Education Code — Part 32 | EDC — United States — California law | Esheria

Education Code

Part 32 of 57 · provisions 6,201–6,400

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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. 49307.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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. )

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    A person must not disregard a traffic signal or direction given by a school safety patrol member.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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. ) ## 49307. Any person who shall disregard any traffic signal or direction given by a member of a school safety patrol, shall be guilty of an infraction and subject to the penalties provided in subdivision (a) of Section 42001 of the Vehicle Code. (Amended by Stats. 1978, Ch. 626.)
  2. 49320.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 2. Basic Work Station [49320- 49320.] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Industrial education classes in elementary and secondary programs cannot have more students than the number of basic work stations available, as set by the local governing board.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 2. Basic Work Station [49320- 49320.] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49320. A basic work station in industrial education is defined as an assigned location where a student normally spends the majority of his class time performing the operational functions necessary to meet the performance objectives and goals of the course, including industrial safety education. For these purposes, the number of students in any industrial education facility or laboratory in elementary and secondary programs shall not exceed the number of basic work stations designed for the number of students assigned, as determined by the local governing board of the school district. (Enacted by Stats. 1976, Ch. 1010.)
  3. 49330.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 3. Injurious Objects [49330 - 49335] ( Article 3 added by Stats. 1979, Ch. 210. )

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    This section defines “injurious object” and “academic purpose,” and excludes ordinary personal possessions or apparel from the definition of “injurious object.”

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 3. Injurious Objects [49330 - 49335] ( Article 3 added by Stats. 1979, Ch. 210. ) ## 49330. (a) (1) As used in this article “injurious object” shall mean those objects specified in the following sections: (A) Section 16250 of the Penal Code. (B) Subdivisions (a) to (d), inclusive of Section 16520 of the Penal Code. (C) Section 16590 of the Penal Code. (D) Section 16880 of the Penal Code. (E) Section 17235 of the Penal Code. (F) Section 17240 of the Penal Code. (G) Section 17250 of the Penal Code. (2) As used in this article, “injurious object” shall also mean objects capable of inflicting substantial bodily damage, not necessary for the academic purpose of the pupil. (b) As used in this section, “academic purpose” means any school sponsored activity or class of instruction scheduled during the schoolday. (c) “Injurious object” does not include any personal possessions or items of apparel which a schoolage child reasonably may be expected either to have in his or her possession or to wear. (Amended by Stats. 2011, Ch. 285, Sec. 5. (AB 1402) Effective January 1, 2012.)
  4. 49331.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 3. Injurious Objects [49330 - 49335] ( Article 3 added by Stats. 1979, Ch. 210. )

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    Certain school employees may take an injurious object from a pupil on school premises or while under school personnel 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 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Injurious Objects [49330 - 49335] ( Article 3 added by Stats. 1979, Ch. 210. ) ## 49331. Any certificated employee of any school district and any classified employee of a school district who is designated by the governing board for such purposes may take from the personal possession of any pupil upon school premises or while under the authority of school personnel any injurious object in the possession of the pupil. (Added by Stats. 1979, Ch. 210.)
  5. 49332.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 3. Injurious Objects [49330 - 49335] ( Article 3 added by Stats. 1979, Ch. 210. )

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    School personnel may notify a pupil’s parent or guardian when an injurious object is taken, and may keep the object in protective possession under the section’s 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 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Injurious Objects [49330 - 49335] ( Article 3 added by Stats. 1979, Ch. 210. ) ## 49332. The parent or guardian of a pupil from whom an injurious object has been taken pursuant to this section may be notified by school personnel of the taking. School personnel may retain protective possession of any injurious object taken pursuant to this section until the risk of its use as a weapon has dissipated, unless prior to dissipation of the risk, the parent or guardian requests that the school personnel retain the object, in which case, the school personnel shall retain the object until the parent or guardian or another adult with the written consent of the parent or guardian appears personally to take possession of the injurious object from the school personnel. (Added by Stats. 1979, Ch. 210.)
  6. 49333.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 3. Injurious Objects [49330 - 49335] ( Article 3 added by Stats. 1979, Ch. 210. )

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    A pupil who brings an injurious object to school may get it back at the end of the school day if the pupil gives it to a certificated or classified employee and the object may be lawfully possessed off school grounds.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 3. Injurious Objects [49330 - 49335] ( Article 3 added by Stats. 1979, Ch. 210. ) ## 49333. Notwithstanding Section 49332, a pupil who brings an injurious object to school, and who presents the object to a certificated or classified employee, may have the object returned to him or her at the conclusion of the school day, provided such injurious object may be lawfully possessed off school grounds. (Added by Stats. 1979, Ch. 210.)
  7. 49334.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 3. Injurious Objects [49330 - 49335] ( Article 3 added by Stats. 1979, Ch. 210. )

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    A school employee who first notifies law enforcement about an injurious object on school premises or under school authority is protected from civil, administrative, or disciplinary proceedings for violating local notification 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 3. Injurious Objects [49330 - 49335] ( Article 3 added by Stats. 1979, Ch. 210. ) ## 49334. If a school employee initially notifies a law enforcement agency regarding a student or adult who possesses an injurious object while upon school premises or while under the authority of school personnel, the employee may not be subject to any civil or administrative proceeding, including any disciplinary action, for violation of any local policy or procedure relating to the notification of a law enforcement agency. The employee shall conform to locally adopted procedures after exercising his or her personal option to notify a law enforcement agency. (Added by Stats. 1986, Ch. 469, Sec. 1.)
  8. 49335.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 3. Injurious Objects [49330 - 49335] ( Article 3 added by Stats. 1979, Ch. 210. )

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    The Superintendent of Public Instruction must adopt a system by April 1, 2001 to protect the identity and safety of pupils who report injurious objects on certain school campuses.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 3. Injurious Objects [49330 - 49335] ( Article 3 added by Stats. 1979, Ch. 210. ) ## 49335. On or before April 1, 2001, the Superintendent of Public Instruction shall adopt a system that will shield the identity and provide protection to pupils who report the presence of injurious objects on school campuses that offer instruction in kindergarten and any of grades 1 to 12, inclusive. (Added by Stats. 2000, Ch. 265, Sec. 1. Effective January 1, 2001.)
  9. 49340.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 4. Hazardous Materials Education [49340 - 49341] ( Article 4 added by Stats. 1982, Ch. 785, Sec. 1. )

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    This article is named the California Hazardous Materials Education Act of 1982 and may be cited by that name.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 4. Hazardous Materials Education [49340 - 49341] ( Article 4 added by Stats. 1982, Ch. 785, Sec. 1. ) ## 49340. This article shall be known and may be cited as the California Hazardous Materials Education Act of 1982. (Added by Stats. 1982, Ch. 785, Sec. 1.)
  10. 49341.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 4. Hazardous Materials Education [49340 - 49341] ( Article 4 added by Stats. 1982, Ch. 785, Sec. 1. )

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    The section says school laboratories pose safety risks from hazardous materials and urges better training and procedures for laboratory safety.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 4. Hazardous Materials Education [49340 - 49341] ( Article 4 added by Stats. 1982, Ch. 785, Sec. 1. ) ## 49341. The Legislature hereby finds and declares as follows: (a) Because school science laboratories pose a potentially serious threat to the health and safety of school pupils and school personnel due to the use and storage of hazardous materials in these laboratories, educational efforts are needed to increase the awareness of persons dealing with these materials in these settings so that possible losses of life, injuries, losses of property, and social disruption, which could result from the improper and unsafe use of hazardous materials, will be minimized. (b) Effective safety in school laboratories requires informed judgment, decisionmaking, and operating procedures by those responsible for laboratory and related instruction. It is desirable that each high school and junior high, middle, or elementary school offering laboratory work have a trained member of the professional staff who is designated as the building laboratory consultant and who is responsible for the review, updating, and carrying out of the school’s adopted procedures for laboratory safety. (c) Efforts by state and local agencies to implement training programs designed to provide qualified individuals with the necessary information, organizational skills, and materials to assist schools and teachers in the development of their laboratory safety policies and procedures are nonexistent or inadequate, and it is necessary that this situation be remedied. The state should assume leadership through the policy and guidance of the State Department of Education in the development, support, and implementation of a statewide training program. (d) The Legislature requests that the State Department of Education consider making this program a part of the department’s energy and environmental education program that is conducted pursuant to Chapter 4 (commencing with Section 8700) of Part 6. (Amended by Stats. 2005, Ch. 22, Sec. 41. Effective January 1, 2006.)
  11. 49370.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 6. Reporting of Missing Children [49370- 49370.] ( Article 6 added by Stats. 1999, Ch. 1013, Sec. 3. )

