48900, and pursuant to Section 48900.5, for no more than five consecutive schooldays. (b) Suspension by the principal, the principal’s designee, or the district superintendent of schools shall be preceded by an informal conference conducted by the principal, the principal’s designee, or the district superintendent of schools between the pupil and, whenever practicable, the teacher, supervisor, or school employee who referred the pupil to the principal, the principal’s designee, or the district superintendent of schools. At the conference, the pupil shall be informed of the reason for the disciplinary action, including the other means of correction that were attempted before the suspension as required under Section 48900.5, and the evidence against the pupil, and shall be given the opportunity to present the pupil’s version and evidence in the pupil’s defense. (c) A principal, the principal’s designee, or the district superintendent of schools may suspend a pupil without affording the pupil an opportunity for a conference only if the principal, the principal’s designee, or the district superintendent of schools determines that an emergency situation exists. “Emergency situation,” as used in this article, means a situation determined by the principal, the principal’s designee, or the district superintendent of schools to constitute a clear and present danger to the life, safety, or health of pupils or school personnel. If a pupil is suspended without a conference before suspension, the pupil and the pupil’s parent or guardian, or, if the pupil is a foster child, the foster child’s educational rights holder, attorney, and county social worker, or, if the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the Indian child’s tribal social worker and, if applicable, county social worker shall be notified of the pupil’s right to a conference and the pupil’s right to return to school for the purpose of a conference. The conference shall be held within two schooldays, unless the pupil waives this right or is physically unable to attend for any reason, including, but not limited to, incarceration or hospitalization. The conference shall then be held as soon as the pupil is physically able to return to school for the conference. (d) At the time of suspension, a school employee shall make a reasonable effort to contact the pupil’s parent or guardian or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker in person, by email, or by telephone. If a pupil is suspended from school, the parent or guardian or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker shall be notified in writing of the suspension. (e) A school employee shall report the suspension of the pupil, including the cause for the suspension, to the governing board of the school district or to the district superintendent of schools in accordance with the regulations of the governing board of the school district. (f) (1) The parent or guardian of a pupil or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker shall respond without delay to a request from school officials to attend a conference regarding the child’s behavior. (2) Penalties shall not be imposed on a pupil for failure of the pupil’s parent or guardian or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker to attend a conference with school officials. Reinstatement of the suspended pupil shall not be contingent upon attendance by the pupil’s parent or guardian or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker at the conference. (g) In a case where expulsion from a school or suspension for the balance of the semester from continuation school is being processed by the governing board of the school district, the district superintendent of schools or other person designated by the district superintendent of schools in writing may extend the suspension until the governing board of the school district has rendered a decision in the action. However, an extension may be granted only if the district superintendent of schools or the district superintendent’s designee has determined, following a meeting in which the pupil and the pupil’s parent or guardian are invited to participate, that the presence of the pupil at the school or in an alternative school placement would cause a danger to persons or property or a threat of disrupting the instructional process. If the pupil is a foster child, as defined in Section 48853.5, the district superintendent of schools or the district superintendent’s designee, including, but not limited to, the educational liaison for the school district, shall also invite the pupil’s educational rights holder, attorney, and the county social worker to participate in the meeting. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the district superintendent of schools or the district superintendent’s designee, including, but not limited to, the educational liaison for the school district, shall also invite the pupil’s tribal social worker and, if applicable, county social worker to participate in the meeting. If the pupil, the pupil’s parent or guardian, or, if applicable, the foster child’s educational rights holder, attorney, or county social worker, or, if applicable, the Indian child’s tribal social worker or, if applicable, county social worker has requested a meeting to challenge the original suspension pursuant to Section 48914, the purpose of the meeting shall be to decide upon the extension of the suspension order under this section and may be held in conjunction with the initial meeting on the merits of the suspension. (h) (1) For purposes of this section, a “principal’s designee” is one or more administrators at the schoolsite specifically designated by the principal, in writing, to assist with disciplinary procedures. (2) In the event that there is not an administrator in addition to the principal at the schoolsite, a certificated person at the schoolsite may be specifically designated by the principal, in writing, as a “principal’s designee,” to assist with disciplinary procedures. The principal may designate only one person at a time as the principal’s primary designee for the school year. (3) An additional person meeting the requirements of this subdivision may be designated by the principal, in writing, to act for purposes of this article when both the principal and the principal’s primary designee are absent from the schoolsite. The name of the person, and the names of any person or persons designated as “principal’s designee,” shall be on file in the principal’s office. (i) This section is not an exception to, and does not place any limitation on, Section 48903. (Amended by Stats. 2022, Ch. 400, Sec. 5. (AB 740) Effective January 1, 2023.)
  24. 48911.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    A suspended pupil may be placed in a supervised suspension classroom if certain safety/discipline conditions are met, and the pupil, school staff, and district have specific notification, separation, instructional, and funding-use rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48911.1. (a) A pupil suspended from a school for any of the reasons enumerated in Sections 48900 and 48900.2 may be assigned, by the principal or the principal’s designee, to a supervised suspension classroom for the entire period of suspension if the pupil poses no imminent danger or threat to the campus, pupils, or staff, or if an action to expel the pupil has not been initiated. (b) Pupils assigned to a supervised suspension classroom shall be separated from other pupils at the schoolsite for the period of suspension in a separate classroom, building, or site for pupils under suspension. (c) School districts may continue to claim apportionments for each pupil assigned to and attending a supervised suspension classroom provided as follows: (1) The supervised suspension classroom is staffed as otherwise provided by law. (2) Each pupil has access to appropriate counseling services. (3) The supervised suspension classroom promotes completion of schoolwork and tests missed by the pupil during the suspension. (4) Each pupil is responsible for contacting the pupil’s teacher or teachers to receive assignments to be completed while the pupil is assigned to the supervised suspension classroom. The teacher shall provide all assignments and tests that the pupil will miss while suspended. If no classroom work is assigned, the person supervising the suspension classroom shall assign schoolwork. (d) At the time a pupil is assigned to a supervised suspension classroom, a school employee shall notify, in person, by email, or by telephone, the pupil’s parent or guardian, or, if the pupil is a foster child, the foster child’s educational rights holder, attorney, and county social worker, or, if the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the Indian child’s tribal social worker and, if applicable, county social worker. If a pupil is assigned to a supervised suspension classroom for longer than one class period, a school employee shall notify, in writing, the pupil’s parent or guardian or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker. (e) This section does not place any limitation on a school district’s ability to transfer a pupil to an opportunity school or class or a continuation education school or class. (f) Apportionments claimed by a school district for pupils assigned to supervised suspension shall be used specifically to mitigate the cost of implementing this section. (Amended by Stats. 2022, Ch. 400, Sec. 6. (AB 740) Effective January 1, 2023.)
  25. 48911.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    If prior-year suspensions exceeded 30% of enrollment, the school should consider certain alternatives to off-campus suspension; it may also report year-end results to a district superintendent or similar administrator.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48911.2. (a) If the number of pupils suspended from school during the prior school year exceeded 30 percent of the school’s enrollment, the school should consider doing at least one of the following: (1) Implement the supervised suspension program described in Section 48911.1. (2) Implement an alternative to the school’s off-campus suspension program, which involves a progressive discipline approach that occurs during the schoolday on campus, using any of the following activities: (A) Conferences between the school staff, parents, and pupils. (B) Referral to the school counselor, psychologist, child welfare attendance personnel, or other school support service staff. (C) Detention. (D) Study teams, guidance teams, resource panel teams, or other assessment-related teams. (b) At the end of the academic year, the school may report to the district superintendent in charge of school support services, or other comparable administrator if that position does not exist, on the rate of reduction in the school’s off-campus suspensions and the plan or activities used to comply with subdivision (a). (c) It is the intent of the Legislature to encourage schools that choose to implement this section to examine alternatives to off-campus suspensions that lead to resolution of pupil misconduct without sending pupils off campus. Schools that use this section should not be precluded from suspending pupils to an off-campus site. (Added by Stats. 1994, Ch. 1016, Sec. 3. Effective January 1, 1995.)
  26. 48911.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    The site principal of certain nonpublic, nonsectarian schools must follow the same suspension duties and responsibilities that apply under Section 48911 for pupils with previously identified exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48911.5. The site principal of a contracting nonpublic, nonsectarian school providing services to individuals with exceptional needs under Sections 56365 and 56366, shall have the same duties and responsibilities with respect to the suspension of pupils with previously identified exceptional needs prescribed for the suspension of pupils under Section 48911. (Added by Stats. 1985, Ch. 907, Sec. 3. Effective September 23, 1985.)
  27. 48912.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    A school district governing board may suspend a pupil for Section 48900 acts, but it must use closed-session procedures and give notice before considering suspension or other discipline against a pupil, unless a public hearing is requested in time.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48912. (a) The governing board may suspend a pupil from school for any of the acts enumerated in Section 48900 for any number of schooldays within the limits prescribed by Section 48903. (b) Notwithstanding the provisions of Section 35145 of this code and Section 54950 of the Government Code, the governing board of a school district shall, unless a request has been made to the contrary, hold closed sessions if the board is considering the suspension of, disciplinary action against, or any other action against, except expulsion, any pupil, if a public hearing upon that question would lead to the giving out of information concerning a school pupil which would be in violation of Article 5 (commencing with Section 49073) of Chapter 6.5. (c) Before calling a closed session to consider these matters, the governing board shall, in writing, by registered or certified mail or by personal service, notify the pupil and the pupil’s parent or guardian, or the pupil if the pupil is an adult, of the intent of the governing board to call and hold a closed session. Unless the pupil or the pupil’s parent or guardian shall, in writing, within 48 hours after receipt of the written notice of the board’s intention, request that the hearing be held as a public meeting, the hearing to consider these matters shall be conducted by the governing board in closed session. In the event that a written request is served upon the clerk or secretary of the governing board, the meeting shall be public, except that any discussion at that meeting which may be in conflict with the right to privacy of any pupil other than the pupil requesting the public meeting, shall be in closed session. (Amended by Stats. 1992, Ch. 1360, Sec. 4. Effective January 1, 1993.)
  28. 48912.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    A school district governing board may suspend a continuation school pupil if an act listed in Section 48900 occurred, but the suspension cannot last longer than the remainder of the semester and must meet Section 48915 requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48912.5. The governing board of a school district may suspend a pupil enrolled in a continuation school or class for a period not longer than the remainder of the semester if any of the acts enumerated in Section 48900 occurred. The suspension shall meet the requirements of Section 48915. (Added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
  29. 48913.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    A teacher may require a suspended pupil to complete missed assignments and tests.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48913. The teacher of any class from which a pupil is suspended may require the suspended pupil to complete any assignments and tests missed during the suspension. (Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
  30. 48913.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    A teacher must give assigned homework to a suspended pupil in grades 1–12 if a parent, guardian, educational decisionmaker, or the pupil asks for it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48913.5. (a) Upon the request of a parent, a legal guardian or other person holding the right to make educational decisions for the pupil, or the affected pupil, a teacher shall provide to a pupil in any of grades 1 to 12, inclusive, who has been suspended from school for two or more schooldays the homework that the pupil would otherwise have been assigned. (b) If a homework assignment that is requested pursuant to subdivision (a) and turned into the teacher by the pupil either upon the pupil’s return to school from suspension or within the timeframe originally prescribed by the teacher, whichever is later, is not graded before the end of the academic term, that assignment shall not be included in the calculation of the pupil’s overall grade in the class. (Added by Stats. 2019, Ch. 779, Sec. 3. (AB 982) Effective January 1, 2020.)
  31. 48914.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    Each school district may adopt a policy allowing school officials to meet with the parent or guardian of a suspended pupil.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48914. Each school district is authorized to establish a policy that permits school officials to conduct a meeting with the parent or guardian of a suspended pupil to discuss the causes, the duration, the school policy involved, and other matters pertinent to the suspension. (Amended by Stats. 1987, Ch. 134, Sec. 6. Effective July 7, 1987.)
  32. 48915.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    This section requires school officials to recommend or order expulsion for pupils who commit listed serious acts, and it defines when expulsion is mandatory or discretionary.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48915. (a) (1) Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following acts committed at school or at a school activity off school grounds, unless the principal or superintendent determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct: (A) Causing serious physical injury to another person, except in self-defense. (B) Possession of any knife or other dangerous object of no reasonable use to the pupil. (C) Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, except for either of the following: (i) The first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis. (ii) The possession of over-the-counter medication for use by the pupil for medical purposes or medication prescribed for the pupil by a physician. (D) Robbery or extortion. (E) Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee. (2) If the principal or the superintendent of schools makes a determination as described in paragraph (1), he or she is encouraged to do so as quickly as possible to ensure that the pupil does not lose instructional time. (b) Upon recommendation by the principal or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district may order a pupil expelled upon finding that the pupil committed an act listed in paragraph (1) of subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel a pupil for any of those acts shall be based on a finding of one or both of the following: (1) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct. (2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others. (c) The principal or superintendent of schools shall immediately suspend, pursuant to Section 48911, and shall recommend expulsion of a pupil that he or she determines has committed any of the following acts at school or at a school activity off school grounds: (1) Possessing, selling, or otherwise furnishing a firearm. This subdivision does not apply to an act of possessing a firearm if the pupil had obtained prior written permission to possess the firearm from a certificated school employee, which is concurred in by the principal or the designee of the principal. This subdivision applies to an act of possessing a firearm only if the possession is verified by an employee of a school district. The act of possessing an imitation firearm, as defined in subdivision (m) of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to this subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant to subdivision (e), may be imposed. (2) Brandishing a knife at another person. (3) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code. (4) Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or committing a sexual battery as defined in subdivision (n) of Section 48900. (5) Possession of an explosive. (d) The governing board of a school district shall order a pupil expelled upon finding that the pupil committed an act listed in subdivision (c), and shall refer that pupil to a program of study that meets all of the following conditions: (1) Is appropriately prepared to accommodate pupils who exhibit discipline problems. (2) Is not provided at a comprehensive middle, junior, or senior high school, or at any elementary school. (3) Is not housed at the schoolsite attended by the pupil at the time of suspension. (e) Upon recommendation by the principal or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district may order a pupil expelled upon finding that the pupil, at school or at a school activity off of school grounds violated subdivision (f), (g), (h), (i), (j), (k), (l), or (m) of Section 48900, or Section 48900.2, 48900.3, or 48900.4, and either of the following: (1) That other means of correction are not feasible or have repeatedly failed to bring about proper conduct. (2) That due to the nature of the violation, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others. (f) The governing board of a school district shall refer a pupil who has been expelled pursuant to subdivision (b) or (e) to a program of study that meets all of the conditions specified in subdivision (d). Notwithstanding this subdivision, with respect to a pupil expelled pursuant to subdivision (e), if the county superintendent of schools certifies that an alternative program of study is not available at a site away from a comprehensive middle, junior, or senior high school, or an elementary school, and that the only option for placement is at another comprehensive middle, junior, or senior high school, or another elementary school, the pupil may be referred to a program of study that is provided at a comprehensive middle, junior, or senior high school, or at an elementary school. (g) As used in this section, “knife” means any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade longer than 31/2 inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade. (h) As used in this section, the term “explosive” means “destructive device” as described in Section 921 of Title 18 of the United States Code. (Amended by Stats. 2012, Ch. 431, Sec. 3. (AB 2537) Effective January 1, 2013.)
  33. 48915.01.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    A school district governing board with a community day school at the same site may avoid one specified condition when referring a pupil there for study.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48915.01. If the governing board of a school district has established a community day school pursuant to Section 48661 on the same site as a comprehensive middle, junior, or senior high school, or at any elementary school, the governing board does not have to meet the condition in paragraph (2) of subdivision (d) of Section 48915 when the board, pursuant to subdivision (f) of Section 48915, refers a pupil to a program of study and that program of study is at the community day school. All the other conditions of subdivision (d) of Section 48915 are applicable to the referral as required by subdivision (f) of Section 48915. (Added by Stats. 1996, Ch. 937, Sec. 3. Effective September 26, 1996.)
  34. 48915.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    School district boards must hold a hearing before deciding enrollment for certain previously expelled students, and the receiving district must answer records requests within five working days.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48915.1. (a) If the governing board of a school district receives a request from an individual who has been expelled from another school district for an act other than those described in subdivision (a) or (c) of Section 48915, for enrollment in a school maintained by the school district, the board shall hold a hearing to determine whether that individual poses a continuing danger either to the pupils or employees of the school district. The hearing and notice shall be conducted in accordance with the rules and regulations governing procedures for the expulsion of pupils as described in Section 48918. A school district may request information from another school district regarding a recommendation for expulsion or the expulsion of an applicant for enrollment. The school district receiving the request shall respond to the request with all deliberate speed but shall respond no later than five working days from the date of the receipt of the request. (b) If a pupil has been expelled from his or her previous school for an act other than those listed in subdivision (a) or (c) of Section 48915, the parent, guardian, or pupil, if the pupil is emancipated or otherwise legally of age, shall, upon enrollment, inform the receiving school district of his or her status with the previous school district. If this information is not provided to the school district and the school district later determines the pupil was expelled from the previous school, the lack of compliance shall be recorded and discussed in the hearing required pursuant to subdivision (a). (c) The governing board of a school district may make a determination to deny enrollment to an individual who has been expelled from another school district for an act other than those described in subdivision (a) or (c) of Section 48915, for the remainder of the expulsion period after a determination has been made, pursuant to a hearing, that the individual poses a potential danger to either the pupils or employees of the school district. (d) The governing board of a school district, when making its determination whether to enroll an individual who has been expelled from another school district for these acts, may consider the following options: (1) Deny enrollment. (2) Permit enrollment. (3) Permit conditional enrollment in a regular school program or another educational program. (e) Notwithstanding any other provision of law, the governing board of a school district, after a determination has been made, pursuant to a hearing, that an individual expelled from another school district for an act other than those described in subdivision (a) or (c) of Section 48915 does not pose a danger to either the pupils or employees of the school district, shall permit the individual to enroll in a school in the school district during the term of the expulsion, provided that he or she, subsequent to the expulsion, either has established legal residence in the school district, pursuant to Section 48200, or has enrolled in the school pursuant to an interdistrict agreement executed between the affected school districts pursuant to Chapter 5 (commencing with Section 46600). (Amended by Stats. 1996, Ch. 937, Sec. 4. Effective September 26, 1996.)
  35. 48915.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    A pupil expelled for certain offenses generally may not enroll in another school or district during the expulsion period, except in specified alternative schools. After a hearing-based finding of no danger, a school district board may allow enrollment after the expulsion term if residence or an interdistrict agreement condition is met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48915.2. (a) A pupil expelled from school for any of the offenses listed in subdivision (a) or (c) of Section 48915, shall not be permitted to enroll in any other school or school district during the period of expulsion unless it is a county community school pursuant to subdivision (c) of Section 1981, or a juvenile court school, as described in Section 48645.1, or a community day school pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27. (b) After a determination has been made, pursuant to a hearing under Section 48918, that an individual expelled from another school district for any act described in subdivision (a) or (c) of Section 48915 does not pose a danger to either the pupils or employees of the school district, the governing board of a school district may permit the individual to enroll in the school district after the term of expulsion, subject to one of the following conditions: (1) He or she has established legal residence in the school district, pursuant to Section 48200. (2) He or she is enrolled in the school pursuant to an interdistrict agreement executed between the affected school districts pursuant to Chapter 5 (commencing with Section 46600) of Part 26. (Amended by Stats. 1995, Ch. 974, Sec. 3. Effective January 1, 1996. Operative July 1, 1996, by Sec. 9 of Ch. 974, which was amended by Stats. 1996, Ch. 937.)
  36. 48915.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    Students with exceptional needs may be suspended or expelled under specified federal and state rules, and some students are entitled to alternative transportation at no cost if schoolbus transportation is excluded.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48915.5. (a) An individual with exceptional needs, as defined in Section 56026, may be suspended or expelled from school in accordance with Section 1415(k) of Title 20 of the United States Code, the discipline provisions contained in Sections 300.530 to 300.537, inclusive, of Title 34 of the Code of Federal Regulations, and other provisions of this part that do not conflict with federal law and regulations. (b) A free appropriate public education for individuals with exceptional needs suspended or expelled from school shall be in accordance with Section 1412(a)(1) of Title 20 of the United States Code and Section 300.530(d) of Title 34 of the Code of Federal Regulations. (c) If an individual with exceptional needs is excluded from schoolbus transportation, the pupil is entitled to be provided with an alternative form of transportation at no cost to the pupil or parent or guardian if that transportation is specified in the pupil’s individualized education program. (d) If the individual with exceptional needs is a foster child, as defined in Section 48853.5, and the local educational agency has proposed a change of placement, the educational rights holder, attorney, and county social worker for the individual with exceptional needs shall be invited to participate in the individualized education program team meeting that makes a manifestation determination pursuant to Section 1415(k) of Title 20 of the United States Code. The invitation may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call. (e) If the individual with exceptional needs is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, and the local educational agency has proposed a change of placement due to an act for which a decision to recommend expulsion is at the discretion of the principal or the district superintendent of schools, the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code shall be invited to participate in the individualized education program team meeting that makes a manifestation determination pursuant to Section 1415(k) of Title 20 of the United States Code. The invitation may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call. (f) If the individual with exceptional needs is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, and the local educational agency has proposed a change of placement, the tribal social worker and, if applicable, county social worker for the individual with exceptional needs shall be invited to participate in the individualized education program team meeting that makes a manifestation determination pursuant to Section 1415(k) of Title 20 of the United States Code. The invitation may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call. (Amended by Stats. 2022, Ch. 400, Sec. 7. (AB 740) Effective January 1, 2023.)
  37. 48916.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    The governing board must manage expulsion readmission timing, create and support a rehabilitation plan, and generally readmit an expelled pupil unless specific findings justify denial.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48916. (a) An expulsion order shall remain in effect until the governing board, in the manner prescribed in this article, orders the readmission of a pupil. At the time an expulsion of a pupil is ordered for an act other than those described in subdivision (c) of Section 48915, the governing board shall set a date, not later than the last day of the semester following the semester in which the expulsion occurred, when the pupil shall be reviewed for readmission to a school maintained by the district or to the school the pupil last attended. If an expulsion is ordered during summer session or the intersession period of a year-round program, the governing board shall set a date, not later than the last day of the semester following the summer session or intersession period in which the expulsion occurred, when the pupil shall be reviewed for readmission to a school maintained by the district or to the school the pupil last attended. For a pupil who has been expelled pursuant to subdivision (c) of Section 48915, the governing board shall set a date of one year from the date the expulsion occurred, when the pupil shall be reviewed for readmission to a school maintained by the district, except that the governing board may set an earlier date for readmission on a case-by-case basis. (b) (1) The governing board shall recommend a plan of rehabilitation for the pupil at the time of the expulsion order, which shall include, but not be limited to, periodic review and a preliminary assessment for readmission at least 45 days before the end of the expulsion term. The plan shall be tailored to the individual pupil’s needs and address the pupil’s behavior that led to the expulsion. The plan may be developed in consultation with school personnel who have knowledge or special expertise regarding the pupil and include recommendations for improved academic performance, tutoring, special education assessments, job training, counseling, employment, community service, or other rehabilitative programs. (2) The governing board shall assist the pupil in locating opportunities accessible to the pupil that are necessary to complete the requirements of a plan for rehabilitation, including, but not limited to, opportunities for counseling and community service. (3) The governing board shall not require the pupil or the pupil’s parent or guardian to pay for any costs or services the governing board determines to be necessary for the pupil to complete a plan of rehabilitation. (c) (1) The governing board of each school district shall adopt rules and regulations establishing a procedure for the filing and processing of requests for readmission, a process for the required review of all expelled pupils for readmission, and a procedure for the transition process for readmitted pupils. As part of the process for a required review, the governing board shall indicate whether or not the pupil had access to the necessary resources to complete their rehabilitation plan. A rehabilitation plan that is not completed due to financial or transportation barriers or a lack of viable opportunities to complete a term of the rehabilitation plan shall not be a basis to deny the readmission of a pupil. A description of the readmission procedure shall be made available to the pupil and the pupil’s parent or guardian at the same time the pupil and the pupil’s parent or guardian are notified of the expulsion order. (2) Upon completion of the readmission review process, the governing board shall readmit the pupil, unless the governing board makes a finding that the pupil (A) has not substantially met the conditions of the rehabilitation plan despite having access to the necessary resources and viable opportunities to complete their rehabilitation plan or (B) continues to exhibit documented behaviors that the pupil was expelled for or is documented to have committed one or more new acts during the expulsion term that would make the pupil eligible for another expulsion. (3) If the pupil is not readmitted pursuant to paragraph (2), the expulsion term may be extended for one semester at a time, at which point the pupil shall be reassessed for readmission pursuant to paragraph (1). (d) If the governing board denies the readmission of an expelled pupil pursuant to subdivision (c), the governing board shall make a determination to continue the placement of the pupil in the alternative educational program initially selected for the pupil during the period of the expulsion order or to place the pupil in another program that may include, but need not be limited to, serving expelled pupils, including placement in a county community school. (e) The governing board shall provide written notice to the expelled pupil and the pupil’s parent or guardian describing the reasons for denying the pupil readmittance into the regular school district program. The written notice shall also include the determination of the educational program for the expelled pupil pursuant to subdivision (d). The expelled pupil shall enroll in that educational program unless the parent or guardian of the pupil elects to enroll the pupil in another school district. (Amended by Stats. 2025, Ch. 294, Sec. 1. (AB 1230) Effective January 1, 2026.)
  38. 48916.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    When a pupil is expelled, the school district must provide an educational program, notify the pupil and family about options, and make the initial referral within three days.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48916.1. (a) At the time an expulsion of a pupil is ordered, the governing board of the school district shall ensure that an educational program is provided to the pupil who is subject to the expulsion order for the period of the expulsion. Before an expulsion order is finalized, the governing board shall notify the pupil and the pupil’s family of the available educational options for expelled pupils as outlined in the plan pursuant to Section 48926. No later than three days after the expulsion, the governing board shall complete the initial referral of the pupil for enrollment in an educational program. Except for pupils expelled pursuant to subdivision (d) of Section 48915, the governing board of a school district is required to implement the provisions of this section only to the extent funds are appropriated for this purpose in the annual Budget Act or other legislation, or both. (b) Notwithstanding any other law, an educational program provided pursuant to subdivision (a) may be operated by the school district, the county superintendent of schools, or a consortium of districts or in joint agreement with the county superintendent of schools. (c) An educational program provided pursuant to subdivision (b) may not be situated within or on the grounds of the school from which the pupil was expelled. (d) If the pupil who is subject to the expulsion order was expelled from any of kindergarten or grades 1 to 6, inclusive, the educational program provided pursuant to subdivision (b) may not be combined or merged with educational programs offered to pupils in any of grades 7 to 12, inclusive. The district or county program is the only program required to be provided to expelled pupils as determined by the governing board of the school district. This subdivision, as it relates to the separation of pupils by grade levels, does not apply to community day schools offering instruction in any of kindergarten and grades 1 to 8, inclusive, and established in accordance with Section 48660. (e) (1) Each school district shall maintain the following outcome data: (A) The number of pupils recommended for expulsion. (B) The grounds for each recommended expulsion. (C) Whether the pupil was subsequently expelled. (D) Whether the expulsion order was suspended. (E) The type of referral made after the expulsion. (F) The disposition of the pupil after the end of the period of expulsion, including the completion of a rehabilitation plan or the successful readmission of the pupil, or both. (G) The average length of expulsion terms, including any extensions. (2) The Superintendent may require a school district to report this data as part of the coordinated compliance review. (f) If the county superintendent of schools is unable at any time during the expulsion term and for any reason to serve the expelled pupils of a school district within the county, the county superintendent of schools shall notify the governing board of that school district. Upon notification, the governing board of the school district shall ensure that another educational program is provided to the pupil who is subject to an expulsion order for the duration of the expulsion order. The governing board of the school district may enter into an agreement with a county superintendent of schools in another county to provide education services for the school district’s expelled pupils. Upon the change of a pupil’s eligibility for an educational program or at the request of the pupil’s parent or guardian, the governing board of the school district shall review with the pupil and the pupil’s parent or guardian the educational options for expelled pupils as outlined in the plan pursuant to Section 48926. (Amended by Stats. 2025, Ch. 294, Sec. 2. (AB 1230) Effective January 1, 2026.)
  39. 48916.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    A governing board may require an expelled pupil to enroll in a county-supported drug rehabilitation program before returning to school, but only with a parent or guardian’s consent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48916.5. The governing board may require a pupil who is expelled from school for reasons relating to controlled substances, as defined in Sections 11054 to 11058, inclusive, of the Health and Safety Code, or alcohol, prior to returning to school to enroll in a county-supported drug rehabilitation program. No pupil shall be required to enroll in a rehabilitation program pursuant to this section without the consent of his or her parent or guardian. (Added by Stats. 1988, Ch. 50, Sec. 1.)
  40. 48917.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    The governing board may pause enforcement of an expulsion for up to one year, require a rehabilitation assignment, and must treat suspension criteria equally for all pupils. It must reinstate a pupil after successful completion, and an appeal must be filed within 30 days of the board’s original vote.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48917. (a) The governing board, upon voting to expel a pupil, may suspend the enforcement of the expulsion order for a period of not more than one calendar year and may, as a condition of the suspension of enforcement, assign the pupil to a school, class, or program that is deemed appropriate for the rehabilitation of the pupil. The rehabilitation program to which the pupil is assigned may provide for the involvement of the pupil’s parent or guardian in his or her child’s education in ways that are specified in the rehabilitation program. A parent or guardian’s refusal to participate in the rehabilitation program shall not be considered in the governing board’s determination as to whether the pupil has satisfactorily completed the rehabilitation program. (b) The governing board shall apply the criteria for suspending the enforcement of the expulsion order equally to all pupils, including individuals with exceptional needs as defined in Section 56026. (c) During the period of the suspension of the expulsion order, the pupil is deemed to be on probationary status. (d) The governing board may revoke the suspension of an expulsion order under this section if the pupil commits any of the acts enumerated in Section 48900 or violates any of the district’s rules and regulations governing pupil conduct. When the governing board revokes the suspension of an expulsion order, a pupil may be expelled under the terms of the original expulsion order. (e) Upon satisfactory completion of the rehabilitation assignment of a pupil, the governing board shall reinstate the pupil in a school of the district and may also order the expungement of any or all records of the expulsion proceedings. (f) A decision of the governing board to suspend an expulsion order does not affect the time period and requirements for the filing of an appeal of the expulsion order with the county board of education required under Section 48919. Any appeal shall be filed within 30 days of the original vote of the governing board. (Amended by Stats. 1995, Ch. 95, Sec. 1. Effective January 1, 1996.)
  41. 48918.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    School districts must set expulsion procedures and give pupils a hearing, notice, and related hearing rights before expulsion is decided.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48918. The governing board of each school district shall establish rules and regulations governing procedures for the expulsion of pupils. These procedures shall include, but are not necessarily limited to, all of the following: (a) (1) The pupil shall be entitled to a hearing to determine whether the pupil should be expelled. An expulsion hearing shall be held within 30 schooldays after the date the principal or the superintendent of schools determines that the pupil has committed any of the acts enumerated in Section 48900, unless the pupil requests, in writing, that the hearing be postponed. The adopted rules and regulations shall specify that the pupil is entitled to at least one postponement of an expulsion hearing, for a period of not more than 30 calendar days. Any additional postponement may be granted at the discretion of the governing board of the school district. (2) Within 10 schooldays after the conclusion of the hearing, the governing board of the school district shall decide whether to expel the pupil, unless the pupil requests in writing that the decision be postponed. If the hearing is held by a hearing officer or an administrative panel, or if the governing board of the school district does not meet on a weekly basis, the governing board of the school district shall decide whether to expel the pupil within 40 schooldays after the date of the pupil’s removal from his or her school of attendance for the incident for which the recommendation for expulsion is made by the principal or the superintendent of schools, unless the pupil requests in writing that the decision be postponed. (3) If compliance by the governing board of the school district with the time requirements for the conducting of an expulsion hearing under this subdivision is impracticable during the regular school year, the superintendent of schools or the superintendent’s designee may, for good cause, extend the time period for the holding of the expulsion hearing for an additional five schooldays. If compliance by the governing board of the school district with the time requirements for the conducting of an expulsion hearing under this subdivision is impractical due to a summer recess of governing board meetings of more than two weeks, the days during the recess period shall not be counted as schooldays in meeting the time requirements. The days not counted as schooldays in meeting the time requirements for an expulsion hearing because of a summer recess of governing board meetings shall not exceed 20 schooldays, as defined in subdivision (c) of Section 48925, and unless the pupil requests in writing that the expulsion hearing be postponed, the hearing shall be held not later than 20 calendar days before the first day of school for the school year. Reasons for the extension of the time for the hearing shall be included as a part of the record at the time the expulsion hearing is conducted. Upon the commencement of the hearing, all matters shall be pursued and conducted with reasonable diligence and shall be concluded without any unnecessary delay. (b) Written notice of the hearing shall be forwarded to the pupil at least 10 calendar days before the date of the hearing. The notice shall include all of the following: (1) The date and place of the hearing. (2) A statement of the specific facts and charges upon which the proposed expulsion is based. (3) A copy of the disciplinary rules of the school district that relate to the alleged violation. (4) A notice of the parent, guardian, or pupil’s obligation pursuant to subdivision (b) of Section 48915.1. (5) Notice of the opportunity for the pupil or the pupil’s parent or guardian to appear in person or to be represented by legal counsel or by a nonattorney adviser, to inspect and obtain copies of all documents to be used at the hearing, to confront and question all witnesses who testify at the hearing, to question all other evidence presented, and to present oral and documentary evidence on the pupil’s behalf, including witnesses. In a hearing in which a pupil is alleged to have committed or attempted to commit a sexual assault as specified in subdivision (n) of Section 48900 or to have committed a sexual battery as defined in subdivision (n) of Section 48900, a complaining witness shall be given five days’ notice before being called to testify, and shall be entitled to have up to two adult support persons, including, but not limited to, a parent, guardian, or legal counsel, present during his or her testimony. Before a complaining witness testifies, support persons shall be admonished that the hearing is confidential. This subdivision shall not preclude the person presiding over an expulsion hearing from removing a support person whom the presiding person finds is disrupting the hearing. If one or both of the support persons is also a witness, the provisions of Section 868.5 of the Penal Code shall be followed for the hearing. This section does not require a pupil or the pupil’s parent or guardian to be represented by legal counsel or by a nonattorney adviser at the hearing. (A) For purposes of this section, “legal counsel” means an attorney or lawyer who is admitted to the practice of law in California and is an active member of the State Bar of California. (B) For purposes of this section, “nonattorney adviser” means an individual who is not an attorney or lawyer, but who is familiar with the facts of the case, and has been selected by the pupil or pupil’s parent or guardian to provide assistance at the hearing. (c) (1) Notwithstanding Section 35145, the governing board of the school district shall conduct a hearing to consider the expulsion of a pupil in a session closed to the public, unless the pupil requests, in writing, at least five days before the date of the hearing, that the hearing be conducted at a public meeting. Regardless of whether the expulsion hearing is conducted in a closed or public session, the governing board of the school district may meet in closed session for the purpose of deliberating and determining whether the pupil should be expelled. (2) If the governing board of the school district or the hearing officer or administrative panel appointed under subdivision (d) to conduct the hearing admits any other person to a closed deliberation session, the parent or guardian of the pupil, the pupil, and the counsel of the pupil also shall be allowed to attend the closed deliberations. (3) If the hearing is to be conducted at a public meeting, and there is a charge of committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or to commit a sexual battery as defined in subdivision (n) of Section 48900, a complaining witness shall have the right to have his or her testimony heard in a session closed to the public when testifying at a public meeting would threaten serious psychological harm to the complaining witness and there are no alternative procedures to avoid the threatened harm, including, but not limited to, videotaped deposition or contemporaneous examination in another place communicated to the hearing room by means of closed-circuit television. (d) Instead of conducting an expulsion hearing itself, the governing board of the school district may contract with the county hearing officer, or with the Office of Administrative Hearings pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Division 2 of Title 3 of the Government Code and Section 35207 of this code, for a hearing officer to conduct the hearing. The governing board of the school district may also appoint an impartial administrative panel of three or more certificated persons, none of whom is a member of the governing board of the school district or employed on the staff of the school in which the pupil is enrolled. The hearing shall be conducted in accordance with all of the procedures established under this section. (e) Within three schooldays after the hearing, the hearing officer or administrative panel shall determine whether to recommend the expulsion of the pupil to the governing board of the school district. If the hearing officer or administrative panel decides not to recommend expulsion, the expulsion proceedings shall be terminated and the pupil immediately shall be reinstated and permitted to return to the classroom instructional program from which the expulsion referral was made, unless the parent, guardian, or responsible adult of the pupil requests another school placement in writing. Before the placement decision is made by the parent, guardian, or responsible adult, the superintendent of schools or the superintendent’s designee shall consult with school district personnel, including the pupil’s teachers, and the parent, guardian, or responsible adult regarding any other school placement options for the pupil in addition to the option to return to his or her classroom instructional program from which the expulsion referral was made. If the hearing officer or administrative panel finds that the pupil committed any of the acts specified in subdivision (c) of Section 48915, but does not recommend expulsion, the pupil shall be immediately reinstated and may be referred to his or her prior school or another comprehensive school, or, pursuant to the procedures set forth in Section 48432.5, a continuation school of the school district. The decision not to recommend expulsion shall be final. (f) (1) If the hearing officer or administrative panel recommends expulsion, findings of fact in support of the recommendation shall be prepared and submitted to the governing board of the school district. All findings of fact and recommendations shall be based solely on the evidence adduced at the hearing. If the governing board of the school district accepts the recommendation calling for expulsion, acceptance shall be based either upon a review of the findings of fact and recommendations submitted by the hearing officer or panel or upon the results of any supplementary hearing conducted pursuant to this section that the governing board of the school district may order. (2) The decision of the governing board of the school district to expel a pupil shall be based upon substantial evidence relevant to the charges adduced at the expulsion hearing or hearings. Except as provided in this section, no evidence to expel shall be based solely upon hearsay evidence. The governing board of the school district or the hearing officer or administrative panel may, upon a finding that good cause exists, determine that the disclosure of either the identity of a witness or the testimony of that witness at the hearing, or both, would subject the witness to an unreasonable risk of psychological or physical harm. Upon this determination, the testimony of the witness may be presented at the hearing in the form of sworn declarations that shall be examined only by the governing board of the school district or the hearing officer or administrative panel. Copies of these sworn declarations, edited to delete the name and identity of the witness, shall be made available to the pupil. (g) A record of the hearing shall be made. The record may be maintained by any means, including electronic recording, so long as a reasonably accurate and complete written transcription of the proceedings can be made. (h) (1) Technical rules of evidence shall not apply to the hearing, but relevant evidence may be admitted and given probative effect only if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. A decision of the governing board of the school district to expel shall be supported by substantial evidence showing that the pupil committed any of the acts enumerated in Section 48900. (2) In hearings that include an allegation of committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or to commit a sexual battery as defined in subdivision (n) of Section 48900, evidence of specific instances, of a complaining witness’ prior sexual conduct is to be presumed inadmissible and shall not be heard absent a determination by the person conducting the hearing that extraordinary circumstances exist requiring the evidence be heard. Before the person conducting the hearing makes the determination on whether extraordinary circumstances exist requiring that specific instances of a complaining witness’ prior sexual conduct be heard, the complaining witness shall be provided notice and an opportunity to present opposition to the introduction of the evidence. In the hearing on the admissibility of the evidence, the complaining witness shall be entitled to be represented by a parent, guardian, legal counsel, or other support person. Reputation or opinion evidence regarding the sexual behavior of the complaining witness is not admissible for any purpose. (i) (1) Before the hearing has commenced, the governing board of the school district may issue subpoenas at the request of either the superintendent of schools or the superintendent’s designee or the pupil, for the personal appearance of percipient witnesses at the hearing. After the hearing has commenced, the governing board of the school district or the hearing officer or administrative panel may, upon request of either the county superintendent of schools or the superintendent’s designee or the pupil, issue subpoenas. All subpoenas shall be issued in accordance with Sections 1985, 1985.1, and 1985.2 of the Code of Civil Procedure. Enforcement of subpoenas shall be done in accordance with Section 11455.20 of the Government Code. (2) Any objection raised by the superintendent of schools or the superintendent’s designee or the pupil to the issuance of subpoenas may be considered by the governing board of the school district in closed session, or in open session, if so requested by the pupil before the meeting. Any decision by the governing board of the school district in response to an objection to the issuance of subpoenas shall be final and binding. (3) If the governing board of the school district, hearing officer, or administrative panel determines, in accordance with subdivision (f), that a percipient witness would be subject to an unreasonable risk of harm by testifying at the hearing, a subpoena shall not be issued to compel the personal attendance of that witness at the hearing. However, that witness may be compelled to testify by means of a sworn declaration as provided for in subdivision (f). (4) Service of process shall be extended to all parts of the state and shall be served in accordance with Section 1987 of the Code of Civil Procedure. All witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the state or any political subdivision of the state, shall receive fees, and all witnesses appearing pursuant to subpoena, except the parties, shall receive mileage in the same amount and under the same circumstances as prescribed for witnesses in civil actions in a superior court. Fees and mileage shall be paid by the party at whose request the witness is subpoenaed. (j) Whether an expulsion hearing is conducted by the governing board of the school district or before a hearing officer or administrative panel, final action to expel a pupil shall be taken only by the governing board of the school district in a public session. Written notice of any decision to expel or to suspend the enforcement of an expulsion order during a period of probation shall be sent by the superintendent of schools or his or her designee to the pupil or the pupil’s parent or guardian and shall be accompanied by all of the following: (1) Notice of the right to appeal the expulsion to the county board of education. (2) Notice of the education alternative placement to be provided to the pupil during the time of expulsion. (3) Notice of the obligation of the parent, guardian, or pupil under subdivision (b) of Section 48915.1, upon the pupil’s enrollment in a new school district, to inform that school district of the pupil’s expulsion. (k) (1) The governing board of the school district shall maintain a record of each expulsion, including the cause for the expulsion. Records of expulsions shall be nonprivileged, disclosable public records. (2) The expulsion order and the causes for the expulsion shall be recorded in the pupil’s mandatory interim record and shall be forwarded to any school in which the pupil subsequently enrolls upon receipt of a request from the admitting school for the pupil’s school records. (Amended by Stats. 2014, Ch. 837, Sec. 5. (SB 1111) Effective January 1, 2015.)
  42. 48918.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    The school district governing board must give expulsion-hearing notice to specified people or agencies for foster children, homeless children or youth, and Indian children, generally at least 10 calendar days before the hearing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48918.1. (a) If the decision is expulsion and the pupil is a foster child, as defined in Section 48853.5, the governing board of the school district shall provide notice of the expulsion hearing to the pupil’s educational rights holder, attorney, and county social worker at least 10 calendar days before the date of the hearing. The notice may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call. (b) (1) If the decision to recommend expulsion is a discretionary act and the pupil is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, the governing board of the school district shall provide notice of the expulsion hearing to the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code at least 10 calendar days before the date of the hearing. The notice may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call. (2) If a recommendation of expulsion is required and the pupil is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, the governing board of the school district may provide notice of the expulsion hearing to the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code at least 10 calendar days before the date of the hearing. The notice may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call. (c) If the decision is expulsion and the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the governing board of the school district shall provide notice of the expulsion hearing to the pupil’s tribal social worker and, if applicable, county social worker at least 10 calendar days before the date of the hearing. The notice may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call. (Amended by Stats. 2022, Ch. 400, Sec. 8. (AB 740) Effective January 1, 2023.)
  43. 48918.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    For certain expulsion hearings, school districts must adopt procedures that protect the complaining witness and limit contact with the accused pupil.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48918.5. In expulsion hearings involving allegations brought pursuant to subdivision (n) of Section 48900, the governing board of each school district shall establish rules and regulations governing procedures. The procedures shall include, but are not limited to, all of the following: (a) At the time that the expulsion hearing is recommended, the complaining witness shall be provided with a copy of the applicable disciplinary rules and advised of his or her right to: (1) receive five days’ notice of the complaining witness’s scheduled testimony at the hearing, (2) have up to two adult support persons of his or her choosing, present in the hearing at the time he or she testifies; and (3) to have the hearing closed during the time they testify pursuant to subdivision (c) of Section 48918. (b) An expulsion hearing may be postponed for one schoolday in order to accommodate the special physical, mental, or emotional needs of a pupil who is the complaining witness where the allegations arise under subdivision (n) of Section 48900. (c) The district shall provide a nonthreatening environment for a complaining witness in order to better enable them to speak freely and accurately of the experiences that are the subject of the expulsion hearing, and to prevent discouragement of complaints. Each school district shall provide a room separate from the hearing room for the use of the complaining witness prior to and during breaks in testimony. In the discretion of the person conducting the hearing, the complaining witness shall be allowed reasonable periods of relief from examination and cross-examination during which he or she may leave the hearing room. The person conducting the hearing may arrange the seating within the hearing room of those present in order to facilitate a less intimidating environment for the complaining witness. The person conducting the hearing may limit the time for taking the testimony of a complaining witness to the hours he or she is normally in school, if there is no good cause to take the testimony during other hours. The person conducting the hearing may permit one of the complaining witness’s support persons to accompany him or her to the witness stand. (d) Whenever any allegation is made of conduct violative of subdivision (n) of Section 48900, complaining witnesses and accused pupils are to be advised immediately to refrain from personal or telephonic contact with each other during the pendency of any expulsion process. (Added by Stats. 1996, Ch. 915, Sec. 6. Effective January 1, 1997.)
  44. 48918.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    Testimony from a pupil witness in an expulsion hearing under this article is treated as a protected communication under Civil Code Section 47(b).