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    This section says the article is intended to require certain school-related workers to report missing children to law enforcement promptly.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 6. Reporting of Missing Children [49370- 49370.] ( Article 6 added by Stats. 1999, Ch. 1013, Sec. 3. ) ## 49370. The Legislature hereby declares its intent in enacting this article to require that specified persons, including school teachers, school administrators, school aides, school playground workers, and school bus drivers, report missing children to a law enforcement agency in a timely manner, in order to provide those children a necessary level of protection when they are at serious risk. (Added by Stats. 1999, Ch. 1013, Sec. 3. Effective January 1, 2000.)
  12. 49380.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 7. Sexual Abuse and Sex Trafficking Prevention [49380 - 49381] ( Article 7 added by Stats. 2014, Ch. 713, Sec. 2. )

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    School districts are encouraged to work with outside consultants and law enforcement on sexual abuse and sex trafficking prevention, including safety plans and referral protocols. In-service training may also be conducted periodically for school district personnel.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 7. Sexual Abuse and Sex Trafficking Prevention [49380 - 49381] ( Article 7 added by Stats. 2014, Ch. 713, Sec. 2. ) ## 49380. (a) A school district is encouraged to collaborate with outside consultants, including law enforcement, with expertise in sexual abuse and sex trafficking prevention education in order to create a school safety plan to address the threat of sexual abuse and sex trafficking. (b) A school district is encouraged to collaborate with law enforcement on a referral protocol for high-risk pupils and minors. (c) In-service training may be conducted periodically to enable school district personnel to learn about new developments in the understanding of sexual abuse and sex trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of sexual abuse and sex trafficking of pupils and minors. (Added by Stats. 2014, Ch. 713, Sec. 2. (SB 1165) Effective January 1, 2015.)
  13. 49381.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 7. Sexual Abuse and Sex Trafficking Prevention [49380 - 49381] ( Article 7 added by Stats. 2014, Ch. 713, Sec. 2. )

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    School district governing boards and charter school governing bodies must work with grades 6–12 schools to identify the best way to inform parents and guardians about human trafficking prevention resources, and then implement those methods by January 1, 2020.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 7. Sexual Abuse and Sex Trafficking Prevention [49380 - 49381] ( Article 7 added by Stats. 2014, Ch. 713, Sec. 2. ) ## 49381. (a) The governing board of a school district and the governing body of a charter school shall work with their schools that maintain any of grades 6 to 12, inclusive, to identify the most appropriate methods of informing parents and guardians of pupils in those grades of human trafficking prevention resources. (b) The governing board of a school district and the governing body of a charter school shall implement the methods identified pursuant to subdivision (a) in their schools that maintain any of grades 6 to 12, inclusive, by January 1, 2020. (Added by Stats. 2018, Ch. 848, Sec. 1. (SB 1104) Effective January 1, 2019.)
  14. 49390.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 8. Threats of Homicide at School [49390 - 49395] ( Article 8 added by Stats. 2022, Ch. 144, Sec. 1. )

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    This section defines key terms used in the article on threats of homicide at 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 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Threats of Homicide at School [49390 - 49395] ( Article 8 added by Stats. 2022, Ch. 144, Sec. 1. ) ## 49390. For purposes of this article, unless the context requires otherwise, the following definitions apply: (a) “Law enforcement” means any of the following: (1) A peace officer employed or contracted by a school, school district, or local educational agency for school safety purposes. (2) A police or security department of a local educational agency. (3) A local law enforcement agency or agencies with geographic jurisdiction over a local educational agency. (b) “Local educational agency” means a school district, county office of education, or charter school serving pupils in any of grades 6 to 12, inclusive, as part of a middle school or high school. (c) “Reasonable suspicion” means articulable facts, together with rational inferences from those facts, warranting an objective suspicion. (d) “School official” means any certificated or classified employee of a local educational agency or member of the school district governing board, county board of education, or governing body of a charter school whose official duties bring the individual in contact with pupils in any of grades 6 to 12, inclusive, as part of a middle school or high school, on a regular basis. (e) “Threat or perceived threat” means any writing or action of a pupil that creates a reasonable suspicion that the pupil is preparing to commit a homicidal act related to school or a school activity. This may include possession, use, or depictions of firearms, ammunition, shootings, or targets in association with infliction of physical harm, destruction, or death in a social media post, journal, class note, or other media associated with the pupil. It may also include a warning by a parent, pupil, or other individual. (Added by Stats. 2022, Ch. 144, Sec. 1. (SB 906) Effective January 1, 2023.)
  15. 49391.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 8. Threats of Homicide at School [49390 - 49395] ( Article 8 added by Stats. 2022, Ch. 144, Sec. 1. )

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    The department must develop model content about child access prevention laws and safe firearm storage, and update it yearly.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 8. Threats of Homicide at School [49390 - 49395] ( Article 8 added by Stats. 2022, Ch. 144, Sec. 1. ) ## 49391. (a) (1) On or before July 1, 2023, the department shall develop model content, in consultation with relevant local educational agencies, civil rights groups, and the Department of Justice. (2) The model content developed pursuant to paragraph (1) shall include, at a minimum, content that informs parents or guardians 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. (b) The department shall update the model content on a yearly basis as necessary to reflect any changes in law. (Added by Stats. 2022, Ch. 144, Sec. 1. (SB 906) Effective January 1, 2023.)
  16. 49392.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 8. Threats of Homicide at School [49390 - 49395] ( Article 8 added by Stats. 2022, Ch. 144, Sec. 1. )

    Verify source ↗

    Local educational agencies serving K–12 pupils must include firearm safe-storage information in the annual parent/guardian notification, starting with the 2023–24 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 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Threats of Homicide at School [49390 - 49395] ( Article 8 added by Stats. 2022, Ch. 144, Sec. 1. ) ## 49392. (a) Commencing with the 2023–24 school year, and each school year thereafter, a local educational agency serving pupils in kindergarten or any of grades 1 to 12, inclusive, shall, informed by the model content developed by the department pursuant to Section 49391, include in the annual notification pursuant to Section 48980, to the parents or guardians of pupils in kindergarten or any of grades 1 to 12, inclusive, information related to the safe storage of firearms. (b) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2022, Ch. 144, Sec. 1. (SB 906) Effective January 1, 2023.)
  17. 49393.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 8. Threats of Homicide at School [49390 - 49395] ( Article 8 added by Stats. 2022, Ch. 144, Sec. 1. )

    Verify source ↗

    School officials must immediately report any threat or perceived threat to law enforcement and include related evidence; law enforcement must keep a record of reports 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 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Threats of Homicide at School [49390 - 49395] ( Article 8 added by Stats. 2022, Ch. 144, Sec. 1. ) ## 49393. (a) A school official who is alerted to or observes any threat or perceived threat, as described in subdivision (e) of Section 49390, shall immediately report the threat or perceived threat to law enforcement. The report shall include copies of any documentary or other evidence associated with the threat or perceived threat. (b) When two or more school officials jointly have an obligation to report pursuant to subdivision (a), and when there is agreement among them, the report required by this section may be made by any of them in a single report. A school official who has knowledge that the designated reporting school official has failed to make the single report shall thereafter make the report. (c) Law enforcement shall keep a record of any report received pursuant to this section. (Added by Stats. 2022, Ch. 144, Sec. 1. (SB 906) Effective January 1, 2023.)
  18. 49394.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 8. Threats of Homicide at School [49390 - 49395] ( Article 8 added by Stats. 2022, Ch. 144, Sec. 1. )