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48918.6. In addition to any other immunity that may exist, any testimony provided by a pupil witness in an expulsion hearing conducted pursuant to this article is expressly deemed to be a communication protected by subdivision (b) of Section 47 of the Civil Code. (Added by Stats. 2002, Ch. 136, Sec. 1. Effective January 1, 2003.)
  45. 48919.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    A student expelled from school, or the student’s parent or guardian, may appeal to the county board of education within 30 days. The county board must hold the hearing and decide on the appeal within the stated deadlines, and the student and school district have specific record-request and filing duties.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48919. If a pupil is expelled from school, the pupil or the pupil’s parent or guardian may, within 30 days following the decision of the governing board to expel, file an appeal to the county board of education which shall hold a hearing thereon and render its decision. The county board of education, or in a class 1 or class 2 county a hearing officer or impartial administrative panel, shall hold the hearing within 20 schooldays following the filing of a formal request under this section. If the county board of education hears the appeal without a hearing conducted pursuant to Section 48919.5, then the board shall render a decision within three schooldays of the hearing conducted pursuant to Section 48920, unless the pupil requests a postponement. The period within which an appeal is to be filed shall be determined from the date a governing board votes to expel even if enforcement of the expulsion action is suspended and the pupil is placed on probation pursuant to Section 48917. A pupil who fails to appeal the original action of the board within the prescribed time may not subsequently appeal a decision of the board to revoke probation and impose the original order of expulsion. The county board of education shall adopt rules and regulations establishing procedures for expulsion appeals conducted under this section. If the county board of education in a class 1 or class 2 county elects to use the procedures in Section 48919.5, then the board shall adopt rules and regulations establishing procedures for expulsion appeals conducted under Section 48919.5. The adopted rules and regulations shall include, but need not be limited to, the requirements for filing a notice of appeal, the setting of a hearing date, the furnishing of notice to the pupil and the governing board regarding the appeal, the furnishing of a copy of the expulsion hearing record to the county board of education, procedures for the conduct of the hearing, and the preservation of the record of the appeal. The pupil shall submit a written request for a copy of the written transcripts and supporting documents from the school district simultaneously with the filing of the notice of appeal with the county board of education. The school district shall provide the pupil with the transcriptions, supporting documents, and records within 10 schooldays following the pupil’s written request. Upon receipt of the records, the pupil shall immediately file suitable copies of these records with the county board of education. (Amended by Stats. 2000, Ch. 147, Sec. 1. Effective January 1, 2001.)
  46. 48919.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    A county board of education in a class 1 or class 2 county may use a hearing officer or three-or-more-person administrative panel for certain appeals, and the panel must follow member-disqualification rules and timing requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48919.5. (a) A county board of education in a class 1 or class 2 county may have a hearing officer pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Title 3 of the Government Code, or an impartial administrative panel of three or more certificated persons appointed by the county board of education, hear appeals filed pursuant to Section 48919. The members of the impartial administrative panel shall not be members of the governing board of the school district nor employees of the school district, from which the pupil filing the appeal was expelled. Neither the hearing officer, nor any member of the administrative panel, hearing a pupil’s appeal shall have been the hearing officer or a member of the administrative panel that conducted the pupil’s expulsion hearing. (b) A hearing conducted pursuant to this section shall not issue a final order of the county board. The hearing officer or impartial administrative panel shall prepare a recommended decision, including any findings or conclusions required for that decision, and shall submit that recommendation and the record to the county board of education within three schooldays of hearing the appeal. (c) Sections 48919, 48920, 48921, 48922, 48923, and 48925 are applicable to a hearing conducted pursuant to this section. (d) Within 10 schooldays of receiving the recommended decision and record from the hearing officer or the impartial administrative panel, the county board of education shall review the recommended decision and record and render a final order of the board. (e) For purposes of this article, the following definitions shall apply: (1) “Countywide ADA” means the aggregate number of annual units of regular average daily attendance for the fiscal year in all school districts within the county. (2) “Class 1 county” means a county with 1994/95 countywide ADA of more than 500,000. (3) “Class 2 county” means a county with 1994/95 countywide ADA of at least 180,000 but less than 500,000. (Added by Stats. 1997, Ch. 417, Sec. 3. Effective January 1, 1998.)
  47. 48920.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    The county board of education must hear an expulsion appeal in closed session unless the pupil makes a timely written request for a public hearing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48920. Notwithstanding the provisions of Section 54950 of the Government Code and Section 35145 of this code, the county board of education shall hear an appeal of an expulsion order in closed session, unless the pupil requests, in writing, at least five days prior to the date of the hearing, that the hearing be conducted in a public meeting. Upon the timely submission of a request for a public meeting, the county board of education shall be required to honor the request. Whether the hearing is conducted in closed or public session, the county board may meet in closed session for the purpose of deliberations. If the county board admits any representative of the pupil or the school district, the board shall, at the same time, admit representatives from the opposing party. (Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
  48. 48921.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    The county board of education must decide a pupil expulsion appeal based on the hearing record, and the pupil must submit a written transcript for review.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48921. The county board of education shall determine the appeal from a pupil expulsion upon the record of the hearing before the district governing board, together with such applicable documentation or regulations as may be ordered. No evidence other than that contained in the record of the proceedings of the school board may be heard unless a de novo proceeding is granted as provided in Section 48923. It shall be the responsibility of the pupil to submit a written transcription for review by the county board. The cost of the transcript shall be borne by the pupil except in either of the following situations: (1) Where the pupil’s parent or guardian certifies to the school district that he or she cannot reasonably afford the cost of the transcript because of limited income or exceptional necessary expenses, or both. (2) In a case in which the county board reverses the decision of the local governing board, the county board shall require that the local board reimburse the pupil for the cost of such transcription. (Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
  49. 48922.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    A county board of education may review a governing board’s expulsion decision only on limited questions, and it may not reverse based on abuse of discretion unless the abuse is also prejudicial.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48922. (a) The review by the county board of education of the decision of the governing board shall be limited to the following questions: (1) Whether the governing board acted without or in excess of its jurisdiction. (2) Whether there was a fair hearing before the governing board. (3) Whether there was a prejudicial abuse of discretion in the hearing. (4) Whether there is relevant and material evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the governing board. (b) As used in this section, a proceeding without or in excess of jurisdiction includes, but is not limited to, a situation where an expulsion hearing is not commenced within the time periods prescribed by this article, a situation where an expulsion order is not based upon the acts enumerated in Section 48900, or a situation involving acts not related to school activity or attendance. (c) For purposes of this section, an abuse of discretion is established in any of the following situations: (1) If school officials have not met the procedural requirements of this article. (2) If the decision to expel a pupil is not supported by the findings prescribed by Section 48915. (3) If the findings are not supported by the evidence. A county board of education may not reverse the decision of a governing board to expel a pupil based upon a finding of an abuse of discretion unless the county board of education also determines that the abuse of discretion was prejudicial. (Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
  50. 48923.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    This section limits what the county board may do when reviewing a governing board’s expulsion decision, including remand, holding a new hearing, and ordering expungement in some reversals.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48923. The decision of the county board shall be limited as follows: (a) If the county board finds that relevant and material evidence exists which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the governing board, it may do either of the following: (1) Remand the matter to the governing board for reconsideration and may in addition order the pupil reinstated pending the reconsideration. (2) Grant a hearing de novo upon reasonable notice thereof to the pupil and to the governing board. The hearing shall be conducted in conformance with the rules and regulations adopted by the county board under Section 48919. (b) If the county board determines that the decision of the governing board is not supported by the findings required to be made by Section 48915, but evidence supporting the required findings exists in the record of the proceedings, the county board shall remand the matter to the governing board for adoption of the required findings. This remand for the adoption and inclusion of the required findings shall not result in an additional hearing pursuant to Section 48918, except that final action to expel the pupil based on the revised findings of fact shall meet all requirements of subdivisions (j) and (k) of Section 48918. (c) In all other cases, the county board shall enter an order either affirming or reversing the decision of the governing board. In any case in which the county board enters a decision reversing the local board, the county board may direct the local board to expunge the record of the pupil and the records of the district of any references to the expulsion action and the expulsion shall be deemed not to have occurred. (Amended by Stats. 2000, Ch. 147, Sec. 2. Effective January 1, 2001.)
  51. 48924.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    The county board of education’s decision is final and binding, and the pupil and school district governing board must be notified in writing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48924. The decision of the county board of education shall be final and binding upon the pupil and upon the governing board of the school district. The pupil and the governing board shall be notified of the final order of the county board, in writing, either by personal service or by certified mail. The order shall become final when rendered. (Added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
  52. 48925.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    This section defines key terms used in the suspension or expulsion article, including “day,” “expulsion,” “schoolday,” “suspension,” and “pupil.”