    Verify source ↗

    After the specified notification, the local law enforcement agency or schoolsite police must immediately investigate and assess the threat, with support from the local educational agency.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 8. Threats of Homicide at School [49390 - 49395] ( Article 8 added by Stats. 2022, Ch. 144, Sec. 1. ) ## 49394. (a) Upon the notification described in Section 49393, the local law enforcement agency or the schoolsite police, as described in paragraphs (1) and (2) of subdivision (a) of Section 49390, as appropriate, with the support of the local educational agency, shall immediately conduct an investigation and assessment of any threat or perceived threat described in subdivision (e) of Section 49390. (b) The investigation and threat assessment under subdivision (a) shall include a review of the firearm registry of the Department of Justice. (c) The investigation and threat assessment under subdivision (a) shall include a search conducted at the schoolsite, only if the search is justified by a reasonable suspicion that it would produce evidence related to the threat or perceived threat. (Added by Stats. 2022, Ch. 144, Sec. 1. (SB 906) Effective January 1, 2023.)
  19. 49395.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [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 8. Threats of Homicide at School [49390 - 49395] ( Article 8 added by Stats. 2022, Ch. 144, Sec. 1. )

    Verify source ↗

    Local educational agencies and their schools covered by this article are immune from civil liability for damages tied to the article’s 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 8. Pupil Safety [49300 - 49395] ( Chapter 8 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Threats of Homicide at School [49390 - 49395] ( Article 8 added by Stats. 2022, Ch. 144, Sec. 1. ) ## 49395. A local educational agency serving pupils in kindergarten or any of grades 1 to 12, inclusive, and a school of a local educational agency, is immune from civil liability for any damages allegedly caused by, arising out of, or relating to the requirements of this article. (Added by Stats. 2022, Ch. 144, Sec. 1. (SB 906) Effective January 1, 2023.)
  20. 49400.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district’s governing board must give diligent care to pupils’ health and physical development, and may hire properly certified persons to do that work.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49400. The governing board of any school district shall give diligent care to the health and physical development of pupils, and may employ properly certified persons for the work. (Enacted by Stats. 1976, Ch. 1010.)
  21. 49401.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may request consultation services to help ensure hazardous materials are used and stored safely in school laboratories.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49401.5. (a) It is the intent of the Legislature in enacting this section to express its concern for the health and safety of school pupils and school personnel at schools where hazardous materials are stored on the school premises, and to encourage school districts to take steps to ensure hazardous materials are properly used and stored. (b) The governing board of any school district may request consultation services from the California Occupational Safety and Health Consultation Service to ensure hazardous materials are being used and stored safely in school laboratories. (Added by Stats. 1982, Ch. 785, Sec. 2.)
  22. 49402.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards may contract with a city, county, or local health district for certain health functions, and the payment terms must be set by agreement in the contract.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49402. Contracts between any city, county, or local health district and the governing board of any school district located wholly or partially within such city, county, or local health district for the performance by the health officers or other employees of the health department of such city, county, or local health district of any or all of the functions and duties set forth in this chapter, Section 49404, and in Article 1 (commencing with Section 49300) of Chapter 8 of this part relating to health supervision of school buildings and pupils are hereby authorized. In any such contracts the consideration shall be such as may be agreed upon by the governing board and the city, county, or local health district and shall be paid by the governing board at such times as shall be specified in the contract. This section shall not apply to any district which is under the control of a governing board which has under its control a district or districts having a total average daily attendance of 100,000 or more pupils. (Enacted by Stats. 1976, Ch. 1010.)
  23. 49403.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district boards must cooperate with local health officers on communicable disease control, and may support school immunization programs and allow certain health practitioners to give immunizing agents with written parental consent and required supervision.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49403. (a) Notwithstanding any other law, the governing board of a school district shall cooperate with the local health officer in measures necessary for the prevention and control of communicable diseases in schoolage children. For that purpose, the board may use any funds, property, and personnel of the district, and may permit a licensed physician and surgeon, or a health care practitioner listed in subdivision (b) who is acting under the direction of a supervising physician and surgeon, to administer an immunizing agent to a pupil whose parent or guardian has consented in writing to the administration of the immunizing agent. (b) (1) The following health care practitioners, acting under the direction of a supervising physician and surgeon, may administer an immunizing agent within the course of a school immunization program: (A) A physician assistant. (B) A nurse practitioner. (C) A registered nurse. (D) A licensed vocational nurse. (E) A nursing student who is acting under the supervision of a registered nurse, in accordance with applicable provisions of law. (2) A health care practitioner’s authority to administer an immunizing agent pursuant to this subdivision is subject to the following conditions: (A) The administration of an immunizing agent is upon the standing orders of a supervising physician and surgeon and in accordance with any written regulations that the State Department of Public Health may adopt. (B) The school nurse is notified and he or she maintains control, as necessary, as supervisor of health in accordance with Sections 44871, 44877, 49422, and subdivision (a) of Section 49426. (C) The health care practitioner may only administer immunizations for the prevention and control of any of the following: (i) Annual seasonal influenza. (ii) Influenza pandemic episodes. (iii) Other diseases that represent a current or potential outbreak as declared by a federal, state, or local public health officer. (c) As used in this section, “supervising physician and surgeon” means the physician and surgeon of the local health department or school district that is directing the school immunization program. (d) While nothing in this section shall be construed to require the physical presence of the supervising physician and surgeon, the supervising physician and surgeon shall require a health care practitioner under his or her direction to do both of the following: (1) Satisfactorily demonstrate competence in the administration of the immunizing agent, including knowledge of all indications and contraindications for the administration of the agent, and the recognition and treatment of emergency reactions to the agent that constitute a danger to the health or life of the person receiving the immunization. (2) Possess the medications and equipment that are required, in the medical judgment of the supervising physician and surgeon, to treat any emergency conditions and reactions caused by the immunizing agents that constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer the medications and use the equipment as necessary. (e) It is the intent of the Legislature to encourage school-based immunization programs, when feasible, to use the California Immunization Registry to assist providers to track patient records, reduce missed opportunities, and to help fully immunize all children in California. (Amended by Stats. 2010, Ch. 203, Sec. 1. (AB 1937) Effective August 27, 2010.)
  24. 49405.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Department of Health Services directs smallpox control, and school or local health authorities may not adopt vaccination rules or 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49405. The control of smallpox is under the direction of the State Department of Health Services, and no rule or regulation on the subject of vaccination shall be adopted by school or local health authorities. (Amended by Stats. 1981, Ch. 714, Sec. 93.)
  25. 49406.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district employees, certain contractors, and volunteers must meet tuberculosis screening and certification requirements, with some exceptions and district discretion.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49406. (a) (1) (A) Except as provided in subdivision (j), a person shall not be initially employed by a school district, or employed under contract, in a certificated or classified position unless the person has submitted to a tuberculosis risk assessment within the past 60 days, and, if tuberculosis risk factors are identified, has been examined to determine that the person is free of infectious tuberculosis by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, or a nurse practitioner practicing in compliance with Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code. If no risk factors are identified, an examination is not required. A person who is subject to the requirements of this subdivision may submit to an examination that complies with subparagraph (B) instead of submitting to a tuberculosis risk assessment. (B) The examination required by this subdivision shall consist of either an approved intradermal tuberculin test or any other test for tuberculosis infection that is recommended by the federal Centers for Disease Control and Prevention (CDC) and licensed by the federal Food and Drug Administration (FDA). If the test is positive, the test shall be followed by an X-ray of the lungs in accordance with subdivision (f) of Section 120115 of the Health and Safety Code. (2) The X-ray may be taken by a competent and qualified X-ray technician if the X-ray is subsequently interpreted by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (3) The district superintendent of schools or their designee may exempt, for a period not to exceed 60 days following termination of the pregnancy, a pregnant employee from the requirement that a positive test for tuberculosis infection be followed by an X-ray of the lungs. (b) Thereafter, an employee who has no identified risk factors or who tests negative for the tuberculosis infection shall be required to undergo the tuberculosis risk assessment and, if risk factors are identified, the examination, at least once every four years or more often if directed by the governing board of the school district upon recommendation of the local health officer. Once an employee has a documented positive test for tuberculosis infection conducted pursuant to this subdivision that has been followed by an X-ray, the tuberculosis risk assessment is no longer required. A referral shall be made within 30 days of completion of the examination to the local health officer to determine the need for followup care. (c) After the tuberculosis risk assessment and, if indicated, the examination, the employee shall file with the district superintendent of schools a certificate from the examining physician and surgeon, physician assistant, or nurse practitioner showing the employee was examined and found free from infectious tuberculosis. The county board of education may require, by rule, that the certificates be filed in the office of the county superintendent of schools or maintained in the office of the county superintendent of schools if a majority of the governing boards of the school districts within the county petition the county board of education. A school district, or school districts with a common governing board, having an average daily attendance of 60,000 or more may elect to maintain the files for its employees in that school district. (d) As used in this section, “certificate” means a certificate signed by the examining physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, or a nurse practitioner practicing in compliance with Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or a notice from a public health agency that indicates freedom from infectious tuberculosis. The latter, regardless of form, shall constitute evidence of compliance with this section. (e) Nothing in this section shall prevent the governing board of a school district, upon recommendation of the local health officer, from establishing a rule requiring a more extensive or more frequent physical examination than required by this section. The rule shall provide for reimbursement on the same basis as required in this section. (f) The tuberculosis risk assessment and, if indicated, the examination is a condition of initial employment and the expense shall be borne by the applicant unless otherwise provided by rules of the governing board of the school district. However, the governing board of a school district may, if an applicant is accepted for employment, reimburse that person in a like manner prescribed in this section for employees. (g) The governing board of a school district shall reimburse the employee for the cost, if any, of the tuberculosis risk assessment and the examination. The governing board of a school district may provide for the tuberculosis risk assessment and examination required by this section or may establish a reasonable fee for the examination that is reimbursable to employees of the school district complying with this section. (h) At the discretion of the governing board of a school district, this section shall not apply to those employees not requiring certification qualifications who are employed for any period of time less than a school year whose functions do not require frequent or prolonged contact with pupils. (i) If the governing board of a school district determines by resolution, after hearing, that the health of pupils in the school district would not be jeopardized, this section shall not apply to an employee of the school district who files an affidavit stating that the employee adheres to the faith or teachings of a well-recognized religious sect, denomination, or organization and, in accordance with its creed, tenets, or principles, depends for healing upon prayer in the practice of religion, and that to the best of the employee’s knowledge and belief, the employee is free from infectious tuberculosis. If at any time there is probable cause to believe that the affiant is afflicted with infectious tuberculosis, the employee may be excluded from service until the governing board of the school district is satisfied that the employee is not afflicted. (j) A person who transfers employment from one school or school district to another school or school district shall be deemed to meet the requirements of subdivision (a) if that person can produce a certificate that shows the person was found to be free of infectious tuberculosis within 60 days of initial hire, or the school previously employing the person verifies that the person has a certificate on file showing that the person is free from infectious tuberculosis. (k) A person who transfers their employment from a private or parochial elementary school, secondary school, or nursery school to a school or school district subject to this section shall be deemed to meet the requirements of subdivision (a) if that person can produce a certificate as provided for in Section 121525 of the Health and Safety Code that shows that they were found to be free of infectious tuberculosis within 60 days of initial hire, or if the school previously employing the person verifies that the person has a certificate on file showing that the person is free from infectious tuberculosis. (l) (1) A governing board, county superintendent of schools, or governing body of a charter school providing for the transportation of pupils under contract authorized by Section 39800, 39801, or any other provision of law shall require as a condition of the contract the tuberculosis risk assessment and, if indicated, the examination for infectious tuberculosis within 60 days of initial hire, as provided by subdivision (a), of all drivers transporting pupils for compensation. (2) At the discretion of the governing board, county superintendent of schools, or governing body of a charter school, paragraph (1) shall not apply to a private contracted driver who transports pupils infrequently and without prolonged contact with the pupils before July 1, 2025. (m) A volunteer in a school shall also be required to have on file with the school a certificate showing that, upon initial volunteer assignment, the person submitted to a tuberculosis risk assessment and, if tuberculosis risk factors were identified, was examined and found to be free of infectious tuberculosis. If no risk factors are identified, an examination is not required. At the discretion of the governing board of a school district, this section shall not apply to a volunteer whose functions do not require frequent or prolonged contact with pupils. (n) The State Department of Public Health, in consultation with the California Tuberculosis Controllers Association, shall develop a risk assessment questionnaire, to be used to conduct tuberculosis risk assessments pursuant to this section. The risk assessment questionnaire shall be administered by a health care provider, which shall be specified on the questionnaire. This risk assessment questionnaire shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2023, Ch. 380, Sec. 3. (SB 88) Effective January 1, 2024.)
  26. 49407.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts and related staff, physicians, and hospitals are not liable for reasonable treatment of an enrolled child without parental consent when the child is ill or injured at school, needs reasonable medical treatment, and a parent or guardian cannot be reached, unless there is a prior written objection to treatment other than first aid.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49407. Notwithstanding any provision of any law, no school district, officer of any school district, school principal, physician, or hospital treating any child enrolled in any school in any district shall be held liable for the reasonable treatment of a child without the consent of a parent or guardian of the child when the child is ill or injured during regular school hours, requires reasonable medical treatment, and the parent or guardian cannot be reached, unless the parent or guardian has previously filed with the school district a written objection to any medical treatment other than first aid. (Enacted by Stats. 1976, Ch. 1010.)
  27. 49408.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may require a pupil’s parent or legal guardian to keep emergency contact information current at the pupil’s 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49408. For the protection of a pupil’s health and welfare, the governing board of a school district may require the parent or legal guardian of a pupil to keep current at the pupil’s school of attendance, emergency information including the home address and telephone number, business address and telephone number of the parents or guardian, and the name, address and telephone number of a relative or friend who is authorized to care for the pupil in any emergency situation if the parent or legal guardian cannot be reached. (Enacted by Stats. 1976, Ch. 1010.)
  28. 49409.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A physician and surgeon who acts in good faith and without pay to give voluntary emergency aid at a school athletic event or contest is not liable for civil damages, unless the act or omission amounts to gross negligence.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49409. Notwithstanding any provision of any law, no physician and surgeon who in good faith and without compensation renders voluntary emergency medical assistance to a participant in a school athletic event or contest at the site thereof, or during transportation to a health care facility, for an injury suffered in the course of the event or contest, shall be liable for any civil damages as a result of any acts or omissions by the physician and surgeon in rendering the emergency medical care. The immunity granted by this paragraph shall not apply in the event of an act or omission constituting gross negligence. (Added by Stats. 1978, Ch. 547.)
  29. 49410.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says asbestos can be harmful in schools and defines key terms used for asbestos, asbestos materials, and a health hazard.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49410. (a) The Legislature finds that: (1) There is substantial scientific and medical evidence that human exposure to asbestos fibers significantly increases the likelihood of contracting cancer and other debilitating or fatal diseases such as asbestosis. (2) Medical and epidemiological evidence suggests that children exposed to asbestos fibers may be especially susceptible to the environmentally induced diseases associated with the exposure. (3) Substantial amounts of asbestos materials were used in school construction during the period from 1946 through 1973 for fireproofing, soundproofing, decoration, and other purposes. (4) When these materials age, deteriorate, or become damaged or friable, they release asbestos fibers into the ambient air. This can result in the exposure of school children and school employees to potentially dangerous levels of asbestos fibers. (5) The presence of asbestos in the air in concentrations far exceeding the normal ambient levels has been found in schools, especially where the asbestos materials have reached a damaged, deteriorated, or disturbed state as a result of abuse, abrasion, water leakage, or forced air circulation. (6) In view of the fact that the State of California has compulsory attendance laws for children of school age, and these children must be educated in a safe and healthy environment, the hazard presented by asbestos materials in the schools is of special concern to the Legislature. (b) As a result of the findings in subdivision (a), it is the intent of the Legislature to provide for the safe and expeditious containment or removal of asbestos materials posing a hazard to health in schools. (c) As used in this section and Sections 49410.2 and 49410.5, the following terms have the following meanings: (1) “Asbestos” means naturally occurring hydrated mineral silicates separable into commercially used fibers: specifically chrysotile, amosite, crocidolite, tremolite, anthrophyllite, and actinolite. (2) “Asbestos materials” means materials formed by mixing asbestos fibers with other products, including, but not limited to, rock wool, plaster, cellulose, clay, vermiculite, perlite, and a variety of adhesives. Some of these materials may be sprayed on surfaces or applied to surfaces in the form of plaster or a textured paint. (3) “Hazard to health” means that the asbestos material is loose, friable, flaking, or dusting, or is likely to become so within the service life of the material in place. (Repealed and added by Stats. 1984, Ch. 1751, Sec. 7. Effective September 30, 1984.)