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48925. As used in this article: (a) “Day” means a calendar day unless otherwise specifically provided. (b) “Expulsion” means removal of a pupil from (1) the immediate supervision and control, or (2) the general supervision, of school personnel, as those terms are used in Section 46300. (c) “Schoolday” means a day upon which the schools of the district are in session or weekdays during the summer recess. (d) “Suspension” means removal of a pupil from ongoing instruction for adjustment purposes. However, “suspension” does not mean any of the following: (1) Reassignment to another education program or class at the same school where the pupil will receive continuing instruction for the length of day prescribed by the governing board for pupils of the same grade level. (2) Referral to a certificated employee designated by the principal to advise pupils. (3) Removal from the class, but without reassignment to another class or program, for the remainder of the class period without sending the pupil to the principal or the principal’s designee as provided in Section 48910. Removal from a particular class shall not occur more than once every five schooldays. (e) “Pupil” includes a pupil’s parent or guardian or legal counsel. (Added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
  53. 48926.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    County school officials in counties with community schools must create and adopt a plan for educational services for expelled pupils, then submit the plan and later updates to the Superintendent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48926. (a) (1) Each county superintendent of schools in counties that operate community schools pursuant to Section 1980, in conjunction with superintendents of the school districts within the county, shall develop a plan for providing education services, including any services that may be required pursuant to a pupil’s individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), to all expelled pupils in that county. The plan shall be adopted by the governing board of each school district within the county and by the county board of education. (2) The plan shall accomplish all of the following: (A) Enumerate existing educational alternatives for expelled pupils. (B) Identify gaps in educational services to expelled pupils and recommend strategies for filling those service gaps. (C) Identify multiple educational programs and services. (D) Outline a timely readmission process after the expulsion term is complete. (E) Describe the steps to be taken by the school district, in collaboration with the county office of education, to support the successful transition of a pupil upon readmission. (F) Identify alternative placements for pupils who are expelled and placed in district community day school programs, but who fail to substantially meet the terms and conditions of their rehabilitation plan. (b) Each county superintendent of schools, in conjunction with the superintendents of the school districts, shall submit to the Superintendent the county plan for providing educational services to all expelled pupils in the county no later than June 30, 1997, and shall submit a triennial update to the plan to the Superintendent that reflects the outcome data pursuant to Section 48916.1, on June 30 thereafter. (Amended by Stats. 2025, Ch. 294, Sec. 3. (AB 1230) Effective January 1, 2026.)
  54. 48927.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. )

    Verify source ↗

    This section says the suspension/expulsion chapter also applies to pupils at the California School for the Blind and the two California Schools for the Deaf, and it defines several terms for those schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Suspension or Expulsion [48900 - 48927] ( Article 1 repealed and added by Stats. 1983, Ch. 498, Sec. 91. ) ## 48927. (a) This chapter shall also apply to pupils attending the California School for the Blind and the two California Schools for the Deaf, which shall be referred to as the “state special schools.” (b) Because the state special schools have a governance structure different from that of school districts, for the purposes of this section the following definitions shall apply: (1) “Superintendent” means the appropriate principal of the state special school in which the pupil is enrolled, or the principal’s designee, for purposes of Sections 48900, 48900.2, 48900.3, 48900.4, 48900.5, 48900.7, and 48911, and subdivisions (a) and (j) of Section 48918. (2) “Governing board of each school district,” “governing board of any school district,” or “each governing board of a school district” means the Superintendent of Public Instruction or his or her designee for purposes of subdivision (a) of Section 48900.1, subdivision (b) of Section 48901, subdivision (b) of Section 48901.5, Section 48907, Section 48910, the first paragraph of Section 48918, and the first paragraph of Section 48918.5. (3) “Governing board” means the Superintendent of the State Special School in which the pupil is enrolled for purposes of Section 48912, subdivision (d) of Section 48915, Section 48915.5, Section 48916, Section 48917, subdivisions (a), (c), (d), (f), (h), (i), (j), and (k) of Section 48918, and Sections 48921, 48922, 48923, and 48924. (4) “Governing board” means the governing board of the district of residence of the expelled pupil for purposes of subdivision (f) of Section 48915 and Section 48916.1. In the case of an adult pupil expelled from a state special school, “governing board” means the governing board of the school district that referred the pupil to the state special school for purposes of the code section cited in this paragraph. (5) “Superintendent of schools or the governing board” means the appropriate principal of the state special school in which the pupil is enrolled, or the principal’s designee, for the purposes of Section 48900.6. (6) “School district” or “district” means the state special school in which the pupil is enrolled for purposes of Section 48900.8, subdivision (b) of Section 48903, Section 48905, Section 48909, Section 48914, paragraph (1) of subdivision (e) of Section 48916.1, subdivision (c) of Section 48918.5, Section 48919, Section 48920, and Section 48921. (7) “County board of education” or “county board” means the Superintendent of Public Instruction or his or her designee for purposes of Sections 48920, 48921, 48922, 48923, and 48924. (8) “Local educational agency” includes a state special school for purposes of Section 48902 and Section 48915.5. (9) “A change in placement” for purposes of paragraph (2) of subdivision (a) of Section 48915.5 means a referral by the state special school to the pupil’s school district of residence for placement in an appropriate interim alternative educational setting. (10) “Individualized education program team” means the individualized education program team of the pupil’s school district of residence with appropriate representation from the state special school in which the pupil is enrolled for purposes of subdivision (a) of Section 48915.5.2. (11) “Individualized education program team” means the individualized education program team of the state special school in which the pupil is enrolled with appropriate representation from the pupil’s school district of residence for purposes of subdivisions (b), (c), and (d) of Section 48915.5.3. (c) Subdivision (b) of this section shall be deemed to provide the same due process procedural protections to pupils in the state special schools as afforded to pupils in the public school districts of the state. (Amended by Stats. 2003, Ch. 62, Sec. 56.5. Effective January 1, 2004.)
  55. 48929.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Transfer of Pupil Convicted of Violent Felony or Misdemeanor [48929- 48929.] ( Article 1.5 added by Stats. 2016, Ch. 154, Sec. 1. )

    Verify source ↗

    A school district board may transfer certain convicted pupils to another school in the district if specified policy and notice conditions are met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Transfer of Pupil Convicted of Violent Felony or Misdemeanor [48929- 48929.] ( Article 1.5 added by Stats. 2016, Ch. 154, Sec. 1. ) ## 48929. Notwithstanding any other law, the governing board of a school district may transfer to another school in that school district a pupil enrolled in that school district who has been convicted of a violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, or convicted of a misdemeanor listed in Section 29805 of the Penal Code if the pupil to be transferred and the victim of the crime for which the pupil was convicted are enrolled at the same school, subject to satisfaction of both of the following conditions: (a) The governing board of the school district has adopted a policy at a regularly scheduled meeting that contains all of the following provisions: (1) A requirement that the pupil and pupil’s parent or guardian be notified of the right to request a meeting with the school principal or designee of the school or school district. (2) A requirement that the school first attempt to resolve the conflict before transferring a pupil, including, but not limited to, using restorative justice, counseling, or other services. (3) Whether the decision to transfer a pupil is subject to periodic review and the procedure for conducting the review. (4) The process to be used by the governing board of the school district to consider and approve or disapprove of the recommendation of the school principal or other school or school district designee to transfer the pupil. (b) The governing board of the school district has provided notice of the policy to parents or guardians as part of the annual notification required pursuant to Section 48980. (Added by Stats. 2016, Ch. 154, Sec. 1. (SB 1343) Effective January 1, 2017.)
  56. 48930.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Students may form a student body association at public schools, but only with school district board approval and under its control and regulation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 48930. Any group of students may organize a student body association within the public schools with the approval and subject to the control and regulation of the governing board of the school district. Any such organization shall have as its purpose the conduct of activities on behalf of the students approved by the school authorities and not in conflict with the authority and responsibility of the public school officials. Any student body organization may be granted the use of school premises and properties without charge subject to such regulations as may be established by the governing board of the school district. (Enacted by Stats. 1976, Ch. 1010.)
  57. 48931.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    School district or county education boards may let pupils or adult groups sell food on school grounds, but only under State Board of Education policy and regulations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 48931. The governing board of any school district or any county office of education may authorize any pupil or adult entity or organization to sell food on school premises, subject to policy and regulations of the State Board of Education. The State Board of Education shall develop policy and regulations for the sale of food by any pupil or adult entity or organization, or any combination thereof, which shall ensure optimum participation in the school district’s or the county office of education’s nonprofit food service programs and shall be in consideration of all programs approved by the governing board of any school district or any county office of education. The policy and regulations shall be effective the first of the month following adoption by the State Board of Education. Nothing in this section shall be construed as exempting from the California Uniform Retail Food Facilities Law (Chapter 4 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code), food sales that are authorized pursuant to this section and that would otherwise be subject to the California Uniform Retail Food Facilities Law. (Amended by Stats. 1996, Ch. 1023, Sec. 40. Effective September 29, 1996.)
  58. 48932.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board may allow pupil organizations to carry on activities, including fundraising, and may authorize student body organizations to fundraise on school property during school hours if the board has found the activities will not disrupt normal school operations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 48932. The governing board of any school district may authorize any organization composed entirely of pupils attending the schools of the district to maintain such activities, including fund-raising activities, as may be approved by the governing board. The governing board of any school district may, by resolution, authorize any student body organization to conduct fund-raising activities on school property during school hours provided that the governing board has determined that such activities will not interfere with the normal conduct of the schools. (Enacted by Stats. 1976, Ch. 1010.)
  59. 48933.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Student body organization funds must be deposited or invested only with school district governing board approval, and may be spent only under an approved procedure with three approvals obtained each time.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 48933. (a) The funds of any student body organization established in the public schools of any school district shall, subject to approval of the governing board of the school district, be deposited or invested in one or more of the following ways: (1) Deposits in a bank or banks, or other institution, whose accounts are federally insured. (2) Investment certificates or withdrawable shares in state-chartered savings and loan associations and savings accounts of federal savings and loan associations, provided those associations are doing business in this state and have their accounts insured by the Federal Savings and Loan Insurance Corporation. (3) Purchase of repurchase agreements issued by savings and loan associations or banks. (4) Purchase of bonds, notes, bills, certificates, debentures, or any other obligations issued by the United States of America. (5) Shares or certificates for funds received or any form of evidence of interest or indebtedness issued by any credit union in this state, organized under the provisions of Division 5 (commencing with Section 14000) of the Financial Code or the statutes of the United States relating to credit unions insured by the administrator of the National Credit Union Administration or a comparable agency as provided by a state government. (b) The funds shall be expended subject to such procedure as may be established by the student body organization subject to the approval of each of the following three persons, which shall be obtained each time before any of the funds may be expended: an employee or official of the school district designated by the governing board, the certificated employee who is the designated adviser of the particular student body organization, and a representative of the particular student body organization. (Amended by Stats. 1992, Ch. 115, Sec. 3. Effective January 1, 1993.)
  60. 48934.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Student body organization funds may be used for noninstructional activities or to supplement or enrich district programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 48934. The funds of a student body organization established in the public schools for kindergarten and grades 1 to 6, inclusive, of any school district maintaining kindergarten and grades 1 to 6, inclusive, may be used to finance activities for noninstructional periods or to augment or to enrich the programs provided by the district. (Enacted by Stats. 1976, Ch. 1010.)
  61. 48936.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Student body organization funds may be loaned or invested in specified ways, including certain loans and investments in school district property, subject to conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 48936. In addition to deposit or investment pursuant to Section 48933, the funds of a student body organization may be loaned or invested in any of the following ways: (a) Loans, with or without interest, to any student body organization established in another school of the district for a period not to exceed three years. (b) Invest money in permanent improvements to any school district property including, but not limited to, buildings, automobile parking facilities, gymnasiums, swimming pools, stadia and playing fields, where such facilities, or portions thereof, are used for conducting student extracurricular activities or student spectator sports, or when such improvements are for the benefit of the student body. Such investment shall be made on condition that the principal amount of the investment plus a reasonable amount of interest thereon shall be returned to the student body organization as provided herein. Any school district approving such an investment shall establish a special fund in which moneys derived from the rental of school district property to student body organizations shall be deposited. Moneys shall be returned to the student body organization as contemplated by this section exclusively from such special fund and only to the extent that there are moneys in such special fund. Whenever there are no outstanding obligations against the special fund, all moneys therein may be transferred to the general fund of the school district by action of the local governing board. Two or more student body organizations of the same school district may join together in making such investments in the same manner as is authorized herein for a single student body. Nothing herein shall be construed so as to limit the discretion of the local governing board in charging rental for use of school district property by student body organizations as provided in Section 48930. (Enacted by Stats. 1976, Ch. 1010.)
  62. 48937.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board must supervise funds raised by student bodies or student organizations using the school’s name, and it may arrange a continuing audit of student body funds.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 48937. The governing board of any school district shall provide for the supervision of all funds raised by any student body or student organization using the name of the school. The cost of supervision may constitute a proper charge against the funds of the district. The governing board of a school district may also provide for a continuing audit of student body funds with school district personnel. (Enacted by Stats. 1976, Ch. 1010.)
  63. 48938.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    In certain schools, the governing board may appoint an employee or official to handle student body funds, and those funds must be deposited in approved financial institutions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Student Organizations [48930 - 48938] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 48938. In schools or classes for adults, regional occupational centers or programs, or in elementary, continuation, or special education schools in which the student body is not organized, the governing board may appoint an employee or official to act as trustee for student body funds and to receive these funds in accordance with procedures established by the board. These funds shall be deposited in a bank, a savings and loan association, a credit union, or any combination of these financial institutions, approved by the board and shall be expended subject to the approval of the appointed employee or official and also subject to the procedure that may be established by the board. (Amended by Stats. 2001, Ch. 430, Sec. 5. Effective January 1, 2002.)
  64. 48950.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Speech and Other Communication [48950- 48950.] ( Article 3 added by Stats. 1992, Ch. 1363, Sec. 1. )

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    Schools covered by this section may not discipline high school pupils solely for protected speech or communication outside campus.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Speech and Other Communication [48950- 48950.] ( Article 3 added by Stats. 1992, Ch. 1363, Sec. 1. ) ## 48950. (a) A school district operating one or more high schools, a charter school, or a private secondary school shall not make or enforce a rule subjecting a high school pupil to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside of the campus, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution. (b) A pupil who is enrolled in a school at the time that the school has made or enforced a rule in violation of subdivision (a) may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Upon motion, a court may award attorney’s fees to a prevailing plaintiff in a civil action pursuant to this section. (c) This section does not apply to a private secondary school that is controlled by a religious organization, to the extent that the application of this section would not be consistent with the religious tenets of the organization. (d) This section does not prohibit the imposition of discipline for harassment, threats, or intimidation, unless constitutionally protected. (e) This section does not supersede, or otherwise limit or modify, the provisions of Section 48907. (f) The Legislature finds and declares that free speech rights are subject to reasonable time, place, and manner regulations. (g) An employee shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a pupil engaged in conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or Section 2 of Article I of the California Constitution. (Amended by Stats. 2010, Ch. 142, Sec. 3. (SB 438) Effective January 1, 2011.)
  65. 48980.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    School districts must notify parents or guardians about specified pupil rights, attendance options, and related information at the start of the term, and must send later notice for newly scheduled minimum or pupil-free days.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 48980. (a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of a minor pupil regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 46015, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and 51938 and Chapter 2.3 (commencing with Section 32255) of Part 19 of Division 1 of Title 1. (b) The notification also shall advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9 (commencing with Section 49510) of Chapter 9. (c) The notification also shall advise the parents and guardians of all pupils attending a school within the school district of the schedule of minimum days and pupil-free staff development days, and if minimum or pupil-free staff development days are scheduled thereafter, the governing board of the school district shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day. (d) The notification also may advise the parent or guardian of the importance of investing for future college or university education for their children and of considering appropriate investment options, including, but not limited to, United States savings bonds. (e) Each school district that elects to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390) of Chapter 3 of Part 19 of Division 1 of Title 1 shall inform parents or guardians of the program as specified in Section 32390. (f) The notification also shall include a copy of the written policy of the school district on sexual harassment established pursuant to Section 231.5, as it relates to pupils. (g) The notification shall advise the parent or guardian of all existing statutory attendance options and local attendance options available in the school district. This notification component shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. This notification component also shall include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the school district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. The notification component also shall include an explanation of the existing statutory attendance options, including, but not limited to, those available under Section 35160.5, Chapter 5 (commencing with Section 46600) of Part 26, and subdivision (b) of Section 48204. The department shall produce this portion of the notification and shall distribute it to all school districts. (h) It is the intent of the Legislature that the governing board of each school district annually review the enrollment options available to the pupils within its school district and that the school districts strive to make available enrollment options that meet the diverse needs, potential, and interests of the pupils of California. (i) The notification shall advise the parent or guardian that a pupil shall not have a grade reduced or lose academic credit for any absence or absences excused pursuant to Section 48205 if missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time, and shall include the full text of Section 48205. (j) The notification shall advise the parent or guardian of the availability of state funds to cover the costs of advanced placement examination fees pursuant to Section 52242. (k) The notification to the parent or guardian of a minor pupil enrolled in any of grades 9 to 12, inclusive, also shall include the information required pursuant to Section 51229. (l) If a school district elects to allow a career technical education course to satisfy the requirement imposed by subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, the school district shall include, in the notification required pursuant to this section, both of the following: (1) Information about the high school graduation requirements of the school district and how each requirement satisfies or does not satisfy the subject matter requirements for admission to the California State University and the University of California. (2) A complete list of career technical education courses offered by the school district that satisfy the subject matter requirements for admission to the California State University and the University of California, and which of the specific college admission requirements these courses satisfy. (m) A school district that elects to adopt a policy regarding the transfer of pupils pursuant to Article 1.5 (commencing with Section 48929) shall inform parents or guardians of the policy in the notification required pursuant to this section. (n) The notification to the parents or guardians of pupils admitted to, or advancing to, grades 11 and 12 shall include the information required pursuant to Section 48980.5. (o) The notification also shall advise the parent or guardian of the protections, requirements, and responsibilities prescribed in Assembly Bill 715 of the 2025–26 Regular Session. (Amended by Stats. 2025, Ch. 428, Sec. 6. (AB 715) Effective January 1, 2026.)
  66. 48980.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A Section 48980 notification must include information about pesticide products as specified in Section 17612(a).

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 48980.3. The notification required pursuant to Section 48980 shall include information regarding pesticide products as specified in subdivision (a) of Section 17612. (Added by Stats. 2000, Ch. 718, Sec. 2. Effective January 1, 2001.)
  67. 48980.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Schools must include specified HPV immunization information in the Section 48980 notification for pupils entering or advancing to grade 6, with different wording before and after July 1, 2026.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 48980.4. (a) (1) Until June 30, 2026, the notification required pursuant to Section 48980 for pupils admitted to, or advancing to, grade 6 shall include a notification to the pupil’s parent or guardian containing a statement about the state’s public policy described in subdivision (a) of Section 120336 of the Health and Safety Code, advising that the pupil adhere to current immunization guidelines, as recommended by the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention as of January 1, 2025, the American Academy of Pediatrics, and the American Academy of Family Physicians, regarding full human papillomavirus (HPV) immunization before admission or advancement to the grade 8. (2) Beginning July 1, 2026, the notification required pursuant to Section 48980 for pupils admitted to, or advancing to, grade 6 shall include a notification to the pupil’s parent or guardian containing a statement about the state’s public policy described in subdivision (a) of Section 120336 of the Health and Safety Code, advising that the pupil adhere to current immunization guidelines, as recommended by the State Department of Public Health, in accordance with Section 120164 of the Health and Safety Code, regarding full human papillomavirus (HPV) immunization before admission or advancement to the grade 8. (b) The notification sent pursuant to subdivision (a) shall conform to the notification requirements outlined in this article. (c) The notification sent pursuant to subdivision (a) shall also include the statement specified in subdivision (c) of Section 120336 of the Health and Safety Code. (Amended by Stats. 2025, Ch. 105, Sec. 10. (AB 144) Effective September 17, 2025.)
  68. 48980.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    School districts must use the state apprenticeship sponsor database for certain parent/guardian notices, may use its contact information to gather materials, and must link to the database on their website if they have one.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 48980.5. (a) The notification required pursuant to Section 48980 for the parents or guardians of pupils admitted to, or advancing to, grades 11 and 12 shall include information on local apprenticeship programs and preapprenticeship programs as follows: (1) A school district shall use the database of registered program sponsors provided on the internet website of the Department of Industrial Relations’ Division of Apprenticeship Standards. (2) A school district may use contact information contained in the Division of Apprenticeship Standard’s database to obtain information or materials, including, but not limited to, pamphlets or brochures. (b) If a school district maintains an internet website, the school district shall make the Division of Apprenticeship Standards’ database accessible through a direct link on its internet website. (c) The notification sent pursuant to subdivision (a) shall conform to the notification requirements outlined in this article. (Added by Stats. 2024, Ch. 62, Sec. 2. (AB 2179) Effective January 1, 2025.)
  69. 48980.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Local educational agencies must notify parents or guardians of certain grades 7–12 pupils about dual enrollment or International Baccalaureate courses, and school districts must include that notice in the annual Section 48980 notification.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 48980.6. (a) (1) At the beginning of the first semester or quarter of the regular school term, a local educational agency shall notify the parents or guardians of pupils admitted to, or advancing to, grades 7 to 12, inclusive, of any dual enrollment or International Baccalaureate courses offered by the local educational agency. (2) School districts shall provide the notice as part of the annual notification required pursuant to Section 48980. (b) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2024, Ch. 143, Sec. 1. (AB 1796) Effective January 1, 2025.)
  70. 48981.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    The notice must be given when registration happens for the first semester or quarter. It can be sent by regular mail, electronically if a parent or guardian asks for electronic delivery, or by another written communication method normally used with parents or guardians.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 48981. The notice shall be provided at the time of registration for the first semester or quarter of the regular school term. The notice may be provided using any of the following methods: (a) By regular mail. (b) If a parent or guardian requests to receive the notice in electronic format, by providing access to the notice electronically. Notice provided in electronic format shall conform to the requirements of Section 48985. (c) By any other method normally used to communicate with the parents or guardians in writing. (Amended by Stats. 2012, Ch. 17, Sec. 1. (AB 2262) Effective January 1, 2013.)
  71. 48982.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A parent or guardian must sign the notice and return it to the school; if the notice is electronic, the parent or guardian must also submit a signed acknowledgment of receipt.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 48982. (a) The notice shall be signed by the parent or guardian and returned to the school. Signature of the notice is an acknowledgment by the parent or guardian that he or she has been informed of his or her rights but does not indicate that consent to participate in any particular program has either been given or withheld. (b) If the notice is provided in electronic format pursuant to subdivision (b) of Section 48981, the parent or guardian shall submit to the school a signed acknowledgment of receipt of the notice. (Amended by Stats. 2012, Ch. 17, Sec. 2. (AB 2262) Effective January 1, 2013.)
  72. 48983.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    If the school will undertake a Section 48980 activity in the forthcoming school term, the notice must say so and give the approximate date.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 48983. If any activity covered by the sections set forth in Section 48980 will be undertaken by the school during the forthcoming school term, the notice shall state that fact and shall also state the approximate date upon which any of such activities will occur. (Enacted by Stats. 1976, Ch. 1010.)
  73. 48984.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A school district may not do certain Section 48980-related actions for a particular pupil unless the parent or guardian has been informed or given separate special notification.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 48984. No school district shall undertake any activity covered by the sections set forth in Section 48980 with respect to any particular pupil unless the parent or guardian has been informed of such action pursuant to this article or has received separate special notification. (Enacted by Stats. 1976, Ch. 1010.)
  74. 48985.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    If a qualifying school has 15% or more pupils who speak the same primary language other than English, certain school communications must also be written in that language.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 48985. (a) If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the department pursuant to Section 52164 in the preceding year, all notices, reports, statements, or records sent to the parent or guardian of any such pupil by the public school or school district shall, in addition to being written in English, be written in the primary language, and may be responded to either in English or the primary language. (b) Pursuant to subdivision (e) of Section 64001, the department shall monitor adherence to the requirements of subdivision (a) as part of its regular monitoring and review of public schools and school districts and shall determine the types of documents and languages a public school or school district translates to a primary language other than English, the availability of these documents to parents or guardians who speak a primary language other than English, and the gaps in translations of these documents. (c) Based on census data submitted to the department pursuant to Section 52164 in the preceding fiscal year, the department shall notify a school district, by August 1 of each year, of the schools within the school district, and the primary language other than English, for which the translation of documents is required pursuant to subdivision (a). The department shall make that notification using electronic methods. (d) The department shall use existing resources to comply with subdivisions (b) and (c). (Amended by Stats. 2019, Ch. 51, Sec. 35. (SB 75) Effective July 1, 2019.)
  75. 48985.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Local educational agencies must tell parents or guardians about the dangers of nonprescribed synthetic drugs, counterfeit pills, and social media sales of such drugs, and must post the information on websites if they have one.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 48985.5. (a) A local educational agency shall inform the parents or guardians of each enrolled pupil about all of the following: (1) The dangers associated with using synthetic drugs that are not prescribed by a physician, such as fentanyl. (2) The possibility that dangerous synthetic drugs can be found in counterfeit pills. (3) The risk of social media platforms being used as a way to market and sell synthetic drugs, such as fentanyl. (b) (1) The information shall be annually provided to parents or guardians at the beginning of the first semester or quarter of the regular school term. (2) The information may be provided to parents or guardians pursuant to Section 48980. (c) If a local educational agency maintains an internet website, the local educational agency shall post the information on their internet website and shall ensure that each individual school within the local educational agency that maintains an individual internet website also posts the information on that school’s internet website. (d) As used in this section, a “local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2024, Ch. 241, Sec. 1. (AB 2690) Effective January 1, 2025.)
  76. 48986.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Local educational agencies must notify parents or guardians of each enrolled pupil about child access prevention and firearm storage laws, using prescribed notice methods and updated model language.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 48986. (a) (1) A local educational agency shall inform, through a notice in the manner prescribed in this section, the parents or guardians of each enrolled pupil of California’s child access prevention laws and laws relating to the safe storage of firearms, including, but not limited to, Division 4 (commencing with Section 25000) of Title 4 of Part 6 of the Penal Code. (2) The notice shall be provided annually at the beginning of the first semester or quarter of the regular school term. (3) The notice shall be informed by the most updated model language developed pursuant to subdivision (c). (b) (1) The notice described in subdivision (a) shall be made using any of the methods described in Section 48981 that apply and may be provided as a single notice for multiple pupils living in the same household. (2) A school district shall provide the notice as part of the annual notification required pursuant to Section 48980. (c) (1) On or before July 1, 2023, the department shall develop, in consultation with the Department of Justice, model language for the notice described in subdivision (a). (2) On or before July 1, 2024, and each July 1 thereafter, the department shall update as necessary for any change in the law, in consultation with the Department of Justice, the model language developed pursuant to paragraph (1). (3) The department shall share the model language developed and updated pursuant to paragraphs (1) and (2) in both of the following manners: (A) With all local educational agencies for the purposes described in subdivision (a). (B) Upon request, with any private school for distribution or potential distribution by the private school. (d) A local educational agency, a private school, and the department are immune from civil liability for any damages allegedly caused by, arising out of, or relating to the notice if the entity provided the notice using the model language provided to it by the department. (e) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a school district, county office of education, or charter school. (2) “Private school” means a person, firm, association, partnership, or corporation offering or conducting private school instruction in the state. (3) “Private school instruction” means instruction at the elementary or high school level for one or more pupils who are 6 to 18 years of age, inclusive. Private school instruction includes, but is not limited to, instruction by conventional or traditional private schools, private school satellite programs, private online or virtual schools, and certified nonpublic nonsectarian schools. (f) (1) If a local educational agency provides a notice required by Section 49392, the local educational agency shall be deemed to have complied with the requirements of subdivisions (a) and (b), as applicable. (2) If the department develops model language pursuant to Section 49391, the department shall be deemed to have complied with the requirements of subdivision (c). (3) This subdivision shall only become operative if Senate Bill 906 of the 2021–22 Regular Session is enacted and becomes effective on or before January 1, 2023, and adds Sections 49391 and 49392 to the Education Code. (Added by Stats. 2022, Ch. 199, Sec. 2. (AB 452) Effective January 1, 2023.)
  77. 48987.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Guidelines for Filing Complaint of Child Abuse [48987- 48987.] ( Article 4.5 added by Stats. 1994, Ch. 1172, Sec. 13. )

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    School district and county education boards must give the child-abuse complaint guidelines to parents or guardians on request, and must provide an interpreter for oral communications when the parent or guardian’s primary language is not English.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Guidelines for Filing Complaint of Child Abuse [48987- 48987.] ( Article 4.5 added by Stats. 1994, Ch. 1172, Sec. 13. ) ## 48987. The governing board of a school district or county office of education shall upon request disseminate the guidelines adopted by the State Department of Education pursuant to Section 33308.1 to parents or guardians of minor pupils in the primary language of the parent or guardian. The governing board of a school district or county office of education is encouraged to inform a parent or guardian, that desires to file a complaint against a school employee or other person that commits an act of child abuse as defined in Section 11165.6 of the Penal Code against a pupil at a schoolsite, of the procedures for filing the complaint with local child protective agencies pursuant to the Child Abuse and Neglect Reporting Act, established pursuant to Chapter 1444 of the Statutes of 1987. In the case of oral communications with the parent or guardian whose primary language is other than English, concerning that guideline or the procedures for filing child abuse complaints, the governing board shall provide an interpreter for that parent or guardian. (Added by Stats. 1994, Ch. 1172, Sec. 13. Effective January 1, 1995.)
  78. 49000.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Prohibition of Corporal Punishment [49000 - 49001] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    The section says children in public schools should be protected from corporal punishment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Prohibition of Corporal Punishment [49000 - 49001] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49000. The Legislature finds and declares that the protection against corporal punishment, which extends to other citizens in other walks of life, should include children while they are under the control of the public schools. Children of school age are at the most vulnerable and impressionable period of their lives and it is wholly reasonable that the safeguards to the integrity and sanctity of their bodies should be, at this tender age, at least equal to that afforded to other citizens. (Repealed and added by Stats. 1986, Ch. 1069, Sec. 2.)
  79. 49001.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Prohibition of Corporal Punishment [49000 - 49001] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    People employed by or engaged in a public school must not inflict corporal punishment on a pupil.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Prohibition of Corporal Punishment [49000 - 49001] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49001. (a) For the purposes of this section, “corporal punishment” means the willful infliction of, or willfully causing the infliction of, physical pain on a pupil. An amount of force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury to persons or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section. Physical pain or discomfort caused by athletic competition or other such recreational activity, voluntarily engaged in by the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section. (b) No person employed by or engaged in a public school shall inflict, or cause to be inflicted corporal punishment upon a pupil. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or authorizing the infliction of corporal punishment upon a pupil attending a public school is void and unenforceable. (c) For purposes of this section, “public school” includes a school operated by a school district or a county office of education, a charter school, a nonpublic, nonsectarian school, and a state special school for the blind or the deaf. (Amended by Stats. 2025, Ch. 579, Sec. 2. (SB 373) Effective January 1, 2026.)
  80. 49005.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. )

    Verify source ↗

    The section states that restraint and seclusion are dangerous and should be used only as a last-resort safety measure in emergencies, not as punishment, discipline, or staff convenience.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. ) ## 49005. The Legislature finds and declares all of the following: (a) While it is appropriate to intervene in an emergency to prevent a pupil from imminent risk of serious physical self-harm or harm of others, restraint and seclusion are dangerous interventions, with certain known practices posing a great risk to child health and safety. (b) United States Department of Education guidelines specify that the use of restraint and seclusion must be consistent with the child’s right to be treated with dignity and to be free from abuse. (c) Restraint and seclusion should only be used as a safety measure of last resort, and should never be used as punishment or discipline or for staff convenience. (d) Restraint and seclusion may cause serious injury or long lasting trauma and death, even when done safely and correctly. (e) There is no evidence that restraint or seclusion is effective in reducing the problem behaviors that frequently precipitate the use of those techniques. (f) Pupils with disabilities and pupils of color, especially African American boys, are disproportionately subject to restraint and seclusion. (g) Well-established California law already regulates restraint techniques in a number of settings, including general acute care hospitals, acute psychiatric hospitals, psychiatric health facilities, crisis stabilization units, community treatment facilities, group homes, skilled nursing facilities, intermediate care facilities, community care facilities, and mental health rehabilitation centers. These minimal protections should be provided to all pupils in schools. (h) It is the intent of the Legislature to ensure that schools foster learning in a safe and healthy environment and provide adequate safeguards to prevent harm, and even death, to children in school. (i) This article is intended to be read to be consistent with, and does not change any requirements, limitations, or protections in, existing law pertaining to pupils with exceptional needs. (j) It is the intent of the Legislature to prohibit dangerous practices. Restraint and seclusion, as described in this article, do not further a child’s education. At the same time, the Legislature recognizes that if an emergency situation arises, the ability of education personnel to act in that emergency to safeguard a pupil or others from imminent physical harm should not be restricted. (Amended by Stats. 2019, Ch. 497, Sec. 62. (AB 991) Effective January 1, 2020.)
  81. 49005.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. )