  30. 49410.2.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts and county offices of education may apply to the State Allocation Board for funds to contain or remove asbestos materials that pose a health hazard.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49410.2. School districts and county offices of education may apply to the State Allocation Board pursuant to Section 39619.6 for funds for the purposes of containment or removal of asbestos materials posing a hazard to health. (Added by Stats. 1984, Ch. 1751, Sec. 8. Effective September 30, 1984.)
  31. 49410.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Allocation Board must keep application information about asbestos-related inspection, testing, encapsulation, or removal costs. School districts must follow EPA-suggested guidelines for asbestos work.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49410.5. (a) The State Allocation Board shall retain all information provided by school districts making application for funds pursuant to Sections 39619.6, 39619.7, and 39619.8 regarding the actual or estimated cost of inspection and testing for, and encapsulation or removal of, asbestos. (b) The Legislature finds and declares that: (1) Federal moneys may be made available to reimburse schools for costs related to asbestos inspection, testing, encapsulation, and removal, and that the distribution of these moneys will be expedited by the early collection of these data. (2) School districts shall comply with guidelines suggested by the Environmental Protection Agency for the purposes of inspection and testing for asbestos materials, and for the protection and safety of workers and all other individuals during the encapsulation and removal of asbestos. (Added by Stats. 1984, Ch. 1751, Sec. 9. Effective September 30, 1984.)
  32. 49410.7.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Public school buildings with identified friable asbestos must be air-monitored, and buildings with asbestos abatement work may not be reoccupied until monitoring shows asbestos is below the subdivision (a) standard.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49410.7. (a) For purposes of funding pursuant to Section 39619.9, the factors determining the need for abatement of friable asbestos or potentially friable asbestos shall include, but not be limited to, visual inspection and bulk samples and air monitoring showing an airborne concentration of asbestos in the school building in excess of the standard 0.01 fibers/cc by Transmission Electron Microscopy (TEM) monitoring, as specified in subdivision (b), or the concurrently measured concentration of asbestos in the ambient air immediately adjacent to the building, whichever is higher. For purposes of reconstruction and rehabilitation projects approved pursuant to Chapter 22 (commencing with Section 17700) of Part 10 of the Education Code, for which asbestos abatement related work commenced on or after October 2, 1985, and for purposes of abating asbestos contained in pipe and block insulation, air monitoring shall not be required to determine the need for abatement of friable asbestos or potentially friable asbestos. (b) For purposes of air monitoring, the operating agency for each public school building in which friable asbestos-containing materials (other than pipe and block insulation or materials to be abated during rehabilitation or reconstruction projects as specified in subdivision (a)) have been identified shall monitor airborne asbestos levels in each sampling area. Each sampling area in which asbestos-containing materials have been identified shall be monitored for at least eight hours during a period of normal building activity. Analysis of samples shall be by Transmission Electron Microscopy (TEM) methods, in accordance with the Environmental Protection Agency provisional method and update, to measure the number of observable asbestos fibers. The results of this monitoring shall be recorded in terms of the number of visible fibers greater than 1 micron in length per cubic centimeter of air (f/cc) in accord with standard definitions for asbestos monitoring established by the Occupational Safety and Health Administration. “Sampling area,” as used in this section, means any area, whether contiguous or not, within a building that contains friable material that is homogenous in texture and appearance. (c) Any public primary or secondary school building in which asbestos abatement work has been performed shall not be reoccupied until air monitoring has been conducted to show that the airborne concentration of asbestos does not exceed the air monitoring standard of subdivision (a). Not less than one month after the reoccupancy of the school building where asbestos abatement work has occurred, the building shall be remonitored to determine compliance with subdivision (b). (d) “School building,” as used in this section, means any of the following: (1) Structures used for the instruction of public school children, including classrooms, laboratories, libraries, research facilities, and administrative facilities. (2) School eating facilities and school kitchens. (3) Gymnasiums or other facilities used for athletic or recreational activities or for courses in physical education. (4) Dormitories or other living areas of residential schools. (5) Maintenance, storage, or utility facilities essential to the operation of the facilities described in paragraphs (1) to (4). (e) School districts and county offices of education may apply for reimbursement from the Asbestos Abatement Fund for the costs of air monitoring completed pursuant to this section. (Amended by Stats. 1987, Ch. 1254, Sec. 1. Effective September 27, 1987.)
  33. 49411.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    School education authorities must create chemical safety guidance and listings for school program chemicals, and county superintendents may run or allow disposal systems.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49411. (a) The State Department of Education, in cooperation with the Division of Occupational Safety and Health within the Department of Industrial Relations, shall formulate a listing of chemical compounds used in school programs that includes the potential hazards and estimated shelf life of each compound. (b) The Superintendent of Public Instruction, in cooperation with the Division of Occupational Safety and Health within the Department of Industrial Relations, shall develop guidelines for school districts for the regular removal and disposal of all chemicals whose estimated shelf life has elapsed. (c) The county superintendent of schools may implement a system for disposing of chemicals from schools within the county or may permit school districts to arrange for the disposal of the chemicals. (Amended by Stats. 1994, Ch. 840, Sec. 23. Effective January 1, 1995.)
  34. 49412.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Counties and school districts must first consider using credentialed school nurses and school nurse practitioners when spending certain tobacco surtax health funds, with a limited exception.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49412. (a) Except as provided in subdivision (b), counties and school districts, in the utilization of funds allocated pursuant to any appropriation from any account in the Cigarette and Tobacco Products Surtax Fund for the provision of health care to school populations, shall give initial consideration to the use of those of credentialed school nurses and school nurse practitioners employed by the school districts, to the extent those services are within the scope of practice of those nurses, and to the extent these purposes are consistent with the Tobacco Tax and Health Protection Act of 1988 and Chapter 1331 of the Statutes of 1989. (b) Subdivision (a) does not apply to funds appropriated from the Health Education Account in the Cigarette and Tobacco Products Surtax Fund, except for purposes of providing health screenings through the Child Health and Disability Prevention Screening program. (c) Any county which, after the initial consideration regarding the utilization of funds, as required by subdivision (a), elects to utilize funds to which subdivisions (a) and (b) apply for the credentialed school nurses and school nurse practitioners employed by school districts may allocate those funds to the school districts for those purposes. (Added by Stats. 1990, Ch. 51, Sec. 1. Effective April 18, 1990.)
  35. 49413.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts and schools may offer first aid or CPR training programs for pupils and employees, and any program developed must follow listed guidelines.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49413. (a) The Legislature recognizes the importance of first aid and cardiopulmonary resuscitation training. In enacting this section, it is the intent of the Legislature to encourage school districts and schools, individually or jointly, to develop a program whereby their staff and pupils understand the importance of this training and have an appropriate opportunity to develop these skills. (b) A school district or school, individually or jointly with another school district or school, may provide a comprehensive program in first aid or cardiopulmonary resuscitation (CPR) training, or both, to pupils and employees. The program shall be developed using the following guidelines: (1) The school district or school collaborates with existing local resources, including, but not limited to, parent teacher associations, hospitals, school nurses, fire departments, and other local agencies that promote safety, to make first aid or CPR training, or both, available to the pupils and employees of the school district or school. (2) Each school district that develops a program, or the school district that has jurisdiction over a school that develops a program, compiles a list of resources for first aid or CPR information, to be distributed to all of the schools in the district. (3) The first aid and CPR training are based on standards that are at least equivalent to the standards currently used by the American Red Cross or the American Heart Association. (Amended by Stats. 2001, Ch. 750, Sec. 11. Effective January 1, 2002.)