    Verify source ↗

    This section defines terms used in the article on restraint and seclusion in schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. ) ## 49005.1. The following definitions apply to this article: (a) “Behavioral restraint” means “mechanical restraint” or “physical restraint,” as defined in this section, used as an intervention when a pupil presents an immediate danger to self or to others. “Behavioral restraint” does not include postural restraints or devices used to improve a pupil’s mobility and independent functioning rather than to restrict movement. (b) “Educational provider” means a person who provides educational or related services, support, or other assistance to a pupil enrolled in an educational program provided by a local educational agency or a nonpublic school or agency. (c) “Local educational agency” means a school district, county office of education, charter school, the California Schools for the Deaf, and the California School for the Blind. (d) (1) “Mechanical restraint” means the use of a device or equipment to restrict a pupil’s freedom of movement. (2) (A) “Mechanical restraint” does not include the use of devices by peace officers or security personnel for detention or for public safety purposes. (B) “Mechanical restraint” does not include the use of devices by trained school personnel, or by a pupil, prescribed by an appropriate medical or related services professional, if the device is used for the specific and approved purpose for which the device or equipment was prescribed, which shall include, but not be limited to, all of the following: (i) Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports. (ii) Vehicle safety restraints when used as intended during the transport of a pupil in a moving vehicle. (iii) Restraints for medical immobilization. (iv) Orthopedically prescribed devices that permit a pupil to participate in activities without risk of harm. (e) “Nonpublic school or agency” means any nonpublic school or nonpublic agency, including both in-state and out-of-state nonpublic schools and nonpublic agencies. (f) (1) “Physical restraint” means a personal restriction that immobilizes or reduces the ability of a pupil to move the pupil’s torso, arms, legs, or head freely. “Physical restraint” does not include a physical escort, which means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a pupil who is acting out to walk to a safe location. (2) “Physical restraint” does not include the use of force by peace officers or security personnel for detention or for public safety purposes. (g) “Prone restraint” means the application of a behavioral restraint on a pupil in a facedown position for any period of time and includes the procedure known as prone containment. (h) “Pupil” means a pupil enrolled in preschool, kindergarten, or any of grades 1 to 12, inclusive, and receiving educational services from an educational provider. (i) “Seclusion” means the involuntary confinement of a pupil alone in a room or area from which the pupil is physically prevented from leaving. “Seclusion” does not include a timeout, which is a behavior management technique that is part of an approved program, that involves the monitored separation of the pupil in a nonlocked setting, and is implemented for the purpose of calming. (Amended by Stats. 2024, Ch. 857, Sec. 2. (SB 483) Effective January 1, 2025.)
  82. 49005.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. )

    Verify source ↗

    A pupil has the right to be free from seclusion and behavioral restraints used by staff for coercion, discipline, convenience, or retaliation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. ) ## 49005.2. A pupil has the right to be free from the use of seclusion and behavioral restraints of any form imposed as a means of coercion, discipline, convenience, or retaliation by staff. This right includes, but is not limited to, the right to be free from the use of a drug administered to the pupil in order to control the pupil’s behavior or to restrict the pupil’s freedom of movement, if that drug is not a standard treatment for the pupil’s medical or psychiatric condition. (Added by Stats. 2018, Ch. 998, Sec. 1. (AB 2657) Effective January 1, 2019.)
  83. 49005.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. )

    Verify source ↗

    An educational provider may use seclusion or behavioral restraint only when needed to control behavior that poses a clear and present danger of serious physical harm, and only if a less restrictive response cannot immediately prevent it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. ) ## 49005.4. An educational provider may use seclusion or a behavioral restraint only to control behavior that poses a clear and present danger of serious physical harm to the pupil or others that cannot be immediately prevented by a response that is less restrictive. (Added by Stats. 2018, Ch. 998, Sec. 1. (AB 2657) Effective January 1, 2019.)
  84. 49005.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. )

    Verify source ↗

    An educational provider must avoid using seclusion or behavioral restraint techniques whenever possible.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. ) ## 49005.6. An educational provider shall avoid, whenever possible, the use of seclusion or behavioral restraint techniques. (Added by Stats. 2018, Ch. 998, Sec. 1. (AB 2657) Effective January 1, 2019.)
  85. 49005.8.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. )

    Verify source ↗

    An educational provider must not use seclusion or restraint in several harmful ways, and must directly observe pupils in seclusion and use the least restrictive restraint practices.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. ) ## 49005.8. (a) An educational provider shall not do any of the following: (1) Use seclusion or a behavioral restraint for the purpose of coercion, discipline, convenience, or retaliation. (2) Use locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room. (3) Use a physical restraint technique that obstructs a pupil’s respiratory airway or impairs the pupil’s breathing or respiratory capacity, including techniques in which a staff member places pressure on a pupil’s back or places the staff member’s body weight against the pupil’s torso or back. (4) Use a behavioral restraint technique that restricts breathing, including, but not limited to, using a pillow, blanket, carpet, mat, or other item to cover a pupil’s face. (5) Use prone restraint. (6) Use a behavioral restraint for longer than is necessary to contain the behavior that poses a clear and present danger of serious physical harm to the pupil or others. (b) An educational provider shall keep constant, direct observation of a pupil who is in seclusion, which may be through observation of the pupil through a window, or another barrier, through which the educational provider is able to make direct eye contact with the pupil. The observation required pursuant to this subdivision shall not be through indirect means, including through a security camera or a closed-circuit television. (c) An educational provider shall afford to pupils who are restrained the least restrictive alternative and the maximum freedom of movement, and shall use the least number of restraint points, while ensuring the physical safety of the pupil and others. (Amended by Stats. 2024, Ch. 857, Sec. 3. (SB 483) Effective January 1, 2025.)
  86. 49006.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. )

    Verify source ↗

    Local educational agencies must collect and annually report restraint and seclusion data, and the department must post the reported data online.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. ) ## 49006. (a) A local educational agency that meets the definition of a “local educational agency” specified in Section 300.28 of Title 34 of the Code of Federal Regulations shall collect and, no later than three months after the end of a school year, report to the department annually on the use of behavioral restraints and seclusion for pupils enrolled in or served by the local educational agency for all or part of the prior school year. (b) The report required pursuant to subdivision (a) shall include all of the following information, disaggregated by race or ethnicity, and gender: (1) The number of pupils subjected to mechanical restraint, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. (2) The number of pupils subjected to physical restraint, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. (3) The number of pupils subjected to seclusion, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. (4) The number of times mechanical restraint was used on pupils, with separate counts for the number of times mechanical restraint was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. (5) The number of times physical restraint was used on pupils, with separate counts for the number of times physical restraint was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. (6) The number of times seclusion was used on pupils, with separate counts for the number of times seclusion was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. (c) Notwithstanding any other law, the data collected and reported pursuant to this section shall be available as a public record pursuant to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, and shall be posted annually on the internet website of the local educational agency. (d) No later than three months after the report is due to the department pursuant to subdivision (a), the department shall post the data from the report annually on its internet website. (Amended by Stats. 2023, Ch. 582, Sec. 1. (AB 1466) Effective January 1, 2024.)
  87. 49006.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. )

    Verify source ↗

    The article’s data collection and reporting requirements must comply with the U.S. Department of Education’s Civil Rights Data Collection requirements, and they are not to be treated as creating a new program or a higher level of service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. ) ## 49006.2. Notwithstanding Section 49006, the data collection and reporting requirements contained in this article shall be conducted in compliance with the requirements of the Civil Rights Data Collection of the United States Department of Education’s Office for Civil Rights imposed pursuant to Sections 100.6(b) and 104.61 of Title 34 of the Code of Federal Regulations, and shall not be construed to impose a new program or higher level of service on local educational agencies or nonpublic schools or agencies. (Added by Stats. 2018, Ch. 998, Sec. 1. (AB 2657) Effective January 1, 2019.)
  88. 49006.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. )

    Verify source ↗

    This section says the article applies to all pupils, including pupils with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] ( Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1. ) ## 49006.4. (a) This article applies with regard to all pupils, including individuals with exceptional needs. For an individual with exceptional needs, if a behavioral restraint or seclusion is used, the procedures for followup contained in subdivisions (e), (f), (g), and (h) of Section 56521.1 also apply. (b) For purposes of this section, “individual with exceptional needs” has the same meaning specified in Section 56026. (Amended by Stats. 2019, Ch. 497, Sec. 64. (AB 991) Effective January 1, 2020.)
  89. 49010.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.5. Pupil Fees [49010 - 49014] ( Article 5.5 added by Stats. 2012, Ch. 776, Sec. 1. )

    Verify source ↗

    This section defines “educational activity” and “pupil fee” for the article on pupil fees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.5. Pupil Fees [49010 - 49014] ( Article 5.5 added by Stats. 2012, Ch. 776, Sec. 1. ) ## 49010. For purposes of this article, the following terms have the following meanings: (a) “Educational activity” means an activity offered by a school, school district, charter school, or county office of education that constitutes an integral fundamental part of elementary and secondary education, including, but not limited to, curricular and extracurricular activities. (b) “Pupil fee” means a fee, deposit, or other charge imposed on pupils, or a pupil’s parents or guardians, in violation of Section 49011 and Section 5 of Article IX of the California Constitution, which require educational activities to be provided free of charge to all pupils without regard to their families’ ability or willingness to pay fees or request special waivers, as provided for in Hartzell v. Connell (1984) 35 Cal.3d 899. A pupil fee includes, but is not limited to, all of the following: (1) A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit. (2) A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, uniform, or other materials or equipment. (3) A purchase that a pupil is required to make to obtain materials, supplies, equipment, or uniforms associated with an educational activity. (Added by Stats. 2012, Ch. 776, Sec. 1. (AB 1575) Effective January 1, 2013.)
  90. 49011.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.5. Pupil Fees [49010 - 49014] ( Article 5.5 added by Stats. 2012, Ch. 776, Sec. 1. )

    Verify source ↗

    Public schools may not require pupils to pay fees for educational activities, and schools cannot use fee-related practices to create unequal educational access or punish families who do not pay.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.5. Pupil Fees [49010 - 49014] ( Article 5.5 added by Stats. 2012, Ch. 776, Sec. 1. ) ## 49011. (a) A pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity. (b) All of the following requirements apply to the prohibition identified in subdivision (a): (1) All supplies, materials, and equipment needed to participate in educational activities shall be provided to pupils free of charge. (2) A fee waiver policy shall not make a pupil fee permissible. (3) School districts and schools shall not establish a two-tier educational system by requiring a minimal educational standard and also offering a second, higher educational standard that pupils may only obtain through payment of a fee or purchase of additional supplies that the school district or school does not provide. (4) A school district or school shall not offer course credit or privileges related to educational activities in exchange for money or donations of goods or services from a pupil or a pupil’s parents or guardians, and a school district or school shall not remove course credit or privileges related to educational activities, or otherwise discriminate against a pupil, because the pupil or the pupil’s parents or guardians did not or will not provide money or donations of goods or services to the school district or school. (c) This article shall not be interpreted to prohibit solicitation of voluntary donations of funds or property, voluntary participation in fundraising activities, or school districts, schools, and other entities from providing pupils prizes or other recognition for voluntarily participating in fundraising activities. (d) This article applies to all public schools, including, but not limited to, charter schools and alternative schools. (e) This article is declarative of existing law and shall not be interpreted to prohibit the imposition of a fee, deposit, or other charge otherwise allowed by law. (Added by Stats. 2012, Ch. 776, Sec. 1. (AB 1575) Effective January 1, 2013.)
  91. 49012.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.5. Pupil Fees [49010 - 49014] ( Article 5.5 added by Stats. 2012, Ch. 776, Sec. 1. )

    Verify source ↗

    The department must develop and distribute guidance on pupil fees every three years starting with the 2014–15 fiscal year, and must post that guidance on its website.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.5. Pupil Fees [49010 - 49014] ( Article 5.5 added by Stats. 2012, Ch. 776, Sec. 1. ) ## 49012. (a) Commencing with the 2014–15 fiscal year, and every three years thereafter, the department shall develop and distribute guidance for county superintendents of schools, district superintendents, and charter school administrators regarding the imposition of pupil fees for participation in educational activities in public schools. The department shall post the guidance on the department’s Internet Web site. (b) The guidance developed pursuant to subdivision (a) shall not constitute a regulation subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2012, Ch. 776, Sec. 1. (AB 1575) Effective January 1, 2013.)
  92. 49013.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.5. Pupil Fees [49010 - 49014] ( Article 5.5 added by Stats. 2012, Ch. 776, Sec. 1. )

    Verify source ↗

    This section lets a complainant file a noncompliance complaint, allows anonymous filing with supporting evidence, provides an appeal to the department, requires a written appeal decision within 60 days, and requires public schools to adopt local implementation procedures and give remedies when complaints or appeals have merit.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.5. Pupil Fees [49010 - 49014] ( Article 5.5 added by Stats. 2012, Ch. 776, Sec. 1. ) ## 49013. (a) A complaint of noncompliance with the requirements of this article may be filed with the principal of a school under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (b) A complaint may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with the requirements of this article. (c) A complainant not satisfied with the decision of a public school may appeal the decision to the department and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal. (d) If a public school finds merit in a complaint, or the department finds merit in an appeal, the public school shall provide a remedy to all affected pupils, parents, and guardians that, where applicable, includes reasonable efforts by the public school to ensure full reimbursement to all affected pupils, parents, and guardians, subject to procedures established through regulations adopted by the state board. (e) Information regarding the requirements of this article shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. (f) Public schools shall establish local policies and procedures to implement the provisions of this section on or before March 1, 2013. (Added by Stats. 2012, Ch. 776, Sec. 1. (AB 1575) Effective January 1, 2013.)
  93. 49014.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.5. Pupil Fees [49010 - 49014] ( Article 5.5 added by Stats. 2012, Ch. 776, Sec. 1. )

    Verify source ↗

    Public schools and school districts generally cannot bill pupils or former pupils for certain debts, and they cannot take debt-based negative actions against them.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5.5. Pupil Fees [49010 - 49014] ( Article 5.5 added by Stats. 2012, Ch. 776, Sec. 1. ) ## 49014. (a) A pupil or former pupil, unless emancipated at the time the debt is incurred, shall not owe or be billed for a debt owed to a public school or school district. (b) A public school or school district shall not, because of a debt owed to the public school or school district, take negative action against a pupil or former pupil, including, but not limited to, all of the following: (1) Denying full credit for any assignments for a class. (2) Denying full and equal participation in classroom activity. (3) Denying access to on-campus educational facilities, including, but not limited to, the library. (4) Denying or withholding grades or transcripts. (5) Denying or withholding a diploma. (6) Limiting or barring participation in an extracurricular activity, club, or sport. (7) Limiting or excluding from participation in an educational activity, field trip, or school ceremony. (c) (1) A public school or school district shall provide an itemized invoice for any amount owed by the parent or guardian on behalf of a pupil or former pupil before pursuing payment of the debt and shall provide a receipt to the parent or guardian of a pupil or former pupil for each payment made to the public school or school district for any amount owed by the parent or guardian on behalf of the pupil or former pupil. (2) The invoice required in paragraph (1) shall include references to school policies relating to debt collection and the rights established in this section and Section 49557.5. (d) Except as provided in subdivision (g), a debt collector, as defined in Section 803 of the federal Fair Debt Collection Practices Act (15 U.S.C. Sec. 1692a), shall not report a debt owed by a parent or guardian to a credit reporting agency if the debt collector is contracted with a public school or school district for the purpose of pursuing the repayment of a debt owed by a parent or guardian of a pupil or former pupil. (e) A public school or school district shall not sell debt owed by a parent or guardian of a pupil or former pupil. (f) Any waiver by a parent, guardian, pupil, or former pupil of the provisions of this section is contrary to public policy and shall be unenforceable and void. (g) (1) This section shall not apply to debt owed as a result of vandalism or to cover the replacement cost of public school or school district books, supplies, or property loaned to a pupil that the pupil fails to return or that are willfully cut, defaced, or otherwise injured. A public school or school district may offer a pupil or former pupil, with the permission of the parent or guardian of the pupil or former pupil, alternative, nonmonetary forms of compensation to settle debt described in this paragraph. Alternatives that include service or work in exchange for repayment of a debt shall comply with all provisions of the Labor Code, including those sections relating to youth employment. (2) Paragraph (1) shall not apply if the pupil is a current or former homeless child or youth or a current or former foster youth. (h) For purposes of this section, the following terms have the following meanings: (1) “Foster youth” has the same meaning as in Section 42238.01. (2) “Homeless child or youth” has the same meaning as “homeless children and youths” in Section 11434a(2) of Title 42 of the United States Code. (3) “Public school” includes the state special schools, as described in subdivision (a) of Section 48927, charter schools, schools operated by a county office of education, and schools within a school district. (4) “School district” means a school district or county office of education. (Added by Stats. 2018, Ch. 577, Sec. 2. (AB 1974) Effective January 1, 2019.)
  94. 49020.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Athletic Programs [49020 - 49024] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    The Legislature states that public high schools should provide interschool athletic opportunities for male and female students on as equal a basis as practicable.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Athletic Programs [49020 - 49024] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 49020. It is the intent of the Legislature that opportunities for participation in interschool athletic programs in public high schools of the state be provided on as equal a basis as is practicable to male and female students. The costs of providing these equal opportunities may vary according to the type of sports contained within the respective male and female athletic programs. Additional sources of revenue should be determined to provide for these equal opportunity programs. (Enacted by Stats. 1976, Ch. 1010.)
  95. 49021.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Athletic Programs [49020 - 49024] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Legislature states that athletic opportunities should be provided equitably to all students, and that females should have the same opportunity to participate and compete as males in individual and team sports.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Athletic Programs [49020 - 49024] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 49021. It is the intent of the Legislature that opportunities for participation in athletics be provided on an equitable basis to all students. It is the further intent of the Legislature that females be given the same opportunity to participate in athletics and compete with other females in individual and team sports as is available to males who compete with other males in individual and team sports. (Enacted by Stats. 1976, Ch. 1010.)
  96. 49022.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Athletic Programs [49020 - 49024] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards should, as far as practicable, allocate athletics funding so all students receive equitable amounts, while allowing cost-based adjustments for different athletic programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Athletic Programs [49020 - 49024] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 49022. Insofar as practicable, in apportioning public funds school district governing boards shall apportion amounts available for athletics to ensure that equitable amounts will be allocated for all students, except that allowances may be made for differences in the costs of various athletic programs. (Enacted by Stats. 1976, Ch. 1010.)
  97. 49023.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Athletic Programs [49020 - 49024] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Public funds may not be used for school athletic programs that do not provide equitable participation facilities and opportunities for both sexes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Athletic Programs [49020 - 49024] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 49023. Notwithstanding any other provision of law, no public funds shall be used in connection with athletic programs conducted under the auspices of a school district governing board or any student organization within the district, which do not provide facilities and opportunities for participation by both sexes on an equitable basis. Facilities and opportunities for participation include, but are not limited to, equipment and supplies, scheduling of games and practice time, compensation for coaches, travel arrangements, per diem, locker rooms, and medical services. (Enacted by Stats. 1976, Ch. 1010.)
  98. 49024.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Athletic Programs [49020 - 49024] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Before working with pupils in a school district program, noncertificated candidates generally must get an Activity Supervisor Clearance Certificate. Some volunteer supervisors and nonteaching volunteer aides are exempt, and candidates may get a temporary certificate while their application is processed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Athletic Programs [49020 - 49024] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 49024. (a) Prior to assuming a paid or volunteer position to work with pupils in a pupil activity program sponsored by a school district, all noncertificated candidates shall obtain an Activity Supervisor Clearance Certificate from the Commission on Teacher Credentialing pursuant to subdivision (f) of Section 44258.7. (b) A pupil activity program sponsored by a school district includes, but is not limited to, scholastic programs, interscholastic programs, and extracurricular activities sponsored by a school district or school booster club, including, but not limited to, cheer team, drill team, dance team, and marching band. (c) Volunteer supervisors for breakfast, lunch, or other nutritional periods pursuant to Sections 44814 and 44815, and nonteaching volunteer aides, as defined in Section 35021, under the immediate supervision and direction of certificated personnel of the district, shall not be required to obtain an Activity Supervisor Clearance Certificate. For purposes of this section, a nonteaching volunteer aide includes a parent volunteering in a classroom or on a field trip or a community member providing noninstructional services. (d) Candidates may be issued a temporary certificate in accordance with Sections 44332 and 44332.5 while the application is being processed. (e) This section does not apply to a candidate who is required by the school district to clear a Department of Justice and Federal Bureau of Investigation criminal background check prior to beginning the paid or volunteer activities described in subdivision (a). (f) This section shall become operative on July 1, 2010. (Amended by Stats. 2010, Ch. 52, Sec. 2. (AB 346) Effective July 9, 2010. Note: Operative date in subd. (f) originated in a prior version of this section.)
  99. 49030.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] ( Article 6.5 added by Stats. 2005, Ch. 673, Sec. 2. )

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    Certain dietary supplements containing synephrine or substances listed in the anti-doping guide are prohibited for pupils in interscholastic high school sports, and state education/health agencies must share and post the guide and amendments.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] ( Article 6.5 added by Stats. 2005, Ch. 673, Sec. 2. ) ## 49030. (a) Sixty days after the posting of the United States Anti-Doping Agency Guide to Prohibited Substances and Prohibited Methods of Doping on the Internet Web site of the department pursuant to subdivision (b), dietary supplements, as defined by subsection (ff) of Section 321 of Title 21 of the United States Code, that include any of the following substances, are prohibited from being used by a pupil participating in interscholastic high school sports: (1) Synephrine. (2) A prohibited substance enumerated by the United States Anti-Doping Agency Guide to Prohibited Substances and Prohibited Methods of Doping. (b) The State Department of Health Services shall provide the State Department of Education with the United States Anti-Doping Agency Guide to Prohibited Substances and Prohibited Methods of Doping, on or before March 30, 2006. Upon receipt of the guide, the State Department of Education shall notify each school district that serves pupils in grades 9 to 12, inclusive, that the guide has been completed and shall post the guide on its Internet Web site. The State Department of Health Services shall annually notify the State Department of Education of any amendments to the guide for the following school year. For an amendment to be applicable for the ensuing school year, the State Department of Health Services shall notify the State Department of Education as to that amendment no later than the March 30 immediately preceding the school year to which the amendment is to be applicable. Upon receipt of this notice, the State Department of Education shall notify each school district that serves pupils in grades 9 to 12, inclusive, that the guide has been amended and shall post the amended guide on its Internet Web site. The amendment becomes effective 60 days after the department posts the amended guide on its Internet Web site. (Amended by Stats. 2006, Ch. 538, Sec. 113. Effective January 1, 2007.)
  100. 49031.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] ( Article 6.5 added by Stats. 2005, Ch. 673, Sec. 2. )

    Verify source ↗

    Schools may not accept certain sponsorships, and prohibited dietary supplements may not be marketed, sold, or distributed at schoolsites or school-related events.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] ( Article 6.5 added by Stats. 2005, Ch. 673, Sec. 2. ) ## 49031. (a) A school may not accept a sponsorship from a manufacturer of a dietary supplement described in subdivision (a) of Section 49030, or from the distributor of a dietary supplement described in subdivision (a) of Section 49030 whose name appears on the labeling of the dietary supplement. (b) A dietary supplement prohibited by Section 49030 may not be marketed on a schoolsite or at a school-related event. (c) A dietary supplement prohibited by Section 49030 may not be sold or distributed on a schoolsite or at a school-related event. (d) (1) For purposes of subdivision (b), “market” includes, but is not limited to, all of the following: (A) Direct product advertising. (B) Provision of educational materials. (C) Product promotion by a school district employee or school district volunteer. (D) Product placement. (E) Clothing or equipment giveaways. (F) Scholarships. (2) For purposes of subdivision (b), “market” does not include the inadvertent display of a product name or product advertising by a person who is not a manufacturer or distributor of a dietary supplement described in subdivision (a) of Section 49030. (e) Subdivision (a) does not apply to either of the following: (1) An affiliate of a manufacturer or distributor of a dietary supplement described in subdivision (a) of Section 49030 if the affiliate does not manufacture or distribute a dietary supplement described in subdivision (a). (2) A manufacturer or distributor of a dietary supplement described in subdivision (a) if no more than 50 percent of its annual gross sales are derived from the manufacture or distribution of dietary supplements as defined in subsection (ff) of Section 321 of Title 21 of the United States Code. (Added by Stats. 2005, Ch. 673, Sec. 2. Effective January 1, 2006.)
  101. 49032.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] ( Article 6.5 added by Stats. 2005, Ch. 673, Sec. 2. )

    Verify source ↗

    High school sports coaches must complete an approved coaching education program, and they pay the course costs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] ( Article 6.5 added by Stats. 2005, Ch. 673, Sec. 2. ) ## 49032. (a) (1) Effective December 31, 2008, each high school sports coach shall have completed a coaching education program developed by his or her school district or the California Interscholastic Federation that meets the guidelines set forth in Section 35179.1. (2) The coaching education program described by paragraph (1) may be taught by an athletic director or high school sports coach who is deemed to be qualified by the California Interscholastic Federation. (b) Upon completion of the program, a high school sports coach shall be deemed to have completed the education requirement for the remainder of his or her time coaching at the high school level in any school district in the state. (c) Each high school sports coach shall be responsible for the costs of taking the course. (d) The training requirements of this section shall count toward the continuing education required for the renewal of the teaching credential of a coach who is also a certificated employee. (e) Notwithstanding subdivision (a), a high school sports coach who does not meet the requirements of subdivision (a) may be used for no longer than one season of interscholastic competition. (f) For the purposes of this section, “high school sports coach” means an employee or a volunteer who is authorized by a high school to be responsible for leading a school sports team of pupil athletes. (Added by Stats. 2005, Ch. 673, Sec. 2. Effective January 1, 2006.)
  102. 49033.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] ( Article 6.5 added by Stats. 2005, Ch. 673, Sec. 2. )

    Verify source ↗

    The California Interscholastic Federation must require school districts to bar a pupil from interscholastic high school sports unless the pupil and the pupil’s parent/guardian sign the required anti-steroid pledge and notification form.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] ( Article 6.5 added by Stats. 2005, Ch. 673, Sec. 2. ) ## 49033. The California Interscholastic Federation shall amend its constitution and bylaws to require, as a condition of participation in interscholastic sports, that school districts effective July 1, 2006, upon the notification provided pursuant to subdivision (b) of Section 49030, shall prohibit a pupil from participating in interscholastic high school sports, unless that pupil signs a pledge not to use anabolic steroids, as defined in Section 802 of Title 21 of the United States Code, without a prescription from a licensed health care practitioner or a dietary supplement prohibited by Section 49030 and the parent and guardian of that pupil signs a notification form regarding those restrictions. (Added by Stats. 2005, Ch. 673, Sec. 2. Effective January 1, 2006.)
  103. 49034.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] ( Article 6.5 added by Stats. 2005, Ch. 673, Sec. 2. )