  36. 49414.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School agencies must provide and maintain emergency epinephrine delivery systems at schoolsites, train and notify staff, and support volunteer responders; private schools may choose whether to make these systems available.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49414. (a) Local educational agencies shall provide emergency epinephrine delivery systems, to be stored at each schoolsite, including at the location of any childcare program operated by or under contract with the local educational agency, in an accessible location upon need for emergency use, to school nurses or trained personnel who have volunteered pursuant to subdivision (d), or to childcare employees who have volunteered, received training, and are subject to liability limitations pursuant to Section 1596.7985 of the Health and Safety Code, and school nurses, trained personnel, and childcare employees may use epinephrine delivery systems to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. (b) For purposes of this section, the following definitions apply: (1) “Anaphylaxis” means a potentially life-threatening hypersensitivity to a substance. (A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. (B) Causes of anaphylaxis may include, but are not limited to, an insect sting, a food allergy, a drug reaction, or exercise. (2) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. (3) “Childcare program” means a state or federally subsidized childcare program operated by, or under contract with, the local educational agency, including, but not limited to, a California state preschool program or Head Start program pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1, or a childcare program, including, but not limited to, general childcare and development programs pursuant to Part 1.8 (commencing with Section 10207) of Division 9 of the Welfare and Institutions Code. (4) “Epinephrine delivery system” means a disposable delivery system designed for the delivery of a premeasured dose of epinephrine into the human body to prevent or treat a life-threatening allergic reaction. (5) “Local educational agency” means a school operated by a school district, county office of education, or charter school. (6) “Qualified supervisor of health” may include, but is not limited to, a school nurse. (7) “Volunteer” or “trained personnel” means an employee or a holder of an Activity Supervisor Clearance Certificate pursuant to subdivision (f) of Section 44258.7, who has volunteered to administer epinephrine delivery systems to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, has been designated by a school, and has received training pursuant to subdivision (d), or employees of a childcare program operated by or under contract with a local educational agency, who have volunteered, received training, and are subject to liability limitations pursuant to Section 1596.7985 of the Health and Safety Code. (c) Each private school in the state may voluntarily determine whether or not to make emergency epinephrine delivery systems and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to epinephrine delivery systems and trained personnel. A private school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision. (d) Each public and private school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of an epinephrine delivery system from the school nurse or other qualified person designated by an authorizing physician and surgeon. (e) (1) Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of epinephrine delivery systems that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering epinephrine delivery systems and administering medication in a school environment, including, but not limited to, the State Department of Public Health, the Emergency Medical Services Authority, the American Academy of Allergy, Asthma and Immunology, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, Food Allergy Research and Education, the California Society of Allergy, Asthma and Immunology, the American College of Allergy, Asthma and Immunology, the Sean N. Parker Center for Allergy Research, and others. (2) Training established pursuant to this subdivision shall include all of the following: (A) Techniques for recognizing symptoms of anaphylaxis. (B) Standards and procedures for the storage, restocking, and emergency use of epinephrine delivery systems. (C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent and physician. (D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. (E) Instruction on how to determine which epinephrine delivery system to use, which shall include consideration of the age of the person suffering, or reasonably believed to be suffering, from an anaphylactic reaction as a guideline of equivalency for the person’s weight determination. (F) Written materials covering the information required under this subdivision. (3) Training established pursuant to this subdivision shall be consistent with the most recent Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs published by the federal Centers for Disease Control and Prevention and the most recent guidelines for medication administration issued by the department. (4) A school shall retain for reference the written materials prepared under subparagraph (F) of paragraph (2). A copy of these written materials shall be made accessible, such as through publicly posting at the location of the epinephrine delivery systems. (f) A local educational agency shall distribute a notice at least once per school year to all staff that contains the following information: (1) A description of the volunteer request stating that the request is for volunteers to be trained to administer an epinephrine delivery system to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, as specified in subdivision (b). (2) A description of the training that the volunteer will receive pursuant to subdivision (d). (3) The location of the epinephrine delivery system at each schoolsite. (g) (1) A qualified supervisor of health at a local educational agency shall obtain from an authorizing physician and surgeon a prescription for each schoolsite for epinephrine delivery systems that, at a minimum, includes appropriate doses of available epinephrine delivery systems for the ages and weights of individuals at the schoolsite and those participating in any childcare program operated by or under contract with the local educational agency. A qualified supervisor of health at a local educational agency shall be responsible for stocking the epinephrine delivery system and restocking it if it is used. (2) If a local educational agency does not have a qualified supervisor of health, an administrator at the local educational agency shall carry out the duties specified in paragraph (1). (3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or epinephrine delivery system manufacturers. (4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. (h) A school nurse or, if the schoolsite does not have a school nurse or the school nurse is not onsite or available, a volunteer, may administer an epinephrine delivery system to a person exhibiting potentially life-threatening symptoms of anaphylaxis at school or a school activity or program operated by or under contract with the local educational agency when a physician is not immediately available. If an epinephrine delivery system is used, it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Epinephrine delivery systems shall be restocked before their expiration date. (i) A volunteer shall initiate emergency medical services or other appropriate medical followup in accordance with the training materials retained pursuant to paragraph (4) of subdivision (e). (j) A local educational agency shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the local educational agency for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file. (k) A state agency, the department, or a local educational agency may accept gifts, grants, and donations from any source for the support of the local educational agency carrying out the provisions of this section, including, but not limited to, the acceptance of epinephrine delivery systems from a manufacturer or wholesaler. (Amended by Stats. 2025, Ch. 322, Sec. 2. (SB 568) Effective January 1, 2026.)
  37. 49414.1.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Some school governing bodies may adopt a policy allowing a parent or guardian to bring and give medicinal cannabis to a qualified pupil at school, but only with specific handling 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49414.1. (a) For purposes of this section, the following apply: (1) “Cannabis” has the same meaning as in Section 11018 of the Health and Safety Code. “Cannabis” includes cannabis products. (2) “Cannabis products” has the same meaning as in Section 11018.1 of the Health and Safety Code. (3) “Medicinal cannabis” excludes medicinal cannabis or cannabis products in a smokeable or vapeable form. (b) Notwithstanding Sections 11357 and 11361 of the Health and Safety Code, the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, may adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian of a pupil to possess and administer medicinal cannabis at a schoolsite to the pupil who is a qualified patient pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code. (c) The policy shall include, at a minimum, all of the following elements: (1) The parent or guardian shall not administer the medicinal cannabis in a manner that disrupts the educational environment or exposes other pupils. (2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite. (3) The parent or guardian shall sign in at the schoolsite before administering the medicinal cannabis. (4) Before administering the medicinal cannabis, the parent or guardian shall provide to an employee of the school a valid written medical recommendation for medicinal cannabis for the pupil to be kept on file at the school. (d) For purposes of confidentiality and disclosure, pupil records collected in accordance with a policy adopted pursuant to subdivision (b) for the purpose of administering medicinal cannabis to a pupil shall be treated as medical records and shall be subject to all provisions of state and federal law that govern the confidentiality and disclosure of medical records. (e) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (b) may amend or rescind the policy at a regularly scheduled meeting of the governing board or body for any reason, including, but not limited to, if the school district, county office of education, or charter school is at risk of, or has lost, federal funding as a result of the policy. (f) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (b) may amend or rescind the policy at a special meeting in compliance with Section 54956 of the Government Code if both of the following conditions are met: (1) Exigent circumstances necessitate an immediate change to the policy adopted pursuant to subdivision (b). (2) At the meeting the governing board or body will address the intent to amend or rescind the policy adopted pursuant to subdivision (b). (g) This section does not require the staff of a school district, county office of education, or charter school to administer medicinal cannabis. (Amended by Stats. 2020, Ch. 370, Sec. 80. (SB 1371) Effective January 1, 2021.)
  38. 49414.2.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The department must create a California Food Allergy Resource web page with specified food-allergy guidance and resources.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49414.2. (a) The department shall create the California Food Allergy Resource internet web page to provide voluntary guidance to local educational agencies to help protect pupils with food allergies. In creating the internet web page, the department shall ensure all of the following: (1) The focus of the internet web page is to provide local educational agencies, caregivers, and pupils practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers. (2) The internet web page includes a link to the most recent version of the federal Centers for Disease Control and Prevention “Voluntary Guidelines for Managing Food Allergies in Schools and Early Care Education Programs,” as well as other relevant resources, which may include, but are not limited to, best practices fact sheets produced by the Institute of Child Nutrition. (3) A summary of the specific state laws relevant to the issue of pupils with food allergies in schools are included to serve as a complement to the federal laws and regulations included in the federal guidelines identified in paragraph (2). (b) The content of the California Food Allergy Resource internet web page shall include, at a minimum, all of the following: (1) A compilation of state and federal resources available for pupils with food allergies. (2) Methods and qualifications necessary for pupils, or their parents and guardians, to initiate individualized food allergy management and prevention plans. (3) Potential strategies to minimize the risk of food allergy anaphylaxis in school. (4) Methods to obtain ingredient lists for foods served to pupils at school from each of the school’s food service providers. (c) A local educational agency is encouraged to consult the internet web page created pursuant to this section and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and is encouraged to make it available annually to pupils, parents, and guardians. (d) For purposes of this section, “local educational agency” means a school district, county office of education, and charter school. (Added by Stats. 2022, Ch. 794, Sec. 2. (AB 2640) Effective January 1, 2023.)