    Verify source ↗

    The State Treasurer may accept voluntary contributions for coaching-training costs and must deposit received contributions into the California Coaching Education Fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] ( Article 6.5 added by Stats. 2005, Ch. 673, Sec. 2. ) ## 49034. (a) The State Treasurer may accept voluntary contributions for the purpose of offsetting costs of training coaches pursuant to Sections 35179.2 and 35179.3. Contributions received by the State Treasurer shall be deposited in the California Coaching Education Fund, which is hereby created in the State Treasury. (b) Funds deposited in the California Coaching Education Fund are available upon appropriation by the Legislature and may only be expended for purposes of Sections 35179.2 and 35179.3, and for administration of the California Coaching Education Fund. (Added by Stats. 2005, Ch. 673, Sec. 2. Effective January 1, 2006.)
  104. 49040.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Registering to Vote [49040 - 49041] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    During the last two full weeks in April and September, certain authorized persons may register students and school personnel on high school campuses in designated, accessible areas.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Registering to Vote [49040 - 49041] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 49040. (a) The last two full weeks in April and the last two full weeks in September shall be known as “high school voter education weeks,” during which time persons authorized by the county elections official shall be allowed to register students and school personnel on any high school campus in areas designated by the administrator of the high school, or his or her designee, which are reasonably accessible to all students. (b) This section does not preclude a person from registering to vote students and school personnel on a high school campus as is otherwise permitted by the Elections Code. (Amended by Stats. 2014, Ch. 131, Sec. 1. (AB 1817) Effective January 1, 2015.)
  105. 49041.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Registering to Vote [49040 - 49041] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A high school administrator or designee may appoint pupil voter outreach coordinators, and those coordinators may run voter registration and other election-related activities on campus, with approval for the latter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Registering to Vote [49040 - 49041] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 49041. (a) The administrator of a high school, or his or her designee, may appoint one or more pupils who are enrolled at that high school to be voter outreach coordinators. (b) A voter outreach coordinator may coordinate voter registration activities on his or her high school campus that encourage persons who are eligible to register to vote pursuant to Section 2101 of the Elections Code, or other persons who may submit an affidavit of registration pursuant to Section 2102 of the Elections Code, to apply to register to vote by submitting an affidavit of registration on paper or electronically on the Internet Web site of the Secretary of State. (c) A voter outreach coordinator may, with the approval of the administrator of the high school, or his or her designee, coordinate election-related activities on his or her high school campus, including voter registration drives, mock elections, debates, and other election-related pupil outreach activities. (Added by Stats. 2014, Ch. 131, Sec. 2. (AB 1817) Effective January 1, 2015.)
  106. 49050.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Searches by School Employees [49050 - 49051] ( Article 8 added by Stats. 1988, Ch. 1102, Sec. 1. )

    Verify source ↗

    School employees must not conduct body cavity searches of pupils or remove/arrange a pupil’s clothing for a visual inspection of certain body areas.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Searches by School Employees [49050 - 49051] ( Article 8 added by Stats. 1988, Ch. 1102, Sec. 1. ) ## 49050. No school employee shall conduct a search that involves: (a) Conducting a body cavity search of a pupil manually or with an instrument. (b) Removing or arranging any or all of the clothing of a pupil to permit a visual inspection of the underclothing, breast, buttocks, or genitalia of the pupil. (Added by Stats. 1988, Ch. 1102, Sec. 1.)
  107. 49051.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Searches by School Employees [49050 - 49051] ( Article 8 added by Stats. 1988, Ch. 1102, Sec. 1. )

    Verify source ↗

    This section says the article does not change whether evidence is admissible in later juvenile or criminal proceedings.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Searches by School Employees [49050 - 49051] ( Article 8 added by Stats. 1988, Ch. 1102, Sec. 1. ) ## 49051. Nothing in this article shall be construed to affect the admissibility of evidence in subsequent juvenile or criminal proceedings. (Added by Stats. 1988, Ch. 1102, Sec. 1.)
  108. 49055.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Restorative Justice Practices [49055 - 49056] ( Article 9 added by Stats. 2022, Ch. 914, Sec. 1. )

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    The department must develop evidence-based restorative justice best practices for school campuses and publish them on its website by June 1, 2024.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Restorative Justice Practices [49055 - 49056] ( Article 9 added by Stats. 2022, Ch. 914, Sec. 1. ) ## 49055. (a) On or before June 1, 2024, the department shall develop evidence-based best practices for restorative justice practice implementation on a school campus and make these best practices available on the department’s internet website for use by local educational agencies to implement restorative justice practices as part of efforts to improve campus culture and climate. In developing best practices, the department shall consult with all of the following to identify best practices for effective, evidence-based restorative justice practices in elementary and secondary schools: (1) School-based restorative justice practitioners. (2) Educators from public schools serving kindergarten and grades 1 to 12, inclusive. (3) Pupils from public schools serving kindergarten and grades 1 to 12, inclusive. (4) Community partners or community members. (5) Nonprofit and public entities. (b) When developing best practices pursuant to subdivision (a), the department is encouraged to, to the extent feasible, take into account resources and best practices that have been identified or developed as part of aligned efforts, including, but not limited to, the Scaling Up MTSS Statewide (SUMS) Initiative, the California Community Schools Partnership Program, and resources developed by the department in support of social-emotional learning. (c) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2022, Ch. 914, Sec. 1. (AB 2598) Effective January 1, 2023.)
  109. 49056.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Restorative Justice Practices [49055 - 49056] ( Article 9 added by Stats. 2022, Ch. 914, Sec. 1. )