  39. 49414.3.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Schools may provide naloxone or another opioid antagonist for emergency overdose aid, and some schools that choose to use it must train volunteers, notify staff, restock supplies, and protect volunteers from liability except in stated misconduct cases.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49414.3. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose. (b) For purposes of this section, the following terms have the following meanings: (1) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. (2) “Auto-injector” means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use. (3) “Opioid antagonist” means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose. (4) “Qualified supervisor of health” may include, but is not limited to, a school nurse. (5) “Volunteer” or “trained personnel” means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d). (c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision. (d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on his or her offer to volunteer, and there shall be no retaliation against any individual for rescinding his or her offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteer’s regular working hours. (2) An employee who volunteers pursuant to this section may rescind his or her offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training. (e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others. (2) Training established pursuant to this subdivision shall include all of the following: (A) Techniques for recognizing symptoms of an opioid overdose. (B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist. (C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupil’s parent or guardian. (D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. (E) Written materials covering the information required under this subdivision. (3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department. (4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2). (5) The department shall include on its Internet Web site a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils. (f) Any school district, county office of education, or charter school electing to utilize naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information: (1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose. (2) A description of the training that the volunteer will receive pursuant to subdivision (d). (3) The right of an employee to rescind his or her offer to volunteer pursuant to this section. (4) A statement that no benefit will be granted to or withheld from any individual based on his or her offer to volunteer and that there will be no retaliation against any individual for rescinding his or her offer to volunteer, including after receiving training. (g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to utilize naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used. (2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1). (3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers. (4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. (h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date. (2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector. (3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with. (i) A school district, county office of education, or charter school electing to utilize naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file. (j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for his or her acts or omissions in administering the naloxone hydrochloride or another opioid antagonist. (2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist. (3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care “for compensation,” notwithstanding the fact that he or she is a paid public employee. (k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out the provisions of this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler. (Added by Stats. 2016, Ch. 557, Sec. 2. (AB 1748) Effective January 1, 2017.)
  40. 49414.35.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A local educational agency may not stop a 12-year-old-or-older pupil from carrying or giving naloxone at school or during school activities, and pupils or school agencies are protected from liability except for gross negligence or willful and wanton misconduct.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49414.35. (a) Notwithstanding any other law or regulation, a local educational agency shall not prohibit a pupil 12 years of age or older, while on a schoolsite or participating in school activities, from carrying or administering, for the purposes of providing emergency treatment to persons who are suffering, or reasonably believed to be suffering, from an opioid overdose, naloxone hydrochloride or another opioid antagonist. (b) Notwithstanding any other law or regulation, a pupil 12 years of age or older of a local educational agency who administers naloxone hydrochloride or another opioid antagonist on a schoolsite or while participating in school activities, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be liable in a civil action or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist, unless the pupil’s acts or omissions constitute gross negligence or willful and wanton misconduct connected to the administration of the naloxone hydrochloride or another opioid antagonist. (c) Notwithstanding any other law or regulation, a local educational agency, or an employee of a local educational agency, shall not be subject to professional review, liable in a civil action, or subject to criminal prosecution for a pupil’s acts or omissions in administering naloxone hydrochloride or another opioid antagonist, unless an act or omission of the local educational agency, or the employee of the local educational agency, constitutes gross negligence or willful and wanton misconduct connected to the administration of the naloxone hydrochloride or another opioid antagonist. (d) 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) “Naloxone hydrochloride or another opioid antagonist” means either of the following: (A) A naloxone hydrochloride nasal spray that is federally approved for over-the-counter, nonprescription use. (B) Any other opioid overdose reversal medication that is federally approved for over-the-counter, nonprescription use. (Added by Stats. 2024, Ch. 974, Sec. 1. (AB 2998) Effective January 1, 2025.)
  41. 49414.4.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The Legislature says schools should use alternatives to referring a pupil to law enforcement for opioid misuse, unless another law requires a referral.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49414.4. (a) It is the intent of the Legislature that, as part of a restorative justice framework, a school use alternatives to a referral of a pupil to a law enforcement agency in response to an incident involving the pupil’s misuse of an opioid, to the extent not in conflict with any other law requiring that referral. (b) It is further the intent of the Legislature that the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, may be used to achieve the alternatives described in subdivision (a), in order to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community. (Added by Stats. 2023, Ch. 856, Sec. 5. (SB 10) Effective January 1, 2024.)
  42. 49414.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    School districts may train school personnel to give emergency diabetes care when no nurse is onsite, and certain staff, parents, and pupils have related duties and permissions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49414.5. (a) In the absence of a credentialed school nurse or other licensed nurse onsite at the school, each school district may provide school personnel with voluntary emergency medical training to provide emergency medical assistance to pupils with diabetes suffering from severe hypoglycemia, and volunteer personnel shall provide this emergency care, in accordance with standards established pursuant to subdivision (b) and the performance instructions set forth by the licensed health care provider of the pupil. A school employee who does not volunteer or who has not been trained pursuant to subdivision (b) may not be required to provide emergency medical assistance pursuant to this subdivision. (b) (1) The Legislature encourages the American Diabetes Association to develop performance standards for the training and supervision of school personnel in providing emergency medical assistance to pupils with diabetes suffering from severe hypoglycemia. The performance standards shall be developed in cooperation with the department, the California School Nurses Organization, the California Medical Association, and the American Academy of Pediatrics. Upon the development of the performance standards pursuant to this paragraph, the State Department of Health Services’ Diabetes Prevention and Control Program shall approve the performance standards for distribution and make those standards available upon request. (2) Training established pursuant to this subdivision shall include all of the following: (A) Recognition and treatment of hypoglycemia. (B) Administration of glucagon. (C) Basic emergency followup procedures, including, but not limited to, calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent or guardian and licensed health care provider. (3) Training by a physician, credentialed school nurse, registered nurse, or certificated public health nurse according to the standards established pursuant to this section shall be deemed adequate training for the purposes of this section. (4) (A) A school employee shall notify the credentialed school nurse assigned to the school district if he or she administers glucagon pursuant to this section. (B) If a credentialed school nurse is not assigned to the school district, the school employee shall notify the superintendent of the school district, or his or her designee, if he or she administers glucagon pursuant to this section. (5) All materials necessary to administer the glucagon shall be provided by the parent or guardian of the pupil. (c) In the case of a pupil who is able to self-test and monitor his or her blood glucose level, upon written request of the parent or guardian, and with authorization of the licensed health care provider of the pupil, a pupil with diabetes shall be permitted to test his or her blood glucose level and to otherwise provide diabetes self-care in the classroom, in any area of the school or school grounds, during any school-related activity, and, upon specific request by a parent or guardian, in a private location. (d) For the purposes of this section, the following terms have the following meanings: (1) “School personnel” means any one or more employees of a school district who volunteers to be trained to administer emergency medical assistance to a pupil with diabetes. (2) “Emergency medical assistance” means the administration of glucagon to a pupil who is suffering from severe hypoglycemia. (Amended by Stats. 2005, Ch. 22, Sec. 42. Effective January 1, 2006.)
  43. 49414.6.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Local educational agencies may not stop specified pupils from carrying fentanyl test strips or a federally approved opioid antagonist in the listed school settings.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49414.6. (a) Notwithstanding any other law or regulation, local educational agencies shall not prohibit pupils in middle schools, junior high schools, high schools, or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist for over-the-counter use for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose. (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. 872, Sec. 1. (SB 997) Effective January 1, 2025.)