    Verify source ↗

    Public elementary schools must provide a minimum amount of recess, usually outdoors, and may deny recess only for an immediate safety threat.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Restorative Justice Practices [49055 - 49056] ( Article 9 added by Stats. 2022, Ch. 914, Sec. 1. ) ## 49056. (a) Commencing with the 2024–25 school year, all of the following shall apply to recess provided by a public elementary school: (1) (A) Recess shall be at least 30 minutes on regular instructional days and at least 15 minutes on early release days and may be provided in one or more periods. (B) The requirement pursuant to subparagraph (A) does not apply to days in which there is a field trip or other educational program. (2) Recess shall be held outdoors whenever the weather and air quality permits. If outdoor space is not sufficient, recess may be held indoors. (3) Recess shall comply with a pupil’s individualized education program or pupil’s plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). (4) (A) A public elementary school pupil shall not be denied recess by a member of the school’s staff unless the pupil’s participation poses an immediate threat to the physical safety of the pupil or to the physical safety of one or more of the pupil’s peers. (B) If a pupil’s recess period is denied pursuant to subparagraph (A), school staff members shall make all reasonable efforts to resolve such threats and minimize exclusion from recess to the greatest extent practicable. School staff members are encouraged to use other means of correction, such as those specified in subdivision (b) of Section 48900.5. (b) This section does not prohibit a public elementary school from providing pupils with a snack during recess. (c) For purposes of this section, the following definitions apply: (1) “Educational program” means the entire school-sponsored offering for pupils, including in-class and out-of-class activities. (2) (A) “Public elementary school” means a school that is operated by a school district or county office of education, or a charter school that maintains kindergarten or any of grades 1 to 6, inclusive. (B) For a school that also maintains a grade higher than grade 6, the provisions of this section apply only to recess provided to pupils in kindergarten and any of grades 1 to 6, inclusive. (C) Notwithstanding subparagraph (B), the provisions of this section do not apply to pupils in grade 6 of a school that maintains grade 6 as part of a middle school or that solely maintains some or all of grades 6 to 12, inclusive, if the grade 6 pupils receive physical education pursuant to the requirements of Section 51222. (3) “Recess” means a period of time during the schoolday, separate and distinct from physical education courses and meal times, but may follow or precede physical education courses or meal times, when pupils are given supervised and unstructured time for any of the following: (A) Physical activity. (B) Play. (C) Organized games. (D) Social engagement with peers. (Amended by Stats. 2024, Ch. 38, Sec. 54. (SB 153) Effective June 29, 2024.)
  110. 49060.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Legislative Intent [49060- 49060.] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section states the Legislature’s intent for pupil records law and says the chapter applies to certain public agencies serving pupils with disabilities, while excluding several other institutions and agencies.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Legislative Intent [49060- 49060.] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49060. (a) It is the intent of the Legislature to resolve potential conflicts between California law and the provisions of Public Law 93-380 regarding parental access to, and the confidentiality of, pupil records in order to ensure the continuance of federal education funds to public educational institutions within the state, and to revise generally and update the law relating to those records. (b) This chapter applies to public agencies that provide educationally related services to pupils with disabilities pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code and to public agencies that educate pupils with disabilities in state hospitals or developmental centers and in youth and adult facilities. (c) This chapter has no effect regarding public community colleges, other public or private institutions of higher education, other governmental or private agencies that receive federal education funds unless described herein, or, except for Sections 49068 and 40969.7 and paragraph (5) of subdivision (b) of Section 49076, private schools. (d) The provisions of this chapter prevail over the provisions of Section 12400 of this code and Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code to the extent that they may pertain to access to pupil records. (Amended by Stats. 2021, Ch. 615, Sec. 71. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  111. 49061.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Definitions [49061- 49061.] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines key terms for pupil records and says who may challenge, respond to, or consent to record release in certain parent and student situations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Definitions [49061- 49061.] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49061. As used in this chapter: (a) “Parent” means a natural parent, an adopted parent, or legal guardian. If the parents are divorced or legally separated, only a parent having legal custody of the pupil may challenge the content of a record pursuant to Section 49070, offer a written response to a record pursuant to Section 49072, or consent to release records to others pursuant to Section 49075. Either parent may grant consent if both parents have notified, in writing, the school or school district that an agreement has been made. If a pupil has attained the age of 18 years or is attending an institution of postsecondary education, the permission or consent required of, and the rights accorded to, the parents or guardian of the pupil shall thereafter only be required of, and accorded to, the pupil. (b) “Pupil record” means any item of information directly related to an identifiable pupil, other than directory information, that is maintained by a school district or required to be maintained by an employee in the performance of his or her duties whether recorded by handwriting, print, tapes, film, microfilm, or other means. “Pupil record” does not include informal notes related to a pupil compiled by a school officer or employee that remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute. For purposes of this subdivision, “substitute” means a person who performs the duties of the individual who made the notes on a temporary basis, and does not refer to a person who permanently succeeds the maker of the notes in his or her position. (c) “Directory information” means one or more of the following items: pupil’s name, address, telephone number, date of birth, email address, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public or private school attended by the pupil. (d) “School district” means any school district maintaining any kindergarten or any of grades 1 to 12, inclusive, any public school providing instruction in any kindergarten or any of grades 1 to 12, inclusive, the office of the county superintendent of schools, or any special school operated by the department. (e) “Access” means a personal inspection and review of a record or an accurate copy of a record, or receipt of an accurate copy of a record, an oral description or communication of a record or an accurate copy of a record, and a request to release a copy of any record. (f) “County placing agency” means the county social service department or county probation department. (Amended by Stats. 2012, Ch. 162, Sec. 34. (SB 1171) Effective January 1, 2013.)
  112. 49062.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts must manage pupil records under regulations adopted by the State Board of Education, and pupil records include a pupil’s health record.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49062. School districts shall establish, maintain, and destroy pupil records according to regulations adopted by the State Board of Education. Pupil records shall include a pupil’s health record. Such regulations shall establish state policy as to what items of information shall be placed into pupil records and what information is appropriate to be compiled by individual school officers or employees under the exception to pupil records provided in subdivision (b) of Section 49061. No pupil records shall be destroyed except pursuant to such regulations or as provided in subdivisions (b) and (c) of Section 49070. (Amended by Stats. 1980, Ch. 1347, Sec. 1.)
  113. 49062.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Schools must update a former pupil’s records when they receive proof of a legal name or gender change, and must reissue records if the former pupil asks.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49062.5. (a) If a school district, charter school, or county office of education receives government-issued documentation, as described in subdivision (b), demonstrating that a former pupil’s legal name or gender has been changed, the school district, charter school, or county office of education shall update the former pupil’s records to include the updated legal name or gender. If requested by the former pupil, the school district, charter school, or county office of education shall reissue any documents conferred upon the former pupil with the former pupil’s updated legal name or gender. Documents that may be reissued by the school district, charter school, or county office of education include, but are not limited to, a transcript, a high school diploma conferred pursuant to Section 51410, a high school equivalency certificate issued pursuant to Section 51420, or other similar documents conferred upon the former pupil. This section does not require the school district, charter school, or county office of education to modify records that the former pupil has not requested for modification or reissuance. (b) The documentation provided by a former pupil demonstrating legal name or gender change may include, but need not be limited to, any of the following: (1) State-issued driver’s license. (2) Birth certificate. (3) Passport. (4) Social security card. (5) Court order indicating a name change or a gender change, or both. (c) If a former pupil requests that the former pupil’s name or gender be changed and the requested records are reissued, the school district, charter school, or county office of education shall add a new document to the former pupil’s file that includes all of the following: (1) The date of the request. (2) The date the requested records were reissued to the former pupil. (3) A list of the records that were requested by, and reissued to, the former pupil. (4) The type of documentation provided by the former pupil in order to demonstrate the legal name or gender change. (5) The name of the school district, charter school, or county office of education staff person that completed the request. (6) The current and former name or gender of the former pupil. (d) The process to request a change to pupil records described in Section 49070 is separate from the process described in this section. Former pupils who are unable to provide the government-issued documentation described in subdivision (b) may request a name or gender change, or both, to the former pupil’s records through the process described in Section 49070. (Added by Stats. 2019, Ch. 179, Sec. 1. (AB 711) Effective January 1, 2020.)
  114. 49063.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    School districts must give parents written notice of their rights under this chapter when a pupil first enrolls, and again with the Section 48980 notice.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49063. School districts shall notify parents in writing of their rights under this chapter upon the date of the pupil’s initial enrollment, and thereafter at the same time as notice is issued pursuant to Section 48980. The notice shall be, insofar as is practicable, in the home language of the pupil. The notice shall take a form that reasonably notifies parents of the availability of the following specific information: (a) The types of pupil records and information contained therein that are directly related to pupils and maintained by the institution. (b) The position of the official responsible for the maintenance of each type of record. (c) The location of the log or record required to be maintained pursuant to Section 49064. (d) The criteria to be used by the school district in defining “school officials and employees” and in determining “legitimate educational interest” as used in Section 49064 and paragraph (1) of subdivision (a) of Section 49076. (e) The policies of the institution for reviewing and expunging those records. (f) The right of the parent to access pupil records. (g) The procedures for challenging the content of pupil records. (h) The cost, if any, that will be charged to the parent for reproducing copies of records. (i) The categories of information that the institution has designated as directory information pursuant to Section 49073. (j) Any other rights and requirements set forth in this chapter, and the right of the parent to file a complaint with the United States Department of Education concerning an alleged failure by the school district to comply with the provisions of Section 444 of the General Education Provisions Act (20 U.S.C. Sec. 1232g). (k) The availability of the prospectus prepared pursuant to Section 49091.14. (Amended by Stats. 2018, Ch. 507, Sec. 10. (SB 816) Effective January 1, 2019.)
  115. 49064.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A pupil-record log must list who requests or receives information and the legitimate reason, and it may be inspected only by specified people.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49064. A log or record shall be maintained for each pupil’s record which lists all persons, agencies, or organizations requesting or receiving information from the record and the legitimate interests therefor. Such listing need not include: (a) Parents or pupils to whom access is granted pursuant to Section 49069.7 or paragraph (6) of subdivision (a) of Section 49076; (b) Parties to whom directory information is released pursuant to Section 49073; (c) Parties to whom written consent has been executed by the parent pursuant to Section 49075; or (d) School officials or employees having a legitimate educational interest pursuant to paragraph (1) of subdivision (a) of Section 49076. The log or record shall be open to inspection only by a parent and the school official, or the official’s designee, responsible for the maintenance of pupil records, and to the Comptroller General of the United States, the Secretary of Health, Education, and Welfare, and administrative head of an education agency as defined in Public Law 93-380, and state educational authorities as a means of auditing the operation of the system. (Amended by Stats. 2019, Ch. 497, Sec. 66. (AB 991) Effective January 1, 2020.)
  116. 49065.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A school district may charge a reasonable fee for copies of pupil records, but the fee cannot exceed actual cost. No charge may be made for searching or retrieving pupil records, or for up to two transcripts or two verifications for former pupils.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49065. Any school district may make a reasonable charge in an amount not to exceed the actual cost of furnishing copies of any pupil record; provided, however, that no charge shall be made for furnishing (1) up to two transcripts of former pupils’ records or (2) up to two verifications of various records of former pupils. No charge may be made to search for or to retrieve any pupil record. (Amended by Stats. 1977, Ch. 36.)
  117. 49066.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Grades are generally final as determined by the course teacher, and school district officials cannot change a grade unless the teacher is given a practicable chance to explain and join the discussion. Physical education grades also cannot be hurt just because a pupil could not wear standardized apparel for reasons beyond the pupil’s control.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49066. (a) When grades are given for any course of instruction taught in a school district, the grade given to each pupil shall be the grade determined by the teacher of the course and the determination of the pupil’s grade by the teacher, in the absence of clerical or mechanical mistake, fraud, bad faith, or incompetency, shall be final. (b) The governing board of the school district and the superintendent of such district shall not order a pupil’s grade to be changed unless the teacher who determined such grade is, to the extent practicable, given an opportunity to state orally, in writing, or both, the reasons for which such grade was given and is, to the extent practicable, included in all discussions relating to the changing of such grade. (c) No grade of a pupil participating in a physical education class, however, may be adversely affected due to the fact that the pupil does not wear standardized physical education apparel where the failure to wear such apparel arises from circumstances beyond the control of the pupil. (Amended by Stats. 1980, Ch. 715, Sec. 1.)
  118. 49066.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Eligible families or adult pupils may ask the local educational agency to change certain 2020–21 high school course grades to Pass or No Pass, and the agency must grant the request.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49066.5. (a) (1) This section applies only to pupils enrolled in high school in the 2020–21 academic year. (2) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (b) The parent, guardian, or education rights holder of a pupil or, for a pupil 18 years of age or older, the pupil who was enrolled in high school and enrolled in a course during the 2020–21 school year may apply to the pupil’s local educational agency to have a letter grade earned for that course, as reflected on the pupil’s transcript, changed to a Pass or No Pass grade. (c) Notwithstanding any other law, a local educational agency shall grant a request described in subdivision (b). All of the following shall apply to the granting of the request: (1) Subject to the conditions in subdivision (b), the local educational agency shall not limit the number or type of courses eligible for the grade change. (2) The grade change shall not negatively affect the pupil’s grade point average. (3) Notwithstanding any other law, the grade change shall not result in the forfeiture of the pupil’s eligibility or entitlement to state or institutional student financial aid. (d) The California State University shall, and private postsecondary educational institutions and the University of California are encouraged to, do both of the following: (1) Accept for admission purposes, and without prejudice, a transcript with a Pass or No Pass grade instead of a letter grade for any coursework described in subdivision (b) for an applicant who had enrolled in a high school in the state during any school year from the 2020–21 school year to the 2023–24 school year, inclusive. (2) Within 15 calendar days of the operative date of the act that added this section, notify the department if the institution will comply with paragraph (1). (e) The department shall post on its internet website, and provide to local educational agencies, both of the following: (1) Within 15 calendar days of the operative date of the act that added this section, an application template for use by local educational agencies for the grade change described in subdivision (b). (2) Within 20 calendar days of the operative date of the act that added this section, a list of postsecondary educational institutions operating in the state that have indicated, pursuant to paragraph (2) of subdivision (d), that they will comply with paragraph (1) of subdivision (d). (f) Within 15 calendar days of the department posting the application template pursuant to paragraph (1) of subdivision (e), a local educational agency serving high school pupils shall post a notice on its internet website and provide written notice to its pupils and their parents or guardians of the grade change option described in subdivision (b). The notice shall include all of the following: (1) The application to request a grade change. (2) The list of postsecondary educational institutions described in paragraph (2) of subdivision (e). (3) A statement that some postsecondary educational institutions, including those in other states, may not accept a Pass or No Pass grade instead of a letter grade for admission purposes. (g) (1) Except as provided in paragraphs (2) and (3), an application described in subdivision (b) shall be submitted to the pupil’s local educational agency within 15 calendar days of the local educational agency, pursuant to subdivision (f), posting a notice on its internet website and providing written notice to its pupils and their parents or guardians. (2) Notwithstanding paragraph (1), an application that has been submitted under subdivision (b) to the pupil’s local educational agency after the deadline described in paragraph (1) shall be accepted by the local educational agency pursuant to subdivision (c) if the application is received by the pupil’s local educational agency on or before October 1, 2021. (3) Notwithstanding paragraphs (1) and (2), a local educational agency may accept an application submitted under subdivision (b) after October 1, 2021, for the 2020–21 school year. (h) A local educational agency shall change a transcript pursuant to subdivision (c) and shall notify the pupil and the pupil’s parent or guardian of the change within 15 calendar days of receiving the pupil’s application pursuant to subdivision (b). (Amended by Stats. 2021, Ch. 252, Sec. 22. (AB 167) Effective September 23, 2021.)
  119. 49067.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards must set regulations for pupil achievement reviews and parent notice when a pupil may fail, and they may allow failing grades for excessive unexcused absences.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49067. (a) The governing board of each school district shall prescribe regulations requiring the evaluation of each pupil’s achievement for each marking period and requiring a conference with, or a written report to, the parent of each pupil whenever it becomes evident to the teacher that the pupil is in danger of failing a course. The refusal of the parent to attend the conference, or to respond to the written report, shall not preclude failing the pupil at the end of the grading period. (b) The governing board of any school district may adopt regulations authorizing a teacher to assign a failing grade to any pupil whose absences from the teacher’s class that are not excused pursuant to Section 48205 equal or exceed a maximum number which shall be specified by the board. Regulations adopted pursuant to this subdivision shall include, but not be limited to, the following: (1) A reasonable opportunity for the pupil or the pupil’s parent or guardian to explain the absences. (2) A method for identification in the pupil’s record of the failing grades assigned to the pupil on the basis of excessive unexcused absences. (c) Notwithstanding the provisions of subdivision (a) of Section 49061, the provisions of this section shall apply to the parent or guardian of any pupil without regard to the age of the pupil. (Amended by Stats. 1998, Ch. 846, Sec. 20. Effective September 25, 1998.)
  120. 49068.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    When a pupil transfers schools, the former school must send the permanent record or a copy within 10 schooldays after the request is received.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49068. (a) The Legislature finds and declares that the academic record of a transferring pupil is essential to the pupil’s placement, academic success, and timely graduation. The Legislature further finds and declares that an accurate, updated pupil record enhances school safety, academic achievement, and pupil welfare when the record of a transferring pupil includes transcripts, immunization records, and, when applicable, suspension notices, expulsion records, and individualized education programs. (b) If a pupil transfers from one public school to another or to a private school, or transfers from a private school to a public school within the state, the pupil’s permanent record or a copy of it shall be transferred by the former public school or private school no later than 10 schooldays following the date the request is received from the public school or private school where the pupil intends to enroll. (c) As used in this section, “schoolday” means a day upon which the school is in session or nonholiday weekdays during the summer break. (d) A public school requesting a transfer of a record pursuant to this section shall notify the parent of his or her right to receive a copy of the record and a right to a hearing to challenge the content of the record. (e) The state board may adopt rules and regulations concerning the transfer of records. (f) Nothing in this section shall supersede any other state or federal law governing the transfer of pupil records for specific pupil populations, including, but not limited to, Sections 49069.5 and 56043. (Amended by Stats. 2012, Ch. 369, Sec. 1. (AB 1799) Effective January 1, 2013.)
  121. 49068.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    When a pupil enrolls or transfers into an elementary school, the principal is urged to check whether the child resembles a missing child listed in Department of Justice bulletins.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49068.5. Upon the initial enrollment of a pupil in a public or private elementary school, or whenever an elementary school pupil transfers from one school district to another, transfers to an elementary school within the same district, transfers from one private elementary school to another, transfers from a private elementary school to a public elementary school, or transfers from a public elementary school to a private elementary school, the principal of the school that the child enters or to which he or she transfers is urged to check to see if the child resembles a child listed as missing by the bulletins provided by the Department of Justice pursuant to Section 14204 of the Penal Code. (Amended by Stats. 2014, Ch. 437, Sec. 2. (SB 1066) Effective January 1, 2015.)
  122. 49068.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Law enforcement must notify the child’s school when a missing child investigation is involved, schools must mark the record, and schools must promptly alert law enforcement if someone requests the missing child’s record.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49068.6. (a) Any law enforcement agency responsible for the investigation of a missing child shall inform the school district, other local educational agency, or private school, in which the child is enrolled, that the child is missing. The notice shall be in writing, shall include a photograph of the child if a photograph is available, and shall be given within 10 days of the child’s disappearance. (b) Every school notified pursuant to this section shall place a notice that the child has been reported missing on the front of each missing child’s school record. For public schools this shall be in addition to the posting requirements set forth in Section 38139. (c) Local law enforcement agencies may establish a process for informing local schools about abducted children pursuant to this section. (d) If a school receives a record inquiry or request from any person or entity for a missing child about whom the school has been notified pursuant to this section, the school shall immediately notify the law enforcement authorities who informed the school of the missing child’s status. (Added by Stats. 1999, Ch. 832, first Sec. 2. Effective January 1, 2000.)
  123. 49069.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Certain foster care-related adults and programs may access specified pupil records, and caregivers must notify or route information to the educational rights holder or social worker in some situations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49069.3. (a) A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated extended family member, or a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, may access the current or most recent records of grades, transcripts, attendance, discipline, and online communication on platforms established by schools for pupils and parents, and any individualized education programs (IEP) that may have been developed pursuant to Chapter 4 (commencing with Section 56300) of Part 30 or any plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)) maintained by school districts, county offices of education, charter schools, nonpublic schools, as defined in Section 60010, or private schools of that pupil. A caregiver, pursuant to this section, may access the information specified in this section regardless of whether the caregiver has been appointed as the pupil’s educational rights holder pursuant to Section 319, 361, or 726 of the Welfare and Institutions Code. (b) A foster family agency, short-term residential treatment program, or caregiver may review and receive pupil records pursuant to subdivision (a) for purposes of monitoring the pupil’s educational progress, updating and maintaining the pupil’s education records as required by Section 16010 of the Welfare and Institutions Code, and ensuring the pupil has access to educational services, supports, and activities. These purposes include, but are not limited to, enrolling the pupil in school, assisting the pupil with homework, class assignments, and college and scholarship applications, and enrolling the pupil in extracurricular activities, tutoring, and other afterschool and summer enrichment programs. (c) (1) If direct communication between a caregiver and an educational rights holder is appropriate, a caregiver who is not the pupil’s educational rights holder shall notify the pupil’s educational rights holder of any educational needs of the pupil that require the educational rights holder’s consent or participation, including, but not limited to, school placement decisions, decisions on whether to invoke or waive school of origin rights, consent for special education assessments and individualized education programs, meetings or hearings regarding attendance or discipline, and decisions regarding graduation. In instances involving significant discipline or that potentially impact a pupil’s continued enrollment and progress in school, the caregiver shall also provide the same information to the pupil’s social worker as is provided to the educational rights holder. (2) If direct communication between a caregiver and an educational rights holder is inappropriate, the pupil’s social worker shall direct the caregiver to communicate the information specified in paragraph (1) with the pupil’s social worker or attorney instead of the educational rights holder. (3) Nothing in this subdivision affects the responsibilities of a placement agency with regard to the education of a pupil. (4) This subdivision shall not be construed to alter or increase a social worker’s or attorney’s decisionmaking rights and responsibilities regarding a pupil. (d) Nothing in this section affects the duties of a local educational agency related to informing and involving educational rights holders in educational decisions affecting the child. (Amended by Stats. 2017, Ch. 829, Sec. 2. (SB 233) Effective January 1, 2018.)
  124. 49069.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section requires foster care pupil transfer steps, record delivery, and related complaint handling by local educational agencies and county placing agencies.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49069.5. (a) The Legislature finds and declares all of the following: (1) The mobility of pupils in foster care often disrupts their educational experience. (2) Efficient transfer procedures and transfer of pupil records are critical factors in the swift placement of foster children in educational settings. (3) Pupils who have had contact with the juvenile justice system are often denied credit or partial credit earned during enrollment in juvenile court schools. Delays in school enrollment and loss of earned credit can result in improper class or school placement, denial of special education services, and school dropout. (b) The proper and timely transfer between schools of pupils in foster care is the responsibility of both the local educational agency, including the county office of education for pupils in foster care who are enrolled in juvenile court schools, and the county placing agency, which includes the county probation department. (c) As soon as the county placing agency or county office of education becomes aware of the need to transfer a pupil in foster care out of the pupil’s current school, the county placing agency or county office of education shall contact the appropriate person at the local educational agency of the pupil. The county placing agency shall notify the local educational agency of the date that the pupil will be leaving the school and request that the pupil be transferred out. (d) Upon receiving a transfer request from a county placing agency or notification of enrollment from the new local educational agency, the local educational agency receiving the transfer request or notification shall, within two business days, transfer the pupil out of school and deliver the educational information and records of the pupil to the next educational placement. (e) As part of the transfer process described under subdivisions (c) and (d), the local educational agency shall compile the complete educational record of the pupil, including a determination of days of enrollment or seat time, or both if applicable, an official transcript that meets the requirements of Section 51225.2, including full and partial credits earned, or any measure of full or partial coursework being satisfactorily completed, as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 51225.2, including a determination of the days of enrollment or seat time, current classes and grades, immunization and other records, and, if applicable, a copy of the pupil’s plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or individualized education program adopted pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (f) The local educational agency shall assign the duties listed in this section to a person who is competent to handle the transfer procedure and who is aware of the specific educational recordkeeping needs of homeless, foster, and other transient children who transfer between schools. (g) The local educational agency shall ensure that, if the pupil in foster care is absent from school due to a decision to change the placement of a pupil made by a court or placing agency, the grades and credits of the pupil will be calculated as of the date the pupil left school and no lowering of grades will occur as a result of the absence of the pupil under these circumstances. (h) The local educational agency shall ensure that, if the pupil in foster care is absent from school due to a verified court appearance or related court ordered activity, no lowering of the pupil’s grades will occur as a result of the absence of the pupil under these circumstances. (i) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. (3) If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. (4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. (j) For purposes of this section, the following definitions apply: (1) “County placing agency” means a county social services department or county probation department. (2) “Local educational agency” means a school district, a county office of education, a charter school participating as a member of a special education local plan area, or a special education local plan area. (3) “Pupil in foster care” has the same meaning as “foster child,” as that term is defined in subdivision (a) of Section 48853.5. (Amended by Stats. 2022, Ch. 918, Sec. 2. (SB 532) Effective January 1, 2023.)
  125. 49069.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Parents of currently enrolled or former pupils have a right to access their children’s pupil records, and school districts must set procedures to provide copies or inspections quickly.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. General Provisions [49062 - 49069.7] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49069.7. (a) Parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children that are maintained by school districts or private schools. The editing or withholding of any of those records, except as provided for in this chapter, is prohibited. (b) Each school district shall adopt procedures for the granting of requests by parents for copies of all pupil records pursuant to Section 49065, or to inspect and review records during regular school hours, provided that the requested access shall be granted no later than five business days following the date of the request. Procedures shall include the notification to the parent of the location of all official pupil records if not centrally located and the availability of qualified certificated personnel to interpret records if requested. (Added by renumbering Section 49069 by Stats. 2019, Ch. 497, Sec. 67. (AB 991) Effective January 1, 2020.)
  126. 49070.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Parents [49070 - 49072] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Parents or guardians may challenge pupil record content and request corrections or removals; the superintendent and, on appeal, the governing board must review and decide, with deadlines and confidentiality rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Parents [49070 - 49072] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49070. Following an inspection and review of a pupil’s records, the parent or guardian of a pupil or former pupil of a school district may challenge the content of any pupil record. (a) The parent or guardian of a pupil may file a written request with the superintendent of the school district to correct or remove any information recorded in the pupil’s written records that the parent or guardian alleges to be any of the following: (1) Inaccurate. (2) An unsubstantiated personal conclusion or inference. (3) A conclusion or inference outside of the observer’s area of competence. (4) Not based on the personal observation of a named person with the time and place of the observation noted. (5) Misleading. (6) In violation of the privacy or other rights of the pupil. (b) (1) Within 30 days of receipt of a request pursuant to subdivision (a), the superintendent or the superintendent’s designee shall meet with the parent or guardian and the certificated employee who recorded the information in question, if any, and if the employee is presently employed by the school district. The superintendent shall then sustain or deny the allegations. (2) If the superintendent sustains any or all of the allegations, the superintendent shall order the correction or the removal and destruction of the information. However, in accordance with Section 49066, the superintendent shall not order a pupil’s grade to be changed unless the teacher who determined the grade is, to the extent practicable, given an opportunity to state orally, in writing, or both, the reasons for which the grade was given and is, to the extent practicable, included in all discussions relating to the changing of the grade. (3) If the superintendent denies any or all of the allegations and refuses to order the correction or the removal of the information, the parent or guardian may, within 30 days of the refusal, appeal the decision in writing to the governing board of the school district. (c) (1) Within 30 days of receipt of an appeal pursuant to subdivision (b), the governing board shall, in closed session with the parent or guardian and the certificated employee who recorded the information in question, if any, and if the employee is presently employed by the school district, determine whether or not to sustain or deny the allegations. (2) If the governing board sustains any or all of the allegations, it shall order the superintendent to immediately correct or remove and destroy the information from the written records of the pupil, and inform the parent or guardian in writing. However, in accordance with Section 49066, the governing board shall not order a pupil’s grade to be changed unless the teacher who determined the grade is, to the extent practicable, given an opportunity to state orally, in writing, or both, the reasons for which the grade was given and is, to the extent practicable, included in all discussions relating to the changing of the grade. (3) The decision of the governing board shall be final. (4) Records of these administrative proceedings shall be maintained in a confidential manner and shall be destroyed one year after the decision of the governing board, unless the parent or guardian initiates legal proceedings relative to the disputed information within the prescribed period. (5) (A) If the superintendent or governing board of the school district sustains the parent’s or guardian’s request to change the name, gender, or both, of a pupil or former pupil, the school district shall add a new document to the pupil’s or former pupil’s record that includes all of the following information: (i) The date of the request. (ii) The date the requested records were corrected. (iii) A list of the records that the parent or guardian of the pupil or former pupil requested to be corrected. (iv) The type of documentation, if any, provided by the parent or guardian of the pupil or former pupil to demonstrate a legal change to the pupil’s or former pupil’s name, gender, or both. The parent or guardian of the pupil or former pupil is not required to provide documentation of a legal change to the pupil’s or former pupil’s name, gender, or both. (v) The name of the employee that completed the request. (vi) The corrected and former names, genders, or both, of the pupil or former pupil. (B) Notwithstanding paragraph (4), the document generated pursuant to subparagraph (A) regarding a parent’s or guardian’s request to change a pupil’s or former pupil’s name, gender, or both, shall be indefinitely maintained in a confidential manner. (d) If the final decision of the governing board is unfavorable to the parent or guardian, or if the parent or guardian accepts an unfavorable decision by the superintendent of the school district, the parent or guardian shall be informed and shall have the right to submit a written statement of the parent’s or guardian’s objections to the information. This statement shall become a part of the pupil’s school record until the information objected to is corrected or removed. (Amended by Stats. 2019, Ch. 179, Sec. 2. (AB 711) Effective January 1, 2020.)
  127. 49071.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Parents [49070 - 49072] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A district superintendent or governing board may convene a hearing panel, if the parent gives written consent, and the panel must hear the matter in closed session and keep the proceedings confidential except in official capacities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Parents [49070 - 49072] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49071. (a) To assist in making determinations pursuant to Section 49070, a district superintendent or governing board may convene a hearing panel composed of the following persons, provided that the parent has given written consent to release information from the relevant pupil’s records to the members of the panel so convened: (1) The principal of a public school other than the public school at which the record is on file. (2) A certificated employee appointed by the chairman of the certificated employee council of the district, or, if no such council exists, a certificated employee appointed by the parent. (3) A parent appointed by the superintendent or by the governing board of the district, depending upon who convenes the panel. (b) The persons appointed pursuant to paragraphs (2) and (3) of subdivision (a) shall, if possible, not be acquainted with the pupil, his parent or guardian, or the certificated employee who recorded the information, except when the parent or guardian appoints the person pursuant to paragraph (2). (c) The principal appointed to the hearing panel shall serve as its chairman. (d) The hearing panel shall, in closed session, hear the objections to the information of the parent and the testimony of the certificated employee who recorded the information in question, if any, and if such employee is presently employed by the school district. The hearing panel shall be provided with verbatim copies of the information which is the subject of the controversy. Written findings shall be made setting forth the facts and decisions of the panel, and such findings shall be forwarded to the superintendent or the governing board, depending upon who convened the panel. The proceedings of the hearing shall not be disclosed or discussed by panel members except in their official capacities. (Amended by Stats. 1979, Ch. 373.)
  128. 49072.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Parents [49070 - 49072] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    If a pupil record includes disciplinary-action information, the school district must let the pupil’s parent add a written statement or response to that record.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Rights of Parents [49070 - 49072] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49072. Whenever there is included in any pupil record information concerning any disciplinary action taken by school district personnel in connection with the pupil, the school district maintaining such record or records shall allow the pupil’s parent to include in such pupil record a written statement or response concerning the disciplinary action. (Enacted by Stats. 1976, Ch. 1010.)
  129. 49073.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    School districts must set and publish rules for directory information, and several releases are restricted or forbidden.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49073. (a) School districts shall adopt a policy identifying those categories of directory information as defined in subdivision (c) of Section 49061 that may be released. The school district shall determine which individuals, officials, or organizations may receive directory information. However, no information may be released to a private profitmaking entity other than employers, prospective employers, and representatives of the news media, including, but not limited to, newspapers, magazines, and radio and television stations. The names and addresses of pupils enrolled in grade 12 or who have terminated enrollment before graduation may be provided to a private school or college operating under Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 or its authorized representative. However, no such private school or college shall use that information for other than purposes directly related to the academic or professional goals of the institution, and a violation of this provision is a misdemeanor, punishable by a fine of not to exceed two thousand five hundred dollars ($2,500). In addition, the privilege of the private school or college to receive the information shall be suspended for a period of two years from the time of discovery of the misuse of the information. Any school district may limit or deny the release of specific categories of directory information to any public or private nonprofit organization based upon a determination of the best interests of pupils. (b) Directory information may be released according to local policy as to any pupil or former pupil. However, notice shall be given at least on an annual basis of the categories of information that the school district plans to release and of the recipients. Directory information shall not be released regarding a pupil if a parent of that pupil has notified the school district that the information shall not be released. (c) (1) Directory information shall not be released regarding a pupil identified as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), unless a parent, or pupil accorded parental rights, as identified in the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), has provided written consent that directory information may be released. (2) (A) Notwithstanding paragraph (1), directory information of a pupil identified as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)) may be disclosed, as authorized by school district policy in accordance with subdivision (a), to facilitate an eye examination by a nonprofit eye examination provider authorized by Section 49455.5, or a free oral health assessment hosted by schools as authorized by Section 49452.8, unless the parent or pupil accorded parental rights, as identified in the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), has provided written notice to the school that they do not consent to the physical examination pursuant to Section 49451, subdivision (b) of, or subparagraph (C) of paragraph (2) of subdivision (d) of, Section 49452.8, or subdivision (f) of Section 49455. (B) Directory information disclosed pursuant to subparagraph (A) shall only be disclosed for the purpose of facilitating an eye examination by a nonprofit eye examination provider authorized by Section 49455.5, or a free oral health assessment hosted by schools as authorized by Section 49452.8. (Amended by Stats. 2025, Ch. 163, Sec. 1. (AB 677) Effective January 1, 2026.)
  130. 49073.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    A local educational agency may contract with a third party for pupil-record storage or digital educational software, but the contract must include privacy, security, deletion, notice, and FERPA-compliance terms.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49073.1. (a) A local educational agency may, pursuant to a policy adopted by its governing board or, in the case of a charter school, its governing body, enter into a contract with a third party for either or both of the following purposes: (1) To provide services, including cloud-based services, for the digital storage, management, and retrieval of pupil records. (2) To provide digital educational software that authorizes a third-party provider of digital educational software to access, store, and use pupil records in accordance with the contractual provisions listed in subdivision (b). (b) A local educational agency that enters into a contract with a third party for purposes of subdivision (a) shall ensure the contract contains all of the following: (1) A statement that pupil records continue to be the property of and under the control of the local educational agency. (2) Notwithstanding paragraph (1), a description of the means by which pupils may retain possession and control of their own pupil-generated content, if applicable, including options by which a pupil may transfer pupil-generated content to a personal account. (3) A prohibition against the third party using any information in the pupil record for any purpose other than those required or specifically permitted by the contract. (4) A description of the procedures by which a parent, legal guardian, or eligible pupil may review personally identifiable information in the pupil’s records and correct erroneous information. (5) A description of the actions the third party will take, including the designation and training of responsible individuals, to ensure the security and confidentiality of pupil records. Compliance with this requirement shall not, in itself, absolve the third party of liability in the event of an unauthorized disclosure of pupil records. (6) A description of the procedures for notifying the affected parent, legal guardian, or eligible pupil in the event of an unauthorized disclosure of the pupil’s records. (7) (A) A certification that a pupil’s records shall not be retained or available to the third party upon completion of the terms of the contract and a description of how that certification will be enforced. (B) The requirements provided in subparagraph (A) shall not apply to pupil-generated content if the pupil chooses to establish or maintain an account with the third party for the purpose of storing that content pursuant to paragraph (2). (8) A description of how the local educational agency and the third party will jointly ensure compliance with the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). (9) A prohibition against the third party using personally identifiable information in pupil records to engage in targeted advertising. (c) In addition to any other penalties, a contract that fails to comply with the requirements of this section shall be rendered void if, upon notice and a reasonable opportunity to cure, the noncompliant party fails to come into compliance and cure any defect. Written notice of noncompliance may be provided by any party to the contract. All parties subject to a contract voided under this subdivision shall return all pupil records in their possession to the local educational agency. (d) For purposes of this section, the following terms have the following meanings: (1) “Deidentified information” means information that cannot be used to identify an individual pupil. (2) “Eligible pupil” means a pupil who has reached 18 years of age. (3) “Local educational agency” includes school districts, county offices of education, and charter schools. (4) “Pupil-generated content” means materials created by a pupil, including, but not limited to, essays, research reports, portfolios, creative writing, music or other audio files, photographs, and account information that enables ongoing ownership of pupil content. “Pupil-generated content” does not include pupil responses to a standardized assessment where pupil possession and control would jeopardize the validity and reliability of that assessment. (5) (A) “Pupil records” means both of the following: (i) Any information directly related to a pupil that is maintained by the local educational agency. (ii) Any information acquired directly from the pupil through the use of instructional software or applications assigned to the pupil by a teacher or other local educational agency employee. (B) “Pupil records” does not mean any of the following: (i) Deidentified information, including aggregated deidentified information, used by the third party to improve educational products, for adaptive learning purposes, and for customizing pupil learning. (ii) Deidentified information, including aggregated deidentified information, used to demonstrate the effectiveness of the operator’s products in the marketing of those products. (iii) Deidentified information, including aggregated deidentified information, used for the development and improvement of educational sites, services, or applications. (6) “Third party” refers to a provider of digital educational software or services, including cloud-based services, for the digital storage, management, and retrieval of pupil records. (e) If the provisions of this section are in conflict with the terms of a contract in effect before January 1, 2015, the provisions of this section shall not apply to the local educational agency or the third party subject to that agreement until the expiration, amendment, or renewal of the agreement. (f) Nothing in this section shall be construed to impose liability on a third party for content provided by any other third party. (Amended by Stats. 2015, Ch. 386, Sec. 20. (SB 436) Effective January 1, 2016.)
  131. 49073.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    A local educational agency generally may not put certain pupil or parent/guardian personal details in governing body meeting minutes when a qualifying written request has been made, unless judicial order or federal law requires it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49073.2. (a) Notwithstanding Section 49073, a local educational agency shall not include the directory information or the personal information of a pupil or of a parent or guardian of a pupil in the minutes of a meeting of its governing body, except as required by judicial order or federal law, if a pupil who is 18 years of age or older or a parent or guardian of a pupil has provided a written request to the secretary or clerk of the governing body to exclude his or her personal information or the name of his or her minor child from the minutes of a meeting of the governing body. (b) As used in this section: (1) “Directory information” has the same meaning as defined in subdivision (c) of Section 49061. (2) “Governing body” includes charter school governing bodies, county boards of education, and school district governing boards. (3) “Local educational agency” includes charter schools, county offices of education, and school districts. (4) “Personal information” includes a person’s address, telephone number, date of birth, and email address. (c) This section is not intended to affect the public’s right of access to information pursuant to any other law. (Added by Stats. 2018, Ch. 788, Sec. 1. (SB 1036) Effective January 1, 2019.)
  132. 49073.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    The Legislature states that school districts should not purposely exclude military services representatives from access to pupil directory information, and should minimize release of pupil telephone numbers unless parents give express consent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49073.5. (a) It is the intent of the Legislature that a school district, in adopting a policy pursuant to Section 49073 governing the release of pupil directory information, not purposefully exclude any military services representative from access to that information. (b) It is further the intent of the Legislature, in the interest of pupil confidentiality, that school districts minimize the release of pupil telephone numbers in the absence of express parental consent. The Legislature finds and declares that the nondisclosure of pupil telephone numbers will reduce the possibility of harassment of pupils and their families by organizations that receive pupil directory information. (Added by Stats. 1991, Ch. 299, Sec. 1.)
  133. 49073.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    Schools that use social-media information about enrolled pupils must notify families and allow public comment before adopting the program, limit the data collected, give pupils access and correction rights, and destroy the data on a set schedule.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49073.6. (a) For purposes of this section, the following terms have the following meanings: (1) “Educational purposes” means for purposes that aid in instruction in the classroom or at home, or in classroom administration. (2) (A) “Social media” means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. (B) “Social media” shall not include an electronic service or account used exclusively for educational purposes or primarily to facilitate creation of school-sponsored publications, such as a yearbook or pupil newspaper, under the direction or control of a school, teacher, or yearbook adviser. (b) Notwithstanding any other law or regulation, a school district, county office of education, or charter school that considers a program to gather or maintain in its records any information obtained from social media of any enrolled pupil shall notify pupils and their parents or guardians about the proposed program and provide an opportunity for public comment at a regularly scheduled public meeting of the governing board of the school district or county office of education, or governing body of the charter school, as applicable, before the adoption of the program. The notification required by this subdivision may be provided as part of the notification required pursuant to Section 48980. (c) Notwithstanding Section 49062, a school district, county office of education, or charter school that adopts a program pursuant to subdivision (b) shall do all of the following: (1) Gather or maintain only information that pertains directly to school safety or to pupil safety. (2) Provide a pupil with access to any information about the pupil gathered or maintained by the school district, county office of education, or charter school that was obtained from social media, and an opportunity to correct or delete such information. (3) (A) Destroy information gathered from social media and maintained in its records within one year after a pupil turns 18 years of age or within one year after the pupil is no longer enrolled in the school district, county office of education, or charter school, whichever occurs first. (B) Notify each parent or guardian of a pupil subject to the program that the pupil’s information is being gathered from social media and that any information subject to this section maintained in the school district’s, county office of education’s, or charter school’s records with regard to the pupil shall be destroyed in accordance with subparagraph (A). The notification required by this subparagraph may be provided as part of the notification required pursuant to Section 48980. The notification shall include, but is not limited to, all of the following: (i) An explanation of the process by which a pupil or a pupil’s parent or guardian may access the pupil’s records for examination of the information gathered or maintained pursuant to this section. (ii) An explanation of the process by which a pupil or a pupil’s parent or guardian may request the removal of information or make corrections to information gathered or maintained pursuant to this section. (C) If the school district, county office of education, or charter school contracts with a third party to gather information from social media on an enrolled pupil, require the contract to do all of the following: (i) Prohibit the third party from using the information for purposes other than to satisfy the terms of the contract. (ii) Prohibit the third party from selling or sharing the information with any person or entity other than the school district, county office of education, charter school, or the pupil or his or her parent or guardian. (iii) Require the third party to destroy the information immediately upon satisfying the terms of the contract. (iv) Require the third party, upon notice and a reasonable opportunity to act, to destroy information pertaining to a pupil when the pupil turns 18 years of age or is no longer enrolled in the school district, county office of education, or charter school, whichever occurs first. The school district, county office of education, or charter school shall provide notice to the third party when a pupil turns 18 years of age or is no longer enrolled in the school district, county office of education, or charter school. Notice provided pursuant to this clause shall not be used for any other purpose. (Added by Stats. 2014, Ch. 799, Sec. 1. (AB 1442) Effective January 1, 2015.)
  134. 49074.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    A school district may, at its discretion, provide non-identifying statistical data to certain public, nonprofit, or research-related recipients when doing so is in pupils’ best educational interests.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49074. Nothing in this chapter shall preclude a school district from providing, in its discretion, statistical data from which no pupil may be identified to any public agency or entity or private nonprofit college, university, or educational research and development organization when such actions would be in the best educational interests of pupils. (Enacted by Stats. 1976, Ch. 1010.)
  135. 49075.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    A school district may let someone access pupil records only if the parent has given written consent, and the recipient must be warned not to pass the information on without that consent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49075. (a) A school district may permit access to pupil records to any person for whom a parent of the pupil has executed written consent specifying the records to be released and identifying the party or class of parties to whom the records may be released. The recipient must be notified that the transmission of the information to others without the written consent of the parent is prohibited. The consent notice shall be permanently kept with the record file. (b) Notwithstanding subdivision (a), school lunch applications and information shared pursuant to Section 49557.2 shall be retained by any school district in the manner most useful to the administration of the school lunch program. (Amended by Stats. 2001, Ch. 894, Sec. 2. Effective January 1, 2002.)
  136. 49076.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    School districts generally may not let people access pupil records unless parents consent, a court orders it, or a listed exception applies.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49076. (a) A school district shall not permit access to pupil records to a person without written parental consent or under judicial order except as set forth in this section and as permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations. (1) Access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following: (A) School officials and employees of the school district, members of a school attendance review board appointed pursuant to Section 48321 who are authorized representatives of the school district, and any volunteer aide, 18 years of age or older, who has been investigated, selected, and trained by a school attendance review board for the purpose of providing followup services to pupils referred to the school attendance review board, provided that the person has a legitimate educational interest to inspect a record. (B) Officials and employees of other public schools or school systems, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided or where the pupil intends to or is directed to enroll, subject to the rights of parents as provided in Section 49068. (C) Authorized representatives of the Comptroller General of the United States, the United States Secretary of Education, and state and local educational authorities, or the United States Department of Education’s Office for Civil Rights, if the information is necessary to audit or evaluate a state or federally supported educational program, or in connection with the enforcement of, or compliance with, the federal legal requirements that relate to such a program. Records released pursuant to this subparagraph shall comply with the requirements of Section 99.35 of Title 34 of the Code of Federal Regulations. (D) Other state and local officials to the extent that information is specifically required to be reported pursuant to state law adopted before November 19, 1974. (E) Parents of a pupil 18 years of age or older who is a dependent as defined in Section 152 of Title 26 of the United States Code. (F) A pupil 16 years of age or older or having completed the 10th grade. (G) A district attorney who is participating in or conducting a truancy mediation program pursuant to Section 48263.5 of this code or Section 601.3 of the Welfare and Institutions Code, or participating in the presentation of evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code. (H) A district attorney’s office for consideration against a parent or guardian for failure to comply with the Compulsory Education Law (Chapter 2 (commencing with Section 48200)) or with Compulsory Continuation Education (Chapter 3 (commencing with Section 48400)). (I) (i) A probation officer, district attorney, or counsel of record for a minor for purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation. (ii) For purposes of this subparagraph, a probation officer, district attorney, and counsel of record for a minor shall be deemed to be local officials for purposes of Section 99.31(a)(5)(i) of Title 34 of the Code of Federal Regulations. (iii) Pupil records obtained pursuant to this subparagraph shall be subject to the evidentiary rules described in Section 701 of the Welfare and Institutions Code. (J) A judge or probation officer for the purpose of conducting a truancy mediation program for a pupil, or for purposes of presenting evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code. The judge or probation officer shall certify in writing to the school district that the information will be used only for truancy purposes. A school district releasing pupil information to a judge or probation officer pursuant to this subparagraph shall inform, or provide written notification to, the parent or guardian of the pupil within 24 hours of the release of the information. (K) A county placing agency when acting as an authorized representative of a state or local educational agency pursuant to subparagraph (C). School districts, county offices of education, and county placing agencies may develop cooperative agreements to facilitate confidential access to and exchange of the pupil information by email, facsimile, electronic format, or other secure means, if the agreement complies with the requirements set forth in Section 99.35 of Title 34 of the Code of Federal Regulations. (L) A pupil 14 years of age or older who meets both of the following criteria: (i) The pupil is a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). (ii) The pupil is an unaccompanied youth, as defined in paragraph (6) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)). (M) An individual who completes items 1 to 4, inclusive, of the Caregiver’s Authorization Affidavit, as provided in Section 6552 of the Family Code, and signs the affidavit for the purpose of enrolling a minor in school. (N) (i) An agency caseworker or other representative of a state or local child welfare agency, or tribal organization, as defined in Section 450b of Title 25 of the United States Code, that has legal responsibility, in accordance with state or tribal law, for the care and protection of the pupil. (ii) The agency or organization specified in clause (i) may disclose pupil records, or the personally identifiable information contained in those records, to an individual or entity engaged in addressing the pupil’s educational needs, if the individual or entity is authorized by the agency or organization to receive the disclosure and the information requested is directly related to the assistance provided by that individual or entity. The records, or the personally identifiable information contained in those records, shall not otherwise be disclosed by that agency or organization, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), state law, including paragraph (3), and tribal law. (O) A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated extended family member, or a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, pursuant to Section 49069.3 of this code. (2) School districts may release information from pupil records to the following: (A) Appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of a pupil or other persons. Schools or school districts releasing information pursuant to this subparagraph shall comply with the requirements set forth in Section 99.32(a)(5) of Title 34 of the Code of Federal Regulations. (B) Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid. However, information permitting the personal identification of a pupil or his or her parents may be disclosed only as may be necessary for purposes as to determine the eligibility of the pupil for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid. (C) Pursuant to Section 99.37 of Title 34 of the Code of Federal Regulations, a county elections official, for the purpose of identifying pupils eligible to register to vote, or for conducting programs to offer pupils an opportunity to register to vote. The information shall not be used for any other purpose or given or transferred to any other person or agency. (D) Accrediting associations in order to carry out their accrediting functions. (E) Organizations conducting studies for, or on behalf of, educational agencies or institutions for purposes of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the studies are conducted in a manner that will not permit the personal identification of pupils or their parents by persons other than representatives of the organizations, the information will be destroyed when no longer needed for the purpose for which it is obtained, and the organization enters into a written agreement with the educational agency or institution that complies with Section 99.31(a)(6) of Title 34 of the Code of Federal Regulations. (F) Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to the rights of parents as provided in Section 49068 and in compliance with the requirements in Section 99.34 of Title 34 of the Code of Federal Regulations. This information shall be in addition to the pupil’s permanent record transferred pursuant to Section 49068. (G) (i) A contractor or consultant with a legitimate educational interest who has a formal written agreement or contract with the school district regarding the provision of outsourced institutional services or functions by the contractor or consultant. (ii) Notwithstanding the authorization in Section 99.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations, a disclosure pursuant to this subparagraph shall not be permitted to a volunteer or other party. (3) A person, persons, agency, or organization permitted access to pupil records pursuant to this section shall not permit access to any information obtained from those records by another person, persons, agency, or organization, except for allowable exceptions contained within the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, including this section, and implementing regulations, without the written consent of the pupil’s parent. This paragraph shall not require prior parental consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency, or organization obtaining access, so long as those persons have a legitimate educational interest in the information pursuant to Section 99.31(a)(1) of Title 34 of the Code of Federal Regulations. (4) Notwithstanding any other law, a school district, including a county office of education or county superintendent of schools, may participate in an interagency data information system that permits access to a computerized database system within and between governmental agencies or school districts as to information or records that are nonprivileged, and where release is authorized as to the requesting agency under state or federal law or regulation, if each of the following requirements is met: (A) Each agency and school district shall develop security procedures or devices by which unauthorized personnel cannot access data contained in the system. (B) Each agency and school district shall develop procedures or devices to secure privileged or confidential data from unauthorized disclosure. (C) Each school district shall comply with the access log requirements of Section 49064. (D) The right of access granted shall not include the right to add, delete, or alter data without the written permission of the agency holding the data. (E) An agency or school district shall not make public or otherwise release information on an individual contained in the database if the information is protected from disclosure or release as to the requesting agency by state or federal law or regulation. (b) The officials and authorities to whom pupil records are disclosed pursuant to subdivision (e) of Section 48902 and subparagraph (I) of paragraph (1) of subdivision (a) shall certify in writing to the disclosing school district that the information shall not be disclosed to another party, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, without the prior written consent of the parent of the pupil or the person identified as the holder of the pupil’s educational rights. (c) (1) A person or party who is not permitted access to pupil records pursuant to subdivision (a) or (b) may request access to pupil records as provided for in paragraph (2). (2) A local educational agency or other person or party who has received pupil records, or information from pupil records, may release the records or information to a person or party identified in paragraph (1) without the consent of the pupil’s parent or guardian pursuant to Section 99.31(b) of Title 34 of the Code of Federal Regulations, if the records or information are deidentified, which requires the removal of all personally identifiable information, if the disclosing local educational agency or other person or party has made a reasonable determination that a pupil’s identity is not personally identifiable, whether through single or multiple releases, and has taken into account other pertinent reasonably available information. (Amended by Stats. 2017, Ch. 829, Sec. 3. (SB 233) Effective January 1, 2018.)
  137. 49076.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    A school district must release certain pupil identity and location information to a designated peace officer only when the request is supported by a proper police purpose and the officer or agency shows one of the listed legal bases.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49076.5. (a) Notwithstanding Section 49076, each school district shall release the information it has specific to a particular pupil’s identity and location that relates to the transfer of that pupil’s records to another school district within this state or any other state or to a private school in this state to a designated peace officer, upon his or her request, when a proper police purpose exists for the use of that information. As permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations, the designated peace officer or law enforcement agency shall show the school district that the peace officer or law enforcement agency has obtained prior written consent from one parent, or provide information indicating that there is an emergency in which the information is necessary to protect the health or safety of the pupil or other individuals, or that the peace officer or law enforcement agency has obtained a lawfully issued subpoena or a court order. (b) In order to protect the privacy interests of the pupil, a request to a school district for pupil record information pursuant to this section shall meet the following requirements: (1) For purposes of this section, “proper police purpose” means that probable cause exists that the pupil has been kidnapped and that his or her abductor may have enrolled the pupil in a school and that the agency has begun an active investigation. (2) Only designated peace officers and federal criminal investigators and federal law enforcement officers, as defined in Section 830.1 of the Penal Code, whose names have been submitted to the school district in writing by a law enforcement agency, may request and receive the information specified in subdivision (a). Each law enforcement agency shall ensure that each school district has at all times a current list of the names of designated peace officers authorized to request pupil record information. (3) This section does not authorize designated peace officers to obtain any pupil record information other than that authorized by this section. (4) The law enforcement agency requesting the information shall ensure that at no time shall information obtained pursuant to this section be disclosed or used for a purpose other than to assist in the investigation of suspected criminal conduct or kidnapping. A violation of this paragraph shall be punishable as a misdemeanor. (5) The designated peace officer requesting information authorized for release by this section shall make a record on a form created and maintained by the law enforcement agency that shall include the name of the pupil about whom the inquiry was made, the consent of a parent having legal custody of the pupil or a legal guardian, the name of the officer making the inquiry, the date of the inquiry, the name of the school district, the school district employee to whom the request was made, and the information that was requested. (6) Whenever the designated peace officer requesting information authorized for release by this section does so in person, by telephone, or by some means other than in writing, the officer shall provide the school district with a letter confirming the request for pupil record information before any release of information. (7) A school district, or officer or employee of the school district, shall not be subject to criminal or civil liability for the release of pupil record information in good faith as authorized by this section. (Amended by Stats. 2012, Ch. 388, Sec. 2. (AB 733) Effective January 1, 2013.)
  138. 49076.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    Schools generally must not collect or ask pupils, parents, or guardians for social security numbers or the last four digits, unless state or federal law requires it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49076.7. (a) The Legislature finds and declares both of the following: (1) Pupil data privacy is a priority because pupils are at risk for identity theft when providing their social security numbers. (2) A technical brief titled “Data Stewardship: Managing Personally Identifiable Information in Electronic Student Education Records” published by the United States Department of Education states that social security numbers are the single most misused piece of information by criminals perpetrating identity thefts. (b) A school district, county office of education, or charter school shall not collect or solicit social security numbers or the last four digits of social security numbers from pupils or their parents or guardians unless otherwise required to do so by state or federal law. (c) The department may additionally prohibit the collection and solicitation of other personally identifiable information, as recommended by the Superintendent and approved by the state board. (Added by Stats. 2016, Ch. 184, Sec. 1. (AB 2097) Effective January 1, 2017.)
  139. 49077.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    School districts must comply with court orders or lawfully issued subpoenas for pupil information, try to notify the pupil and parent/guardian beforehand, and try to keep pupil contact information confidential; recipients may use it only as authorized.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49077. (a) Information concerning a pupil shall be furnished in compliance with a court order or a lawfully issued subpoena. The school district shall make a reasonable effort to notify the pupil’s parent or legal guardian and the pupil in advance of compliance with a lawfully issued subpoena and, in the case of compliance with a court order, if lawfully possible within the requirements of the order. (b) Once a court order or lawfully issued subpoena is issued to obtain a pupil’s contact information, the school district shall make a reasonable effort to enter into an agreement with the entity that obtained the court order or subpoena requiring that the pupil contact information be maintained in a confidential manner. (c) Notwithstanding the content or existence of any agreement with a school district, a party that obtains pupil contact information pursuant to this section shall not use or disseminate that information for any purpose except as authorized by the court order or subpoena. (Amended by Stats. 2019, Ch. 497, Sec. 68. (AB 991) Effective January 1, 2020.)
  140. 49078.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    A public school employee may respond to a lawfully issued subpoena or court order for a pupil record by sending a copy of the record with an affidavit, instead of appearing лично as a witness.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49078. The service of a lawfully issued subpoena or a court order upon a public school employee solely for the purpose of causing him or her to produce a school record pertaining to any pupil may be complied with by that employee, in lieu of the personal appearance as a witness in the proceeding, by submitting to the court, or other agency, or person designated in the subpoena, at the time and place required by the subpoena or court order, a copy of that record, accompanied by an affidavit certifying that the copy is a true copy of the original record on file in the school or school office. The copy of the record shall be in the form of a photostat, microfilm, microcard, or miniature photograph or other photographic copy or reproduction, or an enlargement thereof. (Amended by Stats. 1996, Ch. 879, Sec. 3. Effective January 1, 1997.)
  141. 49079.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    School districts must tell teachers about certain pupils’ listed acts and provide the information from specified records; teachers must keep the information confidential and not share it further.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49079. (a) A school district shall inform the teacher of each pupil who has engaged in, or is reasonably suspected to have engaged in, any of the acts described in any of the subdivisions, except subdivision (h), of Section 48900 or in Section 48900.2, 48900.3, 48900.4, or 48900.7 that the pupil engaged in, or is reasonably suspected to have engaged in, those acts. The district shall provide the information to the teacher based upon any records that the district maintains in its ordinary course of business, or receives from a law enforcement agency, regarding a pupil described in this section. (b) A school district, or school district officer or employee, is not civilly or criminally liable for providing information under this section unless it is proven that the information was false and that the district or district officer or employee knew or should have known that the information was false, or the information was provided with a reckless disregard for its truth or falsity. (c) An officer or employee of a school district who knowingly fails to provide information about a pupil who has engaged in, or who is reasonably suspected to have engaged in, the acts referred to in subdivision (a) is guilty of a misdemeanor, which is punishable by confinement in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both. (d) For the 1994–95 school year, the information provided shall be from the previous two school years. For the 1996–97 school year and each school year thereafter, the information provided shall be from the previous three school years. (e) Any information received by a teacher pursuant to this section shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher. (Amended by Stats. 2000, Ch. 345, Sec. 2. Effective January 1, 2001.)
  142. 49079.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    The Legislature says statewide pupil data should be made accessible to authorized stakeholders and researchers, while complying with federal and state privacy laws.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49079.5. The Legislature recognizes that a longitudinal pupil data system provides direct and tangible benefits to pupils, educators, policymakers, and the public. The Legislature intends to make statewide longitudinal education data accessible to, and used to inform and engage, authorized stakeholders in an effort to support the continuous improvement of instruction, operations, management, and resource allocation, and in a manner that complies with all federal and state privacy laws. The Legislature intends to make statewide longitudinal education data available and accessible to researchers so they may evaluate the effectiveness of instructional materials, strategies, and approaches for educating different types of pupils in a manner that complies with federal and state privacy laws, including, but not limited to, the Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) (FERPA). It is the intent of the Legislature, in enacting this section, to accomplish all of the following: (a) Comply with the United States Constitution and all applicable federal laws, including FERPA and its implementing regulations (34 C.F.R. 99). (b) Comply with the California Constitution and all applicable state laws and their implementing regulations, including, but not limited to, Section 1798.24 of the Civil Code. (c) Further an environment in which the department and the California Longitudinal Pupil Achievement Data System (CALPADS) serve as resources for local educational agencies. (d) Promote a culture of continuous improvement through collaboration and informed decisionmaking at the classroom, school, district, state, and policymaker level. (e) Minimize the anticipated workload increase on the department that may be generated by an increased number of data requests as CALPADS becomes operational, by establishing clear guidance on data access and an efficient process for responding to requests for access. (f) Pursuant to FERPA and as defined in Section 1798.24 of the Civil Code, make pupil data available to qualified researchers from nonprofit organizations while appropriately protecting the privacy of individual pupils. (Added by Stats. 2010, 5th Ex. Sess., Ch. 1, Sec. 4. (SB 2 5x) Effective April 12, 2010.)
  143. 49079.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    The department must charge researchers reasonable fees or charges for access to individually identifiable data, and those fees must match the department’s actual costs. Fees generally cannot be charged to state agencies, except for certain research-data releases to the University of California, the California State University, or the Chancellor of the California Community Colleges.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49079.7. (a) Notwithstanding paragraph (3) of subdivision (c) of Section 49079.6, the department shall impose reasonable fees or charges upon researchers applying for access to individually identifiable data, in order to cover costs of responding to time-intensive request. (b) Fees or charges imposed upon an applicant pursuant to this section shall equal the actual costs incurred by the department in responding to the applicant’s request. (c) Fees or charges shall not be imposed pursuant to this section upon any state agency, except for fees or charges related to the release of data for research purposes to the University of California, the California State University, or the Chancellor of the California Community Colleges. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 6. (SB 1 5x) Effective April 12, 2010.)
  144. 49080.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. )

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    The Legislature states the mission of California School Information Services is to support local education agencies with pupil information systems, transcript exchange, and electronic reporting.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. ) ## 49080. The Legislature finds and declares that the mission of the California School Information Services is to do all of the following: (a) Build the capacity of local education agencies to implement and maintain comparable, effective, and efficient pupil information systems that will support their daily program needs, assist local education agencies in improving the outcomes of pupils, and promote the use of information for educational decisionmaking by schoolsite, district office, and county staff. (b) Enable the accurate and timely exchange of pupil transcripts between local education agencies and to postsecondary institutions. (c) Assist local education agencies to transmit state and federal reports electronically to the State Department of Education, thereby reducing the reporting burden of local education agency staff. (Added by Stats. 1999, Ch. 78, Sec. 36. Effective July 7, 1999.)
  145. 49080.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. )

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    This section defines three terms used in the chapter: CSIS, FCMAT, and Administrator.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. ) ## 49080.5. For the purposes of this chapter, the following definitions apply: (a) “CSIS” means the California School Information Services established pursuant to this article. (b) “FCMAT” means the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8. (c) “Administrator” means the administrator of the California School Information Services. (Added by Stats. 1999, Ch. 78, Sec. 36. Effective July 7, 1999.)
  146. 49081.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. )

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    The California School Information Services is established, it is administered by FCMAT, and FCMAT must hire a program administrator.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. ) ## 49081. The California School Information Services is hereby established. The CSIS shall be administered by the County Office Fiscal Crisis and Management Assistance Team. FCMAT shall hire a program administrator. (Added by Stats. 1999, Ch. 78, Sec. 36. Effective July 7, 1999.)
  147. 49082.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. )

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    The California School Information Services must consult with specified education staff, agencies, institutions, and parents.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. ) ## 49082.5. The California School Information Services shall consult with technical and support staff from local education agencies, special education local plan areas, and schoolsites, the State Department of Education, the University of California, the California State University, the California Community Colleges, and parents. (Added by Stats. 1999, Ch. 78, Sec. 36. Effective July 7, 1999.)
  148. 49083.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. )

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    The program administrator must submit a plan to the State Board of Education for an electronic statewide school information system.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. ) ## 49083. (a) The California School Information Services program administrator shall submit to the State Board of Education a plan to administer, coordinate, and manage the development and implementation of an electronic statewide school information system to address current problems of information exchange. The plan shall be updated with State Board of Education approval annually. (b) The plan shall prescribe the set of statewide data elements and codes to be implemented by the California School Information Services. The data elements and codes that are prescribed to be implemented shall comply with Sections 49061 to 49079, inclusive, and Sections 49602 and 56347, with Sections 430 to 438, inclusive, of Title 5 of the California Code of Regulations, with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and with the Family Education Rights and Privacy Act statute (20 U.S.C. Secs. 1232g and 1232h and related federal regulations. (c) The plan shall prescribe the statewide standards for security of the California School Information Services. Those standards shall include, but not be limited to, processes and procedures for handling both paper and electronic data, training for staff that handle the data, administrative management of the data system, and technical measures to secure the data contained in the electronic system. (d) The data elements and codes set forth in the plan approved by the State Board of Education, as transferred through any electronic statewide school information system, may not contain any questions of items that solicit or invite disclosure of the personal beliefs or practices of a pupil, or his or her parent or guardian, as to sex, family life, morality, or religion, nor may it contain any question designed to evaluate personal behavioral characteristics including, but not limited to, honesty, integrity, sociability, or self-esteem. (Added by Stats. 1999, Ch. 78, Sec. 36. Effective July 7, 1999.)
  149. 49083.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. )

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    CSIS must create and maintain a list of SIS vendors, include vendor product capabilities, and post the list online.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. ) ## 49083.5. (a) CSIS, in consultation with the department, shall create and maintain a list of SIS vendors. This list shall include the product capabilities of SIS vendors. (b) The list established pursuant to subdivision (a) shall include a state designation established by CSIS for SIS vendors that meet all of the following requirements: (1) Serve local educational agencies educating pupils in any of kindergarten or grades 1 to 12, inclusive. (2) Comply, without passing the costs of complying to local educational agencies, with the California High School Transcript and Student Record Portability Standard that is acknowledged by the Office of Cradle-to-Career Data and promoted by the department, the California State University, the University of California, the California Community Colleges, and the Student Aid Commission, maintained in a data standards repository within the data system administered by the Office of Cradle-to-Career Data pursuant to Section 10862, and managed by the CCGI pursuant to subdivision (c) of Section 60900.5, and include the accompanying data standards and file specifications. (3) Provide an API that facilitates a local educational agency’s ability to meet the requirements of subparagraphs (B) and (D) of paragraph (3) of subdivision (f) of Section 60900. (4) Are small-sized vendors that offer an alternative extract to paragraph (3) for use by the CCGI. (c) CSIS, the department, and CCGI shall collaboratively establish the criteria to assess whether vendors meet the requirements of paragraphs (1) to (4), inclusive, of subdivision (b) to receive the state designation pursuant to that subdivision. (d) CSIS shall post the list established pursuant to this section on its internet website. (e) As used in this section, the following definitions apply: (1) “API” means an application programming interface. (2) “CCGI” means the California College Guidance Initiative. (3) “Local educational agency” means a school district, county office of education, or charter school. (4) “SIS vendor” means a school information system vendor. (Added by Stats. 2024, Ch. 38, Sec. 55. (SB 153) Effective June 29, 2024.)
  150. 49084.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. )

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    The section sets startup funding rules for participating local education agencies based on enrollment, caps program funding at 50% of total required funds, and provides a payment to consortium fiscal agents.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. ) ## 49084. (a) A participating local education agency with an enrollment of 3,500 or more pupils, as determined by the most current California Basic Educational Data System information that is available when the agency joins the California School Information Services Program, is eligible for one-time funding for startup costs based on the greater of the following: (1) Eight dollars and fifty-one cents ($8.51) for each pupil who is enrolled, as determined by the most current California Basic Educational Data System information that is available when the agency joins the California School Information Services Program. (2) Two thousand five hundred dollars ($2,500) per schoolsite under the jurisdiction of the local education agency. (b) A participating local education agency with a pupil enrollment of fewer than 3,500 pupils and greater than 1,800 pupils, as determined by the most current California Basic Educational Data System information that is available when the agency joins the California School Information Services Program, is eligible for one-time funding for startup costs based on the greater of the following: (1) Eight dollars and fifty-one cents ($8.51) per pupil who is enrolled, as determined by the most current California Basic Educational Data System information that is available when the agency joins the California School Information Services Program. (2) Two thousand five hundred dollars ($2,500) per schoolsite under the jurisdiction of the local education agency. (3) Thirty thousand dollars ($30,000). (c) A participating local education agency with a pupil enrollment of fewer than 1,800 pupils, as determined by the most current California Basic Educational Data System information that is available when the agency joins the California School Information Services Program, is eligible for one-time funding for the startup costs based on the greater of the following: (1) Eight dollars and fifty-one cents ($8.51) for each pupil who is enrolled, as determined by the most current California Basic Educational Data System information, and two thousand five hundred dollars ($2,500) per schoolsite. (2) Fifteen thousand dollars ($15,000). (d) Notwithstanding subdivisions (a), (b), and (c) the California School Information Services Program may not provide a local education agency more than 50 percent of the total funds required by an agency to achieve full participation in the California School Information Services Program. Total costs may include both actual expenditures and in-kind contributions, including those made within the previous three years, that are necessary to enable the local education agency to participate in the California School Information Services Program. (e) For each consortium of local education agencies using the same pupil information system software, the consortium fiscal agent shall receive five thousand nine hundred seventy dollars ($5,970) for each new local education agency in the first and second year of participation in the California School Information Services Program to provide project and fiscal management services on behalf of participating consortium members after July 1, 2002. (Added by Stats. 2002, Ch. 1002, Sec. 2. Effective September 27, 2002.)
  151. 49085.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. )

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    This section requires state education and social services officials to share foster-care data, identify pupils in foster care, and report foster-care educational outcomes, and it bars local educational agencies from requiring tribal certification of dependent-child status.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. Pupil Records [49060 - 49085] ( Chapter 6.5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. California School Information Services [49080 - 49085] ( Article 6 added by Stats. 1999, Ch. 78, Sec. 36. ) ## 49085. (a) On or before February 1, 2014, the department and the State Department of Social Services shall develop and enter into a memorandum of understanding that shall, at a minimum, require the State Department of Social Services, at least once per week, to share with the department both of the following: (1) Disaggregated information on children and youth in foster care sufficient for the department to identify pupils in foster care. (2) Disaggregated data on children and youth in foster care that is helpful to county offices of education and other local educational agencies responsible for ensuring that pupils in foster care receive appropriate educational supports and services. (b) To the extent allowable under federal law, the department shall regularly identify pupils in foster care and designate those pupils in the California Longitudinal Pupil Achievement Data System or any future data system used by the department to collect disaggregated pupil outcome data. (c) To the extent allowable under federal law, the Superintendent, on or before July 1 of each even-numbered year, shall report to the Legislature and the Governor on the educational outcomes for pupils in foster care at both the individual schoolsite level and school district level. The report shall include, but is not limited to, all of the following: (1) Individual schoolsite level and school district level educational outcome data for each local educational agency that enrolls at least 15 pupils in foster care, each county in which at least 15 pupils in foster care attend school, and for the entire state. (2) The number of pupils in foster care statewide and by each local educational agency. (3) The academic achievement of pupils in foster care. (4) The incidence of suspension and expulsion for pupils in foster care. (5) Truancy rates, attendance rates, and dropout rates for pupils in foster care. (d) To the extent allowable under federal law, the department, at least once per week, shall do all of the following: (1) Inform school districts and charter schools of any pupils enrolled in those school districts or charter schools who are in foster care. (2) Inform county offices of education of any pupils enrolled in schools in the county who are in foster care. (3) Provide school districts, county offices of education, and charter schools disaggregated data helpful to ensuring pupils in foster care receive appropriate educational supports and services. (e) (1) For purposes of this section, “pupil in foster care” has the same meaning as “foster youth,” as defined in subdivision (b) of Section 42238.01. (2) This section does not require the State Department of Social Services to collect, nor share with the department, any information regarding the population described in paragraph (4) of subdivision (b) of Section 42238.01. (3) (A) For purposes of a dependent child, as described in paragraph (4) of subdivision (b) of Section 42238.01, the tribe may notify a local educational agency about the pupil’s status as a dependent child under the court of an Indian tribe, consortium of tribes, or tribal organization. (B) A local educational agency shall not require an Indian tribe or tribal court representative to certify that any pupil is a dependent of an Indian tribe, consortium of tribes, or tribal organization. (Amended by Stats. 2021, Ch. 287, Sec. 6. (AB 1055) Effective January 1, 2022.)
  152. 49091.10.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ( Chapter 6.6 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## ARTICLE 1. Parental Review [49091.10 - 49091.19] ( Article 1 added by Stats. 1998, Ch. 1031, Sec. 2. )

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    Classroom instructors must compile and store listed instructional materials and make them available promptly for parent or guardian inspection. Parents or guardians may also observe instruction and related activities involving their child, and school officials must arrange that observation after a written request.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ( Chapter 6.6 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## ARTICLE 1. Parental Review [49091.10 - 49091.19] ( Article 1 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## 49091.10. (a) All primary supplemental instructional materials and assessments, including textbooks, teacher’s manuals, films, audio and video recordings, and software shall be compiled and stored by the classroom instructor and made available promptly for inspection by a parent or guardian in a reasonable timeframe or in accordance with procedures determined by the governing board of the school district. (b) A parent or guardian has the right to observe instruction and other school activities that involve his or her child in accordance with procedures determined by the governing board of the school district to ensure the safety of pupils and school personnel and to prevent undue interference with instruction or harassment of school personnel. Reasonable accommodation of parents and guardians shall be considered by the governing board of the school district. Upon written request by the parent or guardian, school officials shall arrange for the parental observation of the requested class or classes or activities by that parent or guardian in a reasonable timeframe and in accordance with procedures determined by the governing board of the school district. (Amended by Stats. 2009, Ch. 88, Sec. 24. (AB 176) Effective January 1, 2010.)
  153. 49091.12.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ( Chapter 6.6 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## ARTICLE 1. Parental Review [49091.10 - 49091.19] ( Article 1 added by Stats. 1998, Ch. 1031, Sec. 2. )

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    A pupil cannot be forced to affirm or deny personal, religious, or political beliefs, and the chapter preserves certain confidential medical and counseling access and officials’ child-abuse investigation authority.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ( Chapter 6.6 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## ARTICLE 1. Parental Review [49091.10 - 49091.19] ( Article 1 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## 49091.12. (a) A pupil may not be compelled to affirm or disavow any particular personally or privately held world view, religious doctrine, or political opinion. This section does not relieve pupils of any obligation to complete regular classroom assignments. (b) Nothing in this chapter shall be construed to affect a pupil’s right or ability to obtain confidential medical care or confidential counseling relating to the diagnosis or treatment of a drug- or alcohol-related problem, or mental health treatment or counseling on an outpatient basis, without the consent of his or her parent or guardian. Nothing in this chapter shall be construed to restrict the authority of school officials or law enforcement officials to investigate, or intervene in, cases of suspected child abuse. (c) A pupil may not be tested for a behavioral, mental, or emotional evaluation without the informed written consent of his or her parent or guardian. (d) A general consent, including medical consent used to approve admission to or involvement in, a special education or remedial program or regular school activity, does not constitute written consent under this section. (Added by Stats. 1998, Ch. 1031, Sec. 2. Effective January 1, 1999.)
  154. 49091.14.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ( Chapter 6.6 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## ARTICLE 1. Parental Review [49091.10 - 49091.19] ( Article 1 added by Stats. 1998, Ch. 1031, Sec. 2. )

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    Public school curriculum information must be compiled into a prospectus at least once a year, and schoolsites must provide the prospectus for review or reproduction when requested.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ( Chapter 6.6 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## ARTICLE 1. Parental Review [49091.10 - 49091.19] ( Article 1 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## 49091.14. The curriculum, including titles, descriptions, and instructional aims of every course offered by a public school, shall be compiled at least once annually in a prospectus. Each schoolsite shall make its prospectus available for review upon request. When requested, the prospectus shall be reproduced and made available. School officials may charge for the prospectus an amount not to exceed the cost of duplication. (Added by Stats. 1998, Ch. 1031, Sec. 2. Effective January 1, 1999.)
  155. 49091.16.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ( Chapter 6.6 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## ARTICLE 1. Parental Review [49091.10 - 49091.19] ( Article 1 added by Stats. 1998, Ch. 1031, Sec. 2. )

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    The Legislature says pupil-school-parent compacts should be encouraged and should remain voluntary.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ( Chapter 6.6 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## ARTICLE 1. Parental Review [49091.10 - 49091.19] ( Article 1 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## 49091.16. It is the intent of the Legislature to encourage pupil-school-parent compacts that are voluntary. (Added by Stats. 1998, Ch. 1031, Sec. 2. Effective January 1, 1999.)
  156. 49091.18.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ( Chapter 6.6 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## ARTICLE 1. Parental Review [49091.10 - 49091.19] ( Article 1 added by Stats. 1998, Ch. 1031, Sec. 2. )

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    A school may not require a pupil or the pupil’s family to take certain home-life assessments, parental screening or testing, nonacademic home-based counseling, parent training, or a prescribed family education service plan.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ( Chapter 6.6 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## ARTICLE 1. Parental Review [49091.10 - 49091.19] ( Article 1 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## 49091.18. Notwithstanding any provision of law to the contrary, a school may not require a pupil or a pupil’s family to submit to or participate in any of the following: (a) Any assessment, analysis, evaluation, or monitoring of the quality or character of the pupil’s home life. (b) Any form of parental screening or testing. (c) Any nonacademic home-based counseling program. (d) Parent training. (e) Any prescribed family education service plan. (f) Nothing in this section shall be construed as preventing the screening, testing, or training of public school employees. (Added by Stats. 1998, Ch. 1031, Sec. 2. Effective January 1, 1999.)
  157. 49091.19.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ( Chapter 6.6 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## ARTICLE 1. Parental Review [49091.10 - 49091.19] ( Article 1 added by Stats. 1998, Ch. 1031, Sec. 2. )

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    This section says the chapter must not be read as limiting teachers’ ability to assign homework.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ( Chapter 6.6 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## ARTICLE 1. Parental Review [49091.10 - 49091.19] ( Article 1 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## 49091.19. No provision of this chapter shall be construed as restricting teachers in the assignment of homework. (Added by Stats. 1998, Ch. 1031, Sec. 2. Effective January 1, 1999.)
  158. 49091.24.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ( Chapter 6.6 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## ARTICLE 2. Teacher Rights [49091.24- 49091.24.] ( Article 2 added by Stats. 1998, Ch. 1031, Sec. 2. )

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    A teacher may refuse to answer school district evaluations or surveys about certain personal, political, sexual, family-related, or religious topics.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ( Chapter 6.6 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## ARTICLE 2. Teacher Rights [49091.24- 49091.24.] ( Article 2 added by Stats. 1998, Ch. 1031, Sec. 2. ) ## 49091.24. A teacher shall have the right to refuse to submit to any evaluation or survey conducted by the school district concerning the following: (a) Personal values, attitudes, and beliefs. (b) Sexual orientation. (c) Political affiliations or opinions. (d) Critical appraisals of other individuals with whom the teacher has a family relationship. (e) Religious affiliations or beliefs. (Added by Stats. 1998, Ch. 1031, Sec. 2. Effective January 1, 1999.)
  159. 49100.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment and Attendance [49100 - 49101] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Some minors must not stay out of school and unemployed for more than 10 consecutive days while public schools are in session, and they must enroll and attend school.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment and Attendance [49100 - 49101] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49100. No minor having a permit to work and no minor under 18 years of age, who is otherwise required by law to attend school, shall be out of school and unemployed for a period longer than 10 consecutive days while the public schools are in session, but shall enroll and attend school. (Enacted by Stats. 1976, Ch. 1010.)
  160. 49101.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment and Attendance [49100 - 49101] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This chapter does not apply to certain minors who have graduated from a qualifying high school, have had equivalent education in a private school or by private tuition, or have a certificate of proficiency.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment and Attendance [49100 - 49101] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49101. The provisions of this chapter shall not apply to any minor who has been graduated from a high school maintaining a four-year course above the eighth grade of elementary schools, or who has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency pursuant to Section 48412 of the Education Code. (Added by Stats. 1977, Ch. 796.)
  161. 49110.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    This section says who may issue a minor’s work permit and sets conditions for issuing, revoking, and delegating that authority.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49110. (a) It is the intent of the Legislature that school district, charter school, and private school personnel responsible for issuing work permits to pupils have a working knowledge of California labor laws as they relate to minors and be trained to provide pupils with practical personal guidance in career education. (b) Any of the following individuals may issue a work permit to a minor subject to the requirements and conditions of this chapter: (1) The superintendent of a school district in which the minor resides. (2) The chief executive officer, or the equivalent position, of a charter school that the minor attends. (3) A person holding a services credential with a specialization in pupil personnel services authorized by the superintendent of the school district or chief executive officer in writing, or a certificated work experience education teacher or coordinator authorized by the superintendent of the school district or chief executive officer in writing. (4) If the minor resides in a portion of a county not under the jurisdiction of the superintendent of a school district and does not attend a charter school, the county superintendent of schools, a person holding a services credential with a specialization in pupil personnel services authorized by the county superintendent of schools in writing, or a certificated work experience education teacher or coordinator authorized by the county superintendent of schools in writing may issue a work permit. (5) Subject to the requirements and conditions in subparagraphs (A) to (C), inclusive, the principal of a public or private school may issue, or designate another administrator in the school to issue, work permits to pupils who attend the school. If the principal of a public or private school chooses not to issue work permits pursuant to this paragraph, work permits may be issued to pupils attending that school pursuant to paragraph (1), (3), or (4) or Section 49110.1. (A) A principal who issues a work permit pursuant to this paragraph shall provide a self-certification that he or she understands the requirements in existing law for issuing a work permit. The principal shall submit a copy of each work permit he or she issues along with a copy of the application for each work permit to the superintendent of the school district in which the school is located. (B) The superintendent of a school district may revoke a work permit issued by the principal of a public or private school located within the district if the superintendent becomes aware of any grounds upon which the pupil may be deemed ineligible for a work permit under existing law. (C) An individual with authority to issue a work permit pursuant to this subdivision shall not issue a work permit to his or her own child. (c) A work permit shall not be issued until the written request for the permit from the parent, guardian, foster parent, caregiver with whom the minor resides, or residential shelter services provider, has been filed with the issuing authority. “Residential shelter services” refers to residential and other support services provided to minors by a governmental agency, a person or agency under contract with a governmental agency to provide these services, an agency receiving funding from community funds, or a licensed community care facility or crisis resolution center on a temporary or emergency basis in a facility that services only minors. (d) If the certificated person designated to issue work permits by the superintendent of a school district or the chief executive officer, or the equivalent position, of a charter school is not available, and delay in issuing a permit would jeopardize the ability of a pupil to secure work, another person authorized by the superintendent of the school district or the chief executive officer, or the equivalent position, of a charter school may issue the work permit. (e) If a school district or charter school does not employ or contract with a person holding a services credential with a specialization in pupil personnel services or with a certificated work experience education teacher or coordinator, the superintendent of the school district or the chief executive officer, or the equivalent position, of a charter school may authorize, in writing, a person who does not hold that credential to issue work permits during periods of time in which the superintendent is absent from the district or the chief executive officer is absent from the charter school. (f) Notwithstanding the hour limitations imposed by this chapter or any other provision of law, the hour limitations that apply to a work permit issued by any of the individuals described in subdivision (b) shall be based on the school calendar of the school the pupil attends. (Amended by Stats. 2009, Ch. 214, Sec. 1. (AB 66) Effective January 1, 2010.)
  162. 49110.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district superintendents, and in some cases county superintendents of schools, may designate private school principals or other school officials to issue work permits to pupils, and must periodically check compliance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49110.1. The superintendent of any school district may designate the principal or other person having charge of a private school within the district, in which pupils are enrolled pursuant to Section 48222, as a person authorized to issue work permits to pupils of the school, in accordance with this chapter. Where the pupil resides in a portion of the county not under the jurisdiction of the superintendent of any school district, the county superintendent of schools may designate the principal or other person having charge of a private school as the person authorized to issue such work permits. The superintendent of the school district, or the county superintendent of schools as the case may be, shall periodically ascertain that the designated person has complied with the requirements of this chapter pertaining to issuing authorities. (Added by Stats. 1977, Ch. 117.)
  163. 49110.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Public high schools must observe Workplace Readiness Week by teaching pupils about workers’ rights, and the Superintendent must send an annual notice; minors seeking certain work-permit signatures must receive a labor-rights document.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49110.5. (a) The week of each year that includes April 28 shall be known as “Workplace Readiness Week.” All public high schools, including charter schools, shall annually observe that week by providing information to pupils on their rights as workers. The topics covered shall include, but are not limited to, all the following: (1) Local, state, and federal laws regarding each of the following issues: (A) Prohibitions against misclassification of employees as independent contractors. (B) Child labor. (C) Wage and hour protections. (D) Worker safety. (E) Workers’ compensation. (F) Unemployment insurance. (G) Paid Sick Leave, Paid Family Leave, State Disability Insurance, and the California Family Rights Act. (H) The right to organize a union in the workplace. (I) Prohibitions against retaliation by employers when workers exercise these or any other rights guaranteed by law. (2) The labor movement’s role in winning the protections and benefits described in subparagraphs (A) to (I), inclusive, of paragraph (1). (3) An introduction to state-approved apprenticeship programs in California, how to access them, the variety of programs available, and how they can provide an alternative career path for those who do not attend college. (b) For pupils in grades 11 and 12, the observances required by this section shall be integrated into the regular school program, consistent with the history-social science framework, but may also include special events after regular school hours. This integration is encouraged, but not required, to occur during Workplace Readiness Week. (c) (1) Beginning August 1, 2024, any minor seeking the signature of a verifying authority on a Statement of Intent to Employ a Minor and Request for a Work Permit-Certificate of Age under this chapter shall be issued, before or at the time of receiving the signature of the verifying authority, a document clearly explaining basic labor rights extended to workers. (2) Topics covered in this document shall include, but are not limited to, those identified in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (a). (3) The University of California Berkeley Center for Labor Research and Education is encouraged to produce, with input from bona fide labor organizations, a draft template for the document to be provided to minors, including translations into other languages, including, but not limited to, Spanish, Chinese, Tagalog, Vietnamese, and Korean. (4) The document shall express these labor rights in plain, natural terminology easily understood by the pupil. (5) The document shall be in a physical form in English and shall include both a Uniform Resource Locator for, and a quick response code linked to, an internet website with electronic versions of the document, and any translated versions of the document, produced by the University of California Berkeley Center for Labor Research and Education pursuant to paragraph (3). (d) The Superintendent shall annually send a written notice, detailing requirements of Workplace Readiness Week and how teachers may access related instructional materials and other resources, to every public high school, including charter schools, at least one month before Workplace Readiness Week. (Added by Stats. 2023, Ch. 271, Sec. 2. (AB 800) Effective January 1, 2024.)
  164. 49111.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A work permit may be issued to minors aged over 12 and under 18 for work during certain school holidays and vacations, and when they are exempt from compulsory school attendance, if the work is in an otherwise lawful establishment or occupation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49111. A permit to work may be issued to any minor over the age of 12 years and under the age of 18 years to be employed on a regular school holiday, during the regular vacation of the public school, during such time as the minor is exempt from compulsory school attendance pursuant to Section 48231, and during the period of a specified occasional public school vacation in any of the establishments or occupations not otherwise prohibited by law. (Amended by Stats. 1977, Ch. 1221.)
  165. 49112.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts may issue work permits to minors only when the section’s age, schooling, program, and hour limits are met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49112. (a) Except as provided in subdivisions (b) and (c), a permit to work may be issued to a minor who has completed the equivalent of the 7th grade in a public school course to work outside of school hours for a period of time not to exceed three hours in any day while school is in session if the minor is 14 or 15 years of age, or four hours in any day in which he or she is required by law to attend school if the minor is 16 or 17 years of age. (b) Notwithstanding subdivision (a), a permit to work may be issued, at the school district’s discretion, to a minor 13 years of age if he or she has completed grade 6, has been identified by the school district in which he or she is enrolled as exhibiting the potential to drop out of school, and is a participant in an employment program that is conducted on school premises and sponsored by one or more school districts, provided the program serves to foster the development of an appreciation by the pupil of the importance of education in preparing a pupil for future education and employment. The permit shall limit the period any minor age 13 may work pursuant to this subdivision to two hours on any given day, up to a maximum of four hours each week. (c) A permit to work may also be issued to a minor age 16 or older to work outside of school hours for a period of time not to exceed eight hours in any day in which the minor is required by law to attend school and which is immediately prior to a nonschoolday. (d) Nothing in this section shall apply to any minor employed to deliver newspapers to consumers. (Amended by Stats. 1992, Ch. 1189, Sec. 1. Effective January 1, 1993.)
  166. 49113.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A work permit may be issued to an eligible minor aged over 14 and under 18 who meets the listed schooling and work-experience conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49113. A permit to work may be issued to a minor who is under the age of 18 years and over the age of 14 years who is regularly enrolled in a high school or community college or who has been assigned to a vocational course in a place of employment, and who will work part time as a properly enrolled pupil in a work experience education course that meets all the requirements of such course as provided in Sections 51760 to 51769, inclusive. (Enacted by Stats. 1976, Ch. 1010.)
  167. 49114.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A person authorized to issue work permits may give a minor a certificate of age if the minor comes with a parent, guardian, or other responsible person and shows the required proof of age.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49114. The person authorized to issue permits to work or to employ may issue to any minor a certificate of age when the minor accompanied by his parent, guardian, or other person in control or charge of the minor, presents to the authority, the evidence of age specified in this chapter. The certificate of age shall serve as a permit to employ a minor who is not by law required to attend school, and who is otherwise required to hold a permit to work. (Enacted by Stats. 1976, Ch. 1010.)
  168. 49115.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A permit to employ a minor must include specified personal, school-attendance, work-hours, Social Security, signature, and expiry information.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49115. The permit to employ shall contain: (a) The name, age, birth date, address and phone number of the minor. (b) The place and hours of compulsory part-time school attendance for the minor, or statement of exemption therefrom, and the hours of compulsory full-time school attendance for the minor, if the permit is issued for outside of school hours. (c) The maximum number of hours per day and per week the student may work while school is in session. (d) The minor’s social security number. (e) The signature of the minor and the issuing authority. (f) The date on which the permit expires. (Enacted by Stats. 1976, Ch. 1010.)
  169. 49116.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Employers may not work minors beyond the listed hour limits during school time, with specific program and permit exceptions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49116. (a) While school is in session, an employer shall not employ a minor 14 or 15 years of age for more than three hours in any day, nor more than 18 hours in any week, nor during school hours, except that a minor enrolled in and employed pursuant to a school-supervised and school-administered work experience and career exploration program may be employed for no more than 23 hours, any portion of which may be during school hours. (b) An employer shall not employ a minor 16 or 17 years of age for more than four hours in any day in which that minor is required by law to attend school for 240 minutes or more, except as follows: (1) The minor is employed in personnel attendance occupations, as defined in the Industrial Welfare Commission Minimum Wage Order No. 15, school-approved work experience, or cooperative vocational education programs. (2) The minor has been issued a permit to work pursuant to subdivision (c) of Section 49112 and is employed in accordance with the provisions of that permit. (c) If evidence is shown, to the satisfaction of the authority issuing the permit to work, that the schoolwork or the health of the minor is being impaired by the employment, that authority may revoke the permit. (d) Nothing in this section shall apply to any minor employed to deliver newspapers to consumers. (Amended by Stats. 1995, Ch. 887, Sec. 1. Effective January 1, 1996.)
  170. 49117.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Work permits and related age/health certificates must use forms prepared and provided by the Superintendent of Public Instruction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49117. All permits to work or to employ, all certificates of age, and certificates of health pursuant to this chapter, shall be issued on forms prepared and provided by the Superintendent of Public Instruction. Local school districts authorized to issue permits to work may be authorized by the Superintendent of Public Instruction to produce permits to work. (Enacted by Stats. 1976, Ch. 1010.)
  171. 49118.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Work permits issued during the school year expire five days after the next school year starts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49118. Permits to work issued during the school year shall expire five days after the opening of the next succeeding school year. (Enacted by Stats. 1976, Ch. 1010.)
  172. 49119.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A minor does not need a work permit to take part in specified horseback riding exhibitions, contests, or events.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49119. Nothing in this article shall require a minor to obtain a permit to work in order for such minor to participate in horseback riding exhibitions, contests or events specified in paragraph (3) of subdivision (b) of Section 1308 of the Labor Code. (Enacted by Stats. 1976, Ch. 1010.)
  173. 49120.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A work permit cannot be denied because of grades, GPA, or school attendance when the pupil is applying to join a government-administered employment and training program during the school’s summer recess or vacation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Permits to Work [49110 - 49120] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49120. A work permit shall not be denied on the basis of a pupil’s grades, grade point average, or school attendance if the pupil is applying for the work permit in order to participate in a government-administered employment and training program that will occur during the regular summer recess or vacation of the school that the pupil attends. (Added by Stats. 2018, Ch. 420, Sec. 1. (SB 1428) Effective January 1, 2019.)
  174. 49130.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Permits to Work Full Time [49130 - 49135] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A full-time work permit may be issued to certain minors aged 14 to under 16 if conditions are met, and the permit expires by the end of the current school year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Permits to Work Full Time [49130 - 49135] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49130. A permit to work full time may be issued to a minor under the age of 16 years and over the age of 14 years who holds a diploma of graduation from the prescribed elementary school course under both of the following circumstances: (a) The permit expires not later than the end of the current school year. (b) Any of the following conditions: (1) The parent or guardian of the minor child presents a sworn statement that the parent or guardian of the minor is incapacitated for labor through illness or injury, or that through the death or desertion of the father or mother of the minor, the family is in need of the earnings of the minor and that sufficient aid cannot be secured in any other manner. (2) The minor is unable to reside with his or her family and the earnings of the minor are necessary for the support of the minor. (3) The minor is residing with a foster care provider, or guardian receiving foster care funds for the minor, if the provider or guardian obtains written authorization from the minor’s social worker, probation officer, or child protective services worker acting as an officer of the court. A permit may be issued to a minor who is subject to this paragraph only if the child’s case plan documents that the purpose of the employment is to further the goal of emancipation pursuant to Part 6 (commencing with Section 7000) of Division 11 of the Family Code, or to enable the minor to gain knowledge of necessary work skills and work habits, and of the responsibilities related to maintaining employment. The person issuing the permit shall sign a statement that he or she, or a competent person designated by him or her, has investigated the conditions under which the application for the permit has been made and has found that, in his or her judgment, the earnings of the minor are necessary for the family to support the minor or that the earnings of the minor are necessary to support the minor and that sufficient aid cannot be secured in any other manner. Before issuing a work permit to a minor who is subject to paragraph (3) of subdivision (b), the person issuing the permit shall sign a statement that he or she has received authorization from the minor’s social worker, probation officer, or child protective services worker. A minor who applies for a work permit pursuant to this section shall be duly enrolled in a work experience education program. (Amended by Stats. 1994, Ch. 257, Sec. 2. Effective January 1, 1995.)
  175. 49131.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Permits to Work Full Time [49130 - 49135] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A full-time work permit may be issued to a minor over 16 and under 18, despite the listed contrary sections.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Permits to Work Full Time [49130 - 49135] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49131. Notwithstanding Section 49130, 49132, or 49134 or subdivision (d) of Section 49133, a permit to work full time may be issued to a minor over the age of 16 and under the age of 18. (Enacted by Stats. 1976, Ch. 1010.)
  176. 49132.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Permits to Work Full Time [49130 - 49135] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A work permit cannot be issued until the minor appears with a parent or guardian and submits the application, but denial for that reason is barred if the school is closed for an extended emergency period, the application was electronically submitted, and a video conference was held.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Permits to Work Full Time [49130 - 49135] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49132. (a) A permit shall not be issued until the minor accompanied by the minor’s parent or guardian appears before the person authorized to issue the permit and submits the minor’s application thereto. (b) A permit shall not be denied for noncompliance with subdivision (a) if all of the following apply: (1) The minor’s school is physically closed for an extended period of time because of a natural disaster, pandemic, or other emergency. (2) The minor’s application is complete and has been successfully submitted electronically. (3) The minor, accompanied by the minor’s parent or guardian, has attended a video conference with the person issuing the work permit. (c) This section shall apply only to minors subject to Section 49130. (Amended by Stats. 2020, Ch. 64, Sec. 2. (AB 908) Effective September 11, 2020.)
  177. 49133.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Permits to Work Full Time [49130 - 49135] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A permit for a minor may not be issued until the issuing authority has received, examined, approved, and filed the required papers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Permits to Work Full Time [49130 - 49135] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49133. No permit shall be issued until the issuing authority has received, examined, approved, and filed, the following papers duly executed: (a) The school record of the minor giving age, grade, and attendance for the current term signed by the principal or teacher. (b) Evidence of age, such as the school record of enrollment, or a certificate of birth, or a baptism certificate duly attested, or a passport, or affidavit of the parent, guardian, or custodian of the minor, such as shall convince the officer that the minor is of the age required by law. (c) The written statement from a prospective employer that work is waiting for the minor and describing the nature of the work. (d) A certificate signed by a physician appointed by the school board, or by other public medical officer, stating that the minor has been thoroughly examined by him, and, in his opinion, is physically fit to pursue the work specified. No fee shall be charged the minor for the physical certificate. This section shall be applicable only to minors subject to Section 49130. (Enacted by Stats. 1976, Ch. 1010.)
  178. 49134.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Permits to Work Full Time [49130 - 49135] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A parent, guardian, or custodian who accompanies a minor must swear that the minor’s name, address, birthplace, and age on the work-permit application are true and correct to the best of their knowledge and belief.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Permits to Work Full Time [49130 - 49135] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49134. The parent, guardian, or custodian accompanying the minor shall make oath that his statement of the name, address, birthplace, and age of the minor as entered upon the application for the permit to work are true and correct to the best of his knowledge and belief. This section shall be applicable only to minors subject to Section 49130. (Enacted by Stats. 1976, Ch. 1010.)
  179. 49135.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Permits to Work Full Time [49130 - 49135] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The permit-issuing authority must immediately notify the person in charge of part-time continuation classes in writing, and the minor’s parent or guardian must send the minor to the designated classes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Permits to Work Full Time [49130 - 49135] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 49135. The authority issuing any permit to work full time shall immediately notify, in writing, the person in charge of the organization and maintenance of part-time continuation classes of the place of the minor’s prospective employment, and the parent or guardian of the minor shall send the minor to the classes designated. (Enacted by Stats. 1976, Ch. 1010.)
  180. 49140.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Exceptions [49140 - 49141] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain farm owners, tenants, or operators must post a bilingual notice about when minor children may work on the premises.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Exceptions [49140 - 49141] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49140. Every owner, tenant, or operator of a farm employing thereon as agricultural labor any parent or guardian having minor children in his immediate care and custody shall post at a conspicuous place on the property or place of employment where it may be easily read by those employed, a notice stating that minor children are not allowed to work upon the premises unless legally permitted to do so by law and unless permits to work have been secured by the minor children from duly constituted authorities. All such notices shall be printed in both the English and Spanish languages. (Enacted by Stats. 1976, Ch. 1010.)
  181. 49141.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Exceptions [49140 - 49141] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section exempts certain parent- or guardian-controlled work from the usual permit-to-work and permit-to-employ requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Exceptions [49140 - 49141] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49141. In order that children may be disciplined and trained in habits of work and industry by their parents, guardians, or other persons standing in the place of parents, nothing in this chapter shall require a permit to work to be issued to any minor or require a permit to employ to be issued to the parent or guardian when the work or intended work to be performed by the minor is for or under the control of his parent or guardian and is performed upon or in connection with the premises owned, operated, or controlled by the parent or guardian. Nothing in this section shall be held to affect existing provisions of law which require permits to work to be issued to minors employed in manufacturing, mercantile, or similar commercial enterprises by their parents or guardians, or to do work which is otherwise forbidden by Section 1294, 1296, or 1308.5 of the Labor Code. All other provisions of law relating to compulsory education shall be effective as to the minor. (Enacted by Stats. 1976, Ch. 1010.)
  182. 49151.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Compliance [49151- 49151.] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says the chapter does not repeal or change specified Labor Code provisions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Compliance [49151- 49151.] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49151. Nothing in this chapter shall be construed to repeal or in any way modify the provisions of Sections 1298, 1390, 1394, 1396, and 1397 of the Labor Code. (Enacted by Stats. 1976, Ch. 1010.)
  183. 49160.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Duties of Employer [49160 - 49165] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person, firm, or corporation may not let a minor under 18 work in or connected with an establishment or occupation unless a permit to employ has been issued, subject to Section 49151.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Duties of Employer [49160 - 49165] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 49160. No person, firm or corporation shall employ, suffer, or permit any minor under the age of 18 years to work in or in connection with any establishment or occupation except as provided in Section 49151 without a permit to employ, issued by the proper educational officers in accordance with law. (Enacted by Stats. 1976, Ch. 1010.)
  184. 49161.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Duties of Employer [49160 - 49165] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Employers of minors under 18 must keep all minors’ work permits on file during the employment period.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Duties of Employer [49160 - 49165] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 49161. Every person, firm, corporation, or agent or officer of a firm or corporation, employing minors under the age of 18 years shall keep on file all permits to employ minors under the age of 18 years during the term of the employment. (Enacted by Stats. 1976, Ch. 1010.)
  185. 49162.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Duties of Employer [49160 - 49165] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An employer of a minor covered by this chapter must send written notice of intent to employ the minor to the officer who issues work permits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Duties of Employer [49160 - 49165] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 49162. The employer of any minor subject to this chapter shall send to the officer authorized to issue the permit to work a written notification of intent to employ a minor. The form of the intent to employ a minor shall be prescribed by the Department of Education and shall be furnished to the employer by the officer. (Enacted by Stats. 1976, Ch. 1010.)
  186. 49163.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Duties of Employer [49160 - 49165] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A notification of intent to employ a minor must include specific identifying, job, hours, and signature information.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Duties of Employer [49160 - 49165] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 49163. The notification of intent to employ a minor shall contain: (a) The name, address, phone number, and social security number of the minor. (b) The name, address, phone number, and supervisor at the minor’s place of employment. (c) The kind of work the minor will perform. (d) The maximum number of hours per day and per week the student will be expected to work for the employer. (e) The signatures of the parent or guardian, of the minor, and of the employer. (Enacted by Stats. 1976, Ch. 1010.)
  187. 49164.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Duties of Employer [49160 - 49165] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Work permits and age certificates must always be open to inspection, and they may be cancelled or a work permit revoked in specified circumstances.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Duties of Employer [49160 - 49165] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 49164. Permits to work and to employ and certificates of age shall always be open to inspection by supervisors of attendance, probation officers, designees of the Labor Commissioner, and by officers of the Superintendent of Public Instruction. Every permit to work or to employ and every certificate of age shall be subject to cancellation at any time by the Superintendent of Public Instruction, the Labor Commissioner, or by the person issuing the permit or certificate whenever any person authorized to inspect such permits and certificates finds that the conditions for the legal issuance of the permit or certificate of age do not exist or did not exist at the time the permit or certificate was issued. A permit to work shall be revoked by the issuing authority when he is satisfied that the employment of the minor is impairing the health or education of the minor, or that any provision or condition of the permit is being violated, or that the minor is performing work in violation of any provision of law. (Enacted by Stats. 1976, Ch. 1010.)
  188. 49165.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Duties of Employer [49160 - 49165] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person does not need a permit to employ for a minor to take part in the listed horseback riding exhibitions, contests, or events.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Duties of Employer [49160 - 49165] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 49165. Nothing in this article shall require a person to obtain a permit to employ in order for a minor to participate in horseback riding exhibitions, contests or events specified in paragraph (3) of subdivision (b) of Section 1308 of the Labor Code. (Enacted by Stats. 1976, Ch. 1010.)
  189. 49180.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Violations [49180 - 49183] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a violation of minor-employment rules is found, the Superintendent must report it to the Labor Commissioner within 48 hours.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Violations [49180 - 49183] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 49180. If upon inspection or investigation a supervisor of attendance, probation officer, or officer of the Superintendent determines that a person is in violation of any statutory provision or rule or regulation relating to the employment of minors, the Superintendent shall report the violation to the Labor Commissioner. The report shall be made within 48 hours, and shall be in writing, setting forth the fact that the Superintendent has good cause to believe that a statutory provision or rule or regulation is being violated by the person. Upon receipt of the report of violation, the Director of Industrial Relations shall make an inspection or investigation of the violation and shall take action as provided in Section 1287 of the Labor Code. (Amended by Stats. 2021, Ch. 666, Sec. 42. (AB 486) Effective January 1, 2022.)
  190. 49181.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Violations [49180 - 49183] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a permit to work is not produced, that is prima facie evidence that the minor is being illegally employed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Violations [49180 - 49183] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 49181. Failure to produce a permit to work is prima facie evidence of the illegal employment of any minor whose permit to work is not produced. (Enacted by Stats. 1976, Ch. 1010.)
  191. 49182.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Violations [49180 - 49183] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Violating this chapter, or employing certain minors in violation of it, is a misdemeanor punishable by a fine, jail time, or both.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Violations [49180 - 49183] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 49182. Any person, firm, corporation, or agent or officer of a firm or corporation, that violates or omits to comply with any of the provisions of this chapter, or that employs or suffers any minor under 18 years of age who is too old to be subject to compulsory full-time school attendance to be employed in violation thereof, is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100), nor more than four hundred dollars ($400), or by imprisonment in the county jail for not more than 60 days, or by both such fine and imprisonment for each and every offense. (Amended by Stats. 1983, Ch. 1092, Sec. 87. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  192. 49183.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Violations [49180 - 49183] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person authorized to sign a minor’s age certificate or work permit must not knowingly certify a false statement in it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Violations [49180 - 49183] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 49183. Every person authorized to sign any certificate of age or any permit to work or to employ which allows employment of any minor during or outside school hours, during a vacation of the public schools, or upon the regular school holiday who knowingly certifies to any false statement therein, is guilty of a misdemeanor, and is punishable by a fine of not less than ten dollars ($10) or more than one hundred dollars ($100), or imprisonment for not more than 30 days, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 88. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  193. 49200.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Permit to Work during Extended Emergency School Closure [49200- 49200.] ( Article 8 added by Stats. 2020, Ch. 64, Sec. 3. )

    Verify source ↗

    During an extended school closure caused by a natural disaster, pandemic, or other emergency, required documentation for this chapter may be collected electronically, and a work permit may not be denied because of a pupil’s grades, GPA, or school attendance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 7. Employment of Minors [49100 - 49200] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Permit to Work during Extended Emergency School Closure [49200- 49200.] ( Article 8 added by Stats. 2020, Ch. 64, Sec. 3. ) ## 49200. (a) Documentation required pursuant to this chapter, including signatures, may be collected electronically during an extended school closure due to a natural disaster, pandemic, or other emergency. (b) A work permit shall not be denied based on a pupil’s grades, grade point average, or school attendance when the pupil’s school has been physically closed for an extended time due to a natural disaster, pandemic, or other emergency. (Added by Stats. 2020, Ch. 64, Sec. 3. (AB 908) Effective September 11, 2020.)
  194. 49300.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. School Safety Patrols [49300 - 49307] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may establish and maintain a school safety patrol, if it follows rules adopted by the State Board of Education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. School Safety Patrols [49300 - 49307] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49300. The governing board of any school district may, subject to such rules and regulations as shall be adopted by the State Board of Education, establish and maintain a school safety patrol in any of the schools of the district for the purpose of assisting school pupils in safely crossing streets and highways adjacent to or near such school. (Enacted by Stats. 1976, Ch. 1010.)
  195. 49301.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. School Safety Patrols [49300 - 49307] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school safety patrol must be made up of pupils in that school, and its members must be supervised and controlled by a qualified district employee designated by the board, subject to stated exceptions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. School Safety Patrols [49300 - 49307] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49301. A school safety patrol established in any school as herein provided shall be composed of pupils attending in such school. The members of the patrol shall be under the supervision and control of a qualified employee of the district designated by the board, except as otherwise provided in Sections 1299, 49472 to 49473, inclusive, 49510 to 49517, inclusive, Article 1 (commencing with Section 49400) to Article 5 (commencing with Section 49470), inclusive, Article 8 (commencing with Section 49500) of Chapter 9 of this part, and this article. The provisions of this section shall not, however, be deemed to require the physical presence of such employee at any particular street or highway location where any such school safety patrol is functioning. (Enacted by Stats. 1976, Ch. 1010.)
  196. 49302.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. School Safety Patrols [49300 - 49307] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The school principal designates school safety patrol members, and a pupil cannot be designated unless both the pupil and the pupil’s legal custodian consent in writing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. School Safety Patrols [49300 - 49307] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49302. The pupils who serve as members of a school safety patrol shall be designated by the principal of the school in which the patrol is established, but no pupil shall be designated to serve on any patrol unless the pupil and the person having legal custody of such pupil consent, in writing, thereto. Upon the revocation, in writing, of the consent of either such pupil or such person, the pupil shall cease to be a member of the patrol. (Enacted by Stats. 1976, Ch. 1010.)
  197. 49303.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. School Safety Patrols [49300 - 49307] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Board of Education may adopt rules and regulations needed to carry out this act, and each school district board may adopt additional rules for school safety patrols if they are not inconsistent with those rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. School Safety Patrols [49300 - 49307] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49303. The State Board of Education is hereby authorized to adopt all rules and regulations necessary to effect the purposes of this act, and the governing board of each school district is hereby authorized to adopt additional rules and regulations not inconsistent therewith governing school safety patrols established under its jurisdiction. (Enacted by Stats. 1976, Ch. 1010.)
  198. 49304.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. School Safety Patrols [49300 - 49307] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School safety patrol members may and must give only traffic signals and directions to help pupils cross streets and highways safely.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. School Safety Patrols [49300 - 49307] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49304. The members of a school safety patrol established hereunder shall be authorized and required only to give traffic signals and directions in order to assist school pupils in safely crossing streets and highways. (Enacted by Stats. 1976, Ch. 1010.)
  199. 49305.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. School Safety Patrols [49300 - 49307] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards may request local police chiefs or the CHP Commissioner to help establish, supervise, and control a school safety patrol.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. School Safety Patrols [49300 - 49307] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49305. The chief of police in each city, and the Commissioner of the California Highway Patrol in unincorporated territory, may upon the request of the governing board of any school district, cooperate in the establishment, supervision and control of a school safety patrol to such extent as may be agreed upon. (Enacted by Stats. 1976, Ch. 1010.)
  200. 49306.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. School Safety Patrols [49300 - 49307] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board may provide hospital and medical care for injuries or disabilities suffered by pupils in a school safety patrol, but a pupil cannot be forced to accept those services if a parent or guardian objects.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. School Safety Patrols [49300 - 49307] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49306. The governing board of a school district which authorizes the establishment of a school safety patrol may provide for adequate hospital and medical attention to care for any injury or disability that may be suffered by any pupil while performing any act within and arising out of his duties as a member of a school safety patrol provided, however, that no pupil shall be compelled to accept such services if his parent or guardian objects. (Enacted by Stats. 1976, Ch. 1010.)

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