  44. 49414.7.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Schools may keep stock albuterol inhalers and trained staff available for emergency use, and several training, stocking, notice, and follow-up rules apply.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49414.7. (a) School districts, county offices of education, and charter schools may provide emergency stock albuterol inhalers, including, if necessary, single-use disposable holding chambers, to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use an emergency stock albuterol inhaler to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from respiratory distress. (b) For purposes of this section, the following definitions apply: (1) “Albuterol” means a bronchodilator used to open the airways by relaxing the muscles around the bronchial tubes. (2) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. (3) “Inhaler” means a device used for the delivery of prescribed asthma medication that is inhaled. (4) “Local educational agency” means a school district, county office of education, or charter school. (5) “Metered-dose inhaler (MDI)” means a pressurized sprayer that delivers a measured amount of a medication. (6) “Qualified supervisor of health” may include, but is not limited to, a school nurse. (7) “Respiratory distress” means the sudden appearance of signs and symptoms of difficulty breathing. Signs and symptoms of respiratory distress may include one or more of the following: (A) Complaints of a tight chest or chest pain. (B) Wheezing or noisy breathing. (C) Persistent coughing. (D) Difficulty breathing. (E) Appears to be in distress. (F) Lips or fingernails turning blue. (G) Shortness of breath. (8) “Stock albuterol inhaler” means albuterol medication in the form of a metered-dose inhaler (MDI) that is ordered by a health care provider and is not prescribed for a specific person and also includes, if necessary, a single-use disposable holding chamber. (9) “Volunteer” or “trained personnel” means an employee who has volunteered to administer stock albuterol inhalers to a person if the person is suffering, or reasonably believed to be suffering, from respiratory distress, has been designated by a school, and has received training pursuant to subdivision (d). (c) Each private elementary and secondary school in the state may voluntarily determine whether or not to make emergency stock albuterol inhalers and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to stock albuterol inhalers and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision. (d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of a stock albuterol inhaler from the school nurse or other qualified person designated by an authorizing physician and surgeon. (2) Schools are encouraged and recommended to have a minimum of two trained school employees. (e) (1) The Superintendent shall establish, and post on the department’s internet website, minimum standards of training for the administration of stock albuterol inhalers that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of stock albuterol inhalers that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering stock albuterol inhalers and administering medication in a school environment, including, but not limited to, the State Department of Public Health, the Emergency Medical Services Authority, the American Academy of Allergy, Asthma and Immunology, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, the California Society of Allergy, Asthma and Immunology, the American College of Allergy, Asthma and Immunology, and others. (2) Training established pursuant to this subdivision shall include all of the following: (A) Techniques for recognizing symptoms of respiratory distress. (B) Standards and procedures for the storage, restocking, and emergency use of stock albuterol inhalers. (C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent or guardian and physician. (D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. (E) Written materials covering the information required under this subdivision. (3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department. (4) Training established pursuant to this subdivision shall be provided to a volunteer during the volunteer’s regular working hours and at no cost to the volunteer. (5) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2). (f) Any local educational agency electing to utilize stock albuterol inhalers for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information: (1) A description of the volunteer request stating that the request is for volunteers to be trained to administer a stock albuterol inhaler to a person if the person is suffering, or reasonably believed to be suffering, from respiratory distress, as specified in subdivision (b). (2) A description of the training that the volunteer will receive pursuant to subdivision (d). (g) (1) A qualified supervisor of health at a local educational agency electing to utilize stock albuterol inhalers for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for stock albuterol inhalers. A qualified supervisor of health at a local educational agency shall be responsible for stocking the stock albuterol inhalers and restocking it if it is used. (2) If a local educational agency does not have a qualified supervisor of health, an administrator at the local educational agency shall carry out the duties specified in paragraph (1). (3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or stock albuterol inhaler manufacturers. (4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. (h) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer a stock albuterol inhaler to a person exhibiting potentially life-threatening symptoms of respiratory distress at school or a school activity when a physician is not immediately available. If the stock albuterol inhaler is used, it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Stock albuterol inhalers shall be restocked before their expiration date. (i) A volunteer shall initiate emergency medical services or other appropriate medical followup in accordance with the training materials retained pursuant to paragraph (5) of subdivision (e). (j) (1) A local educational agency electing to utilize stock albuterol inhalers for emergency aid shall not be liable for any civil damages resulting from any act or omission, other than an act or omission constituting gross negligence or willful and wanton misconduct, in the emergency administration of an albuterol inhaler by any of its school nurses or trained volunteers who have volunteered pursuant to subdivision (d). (2) An employee who volunteers under this section shall be provided defense and indemnification by the local educational agency for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file. (k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out the provisions of this section, including, but not limited to, the acceptance of stock albuterol inhalers from a manufacturer or wholesaler. (Added by Stats. 2023, Ch. 574, Sec. 1. (AB 1283) Effective January 1, 2024.)
  45. 49414.8.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    County offices of education must buy and distribute emergency opioid antagonists for schoolsites, and local educational agencies must train staff and restock units on 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49414.8. (a) (1) Commencing with the 2023–24 fiscal year, and for each fiscal year thereafter, the sum of three million five hundred thousand dollars ($3,500,000) shall be appropriated from the General Fund to the department to allocate to county offices of education for the purpose of purchasing and maintaining a sufficient stock of emergency opioid antagonists for local educational agencies within its jurisdiction. (2) (A) County offices of education shall purchase a minimum of two units for each middle school, junior high school, high school, and adult school schoolsite within their jurisdiction. (B) Funding allocations provided to county offices of education pursuant to this section may be used to complement any emergency opioid antagonist resources allocated through the State Department of Health Care Services’ Naloxone Distribution Project for these purposes. (3) County offices of education may enter into agreements with local educational agencies within their jurisdiction, or other county offices of education, to comply with the minimum purchasing requirements specified in paragraph (2). (4) Funding allocations shall be reevaluated each year based on the factors listed in subdivision (c). (b) Of the amount appropriated in subdivision (a), up to three hundred fifty thousand dollars ($350,000) shall be allocated to county offices of education for administrative costs to coordinate, maintain stock, and distribute emergency opioid antagonists to local educational agencies within their jurisdiction. The Superintendent shall develop an allocation formula for use in determining the allocation amounts for each county office of education based on the number of local educational agencies within each county office of education’s jurisdiction and the number of pupils and students served in schools within those local educational agencies. (c) After allocations are made pursuant to subdivision (b), the department shall consider, in allocating the remaining funds to county offices of education, the number of middle school, junior high school, high school, and adult school schoolsites that are within each county office of education, the number of pupils and students served by those required schoolsites, and any other factors determined by the department. (d) As a condition of receiving funds pursuant to this section, county offices of education shall do all of the following: (1) Coordinate the purchase of and maintain a stock of emergency opioid antagonists on behalf of local educational agencies within their jurisdiction, in a manner consistent with paragraph (2) or (3) of subdivision (a), that is best suited for distribution and use in schools by doing all of the following: (A) Either applying to be a qualified direct purchaser with the naloxone manufacturer to purchase the emergency opioid antagonist at the public interest price or purchasing directly from a distributor, state entity, or local entity, a quantity sufficient to stock, at a minimum, two units per middle school, junior high school, high school, and adult school schoolsite for each local educational agency within their jurisdiction, or administering the program consistent with paragraph (3) of subdivision (a). (B) Distributing a minimum of two units of an emergency opioid antagonist to local educational agencies for each middle school, junior high school, high school, and adult school schoolsite within their jurisdiction, or administering the program consistent with paragraph (3) of subdivision (a). (C) To the extent that the minimum stocking requirements pursuant to subparagraph (B) of paragraph (2) are met, county offices of education may also distribute emergency opioid antagonists to local educational agencies for distribution to elementary schoolsites. (2) As a condition of receiving emergency opioid antagonist units from a county office of education, or consistent with an agreement pursuant to paragraph (3) of subdivision (a), local educational agencies shall do the following: (A) (i) Ensure no fewer than two schoolsite staff members per required schoolsite meet the minimum standards of training for the administration of an emergency opioid antagonist as specified in subdivision (e) of Section 49414.3 or have undergone opioid overdose prevention and treatment training and reviewed materials available on the State Department of Public Health’s internet website. (ii) County offices of education may use resources for technical assistance on the State Department of Education or State Department of Public Health’s respective internet websites that include, but are not limited to, all of the following: (I) The State Department of Public Health Office of Communications’ Fentanyl and Overdose Prevention​ toolkit. (II) A sample school naloxone policy. (III) School and educator resources. (IV) Education on recognizing overdoses. (V) A naloxone administration training video. (B) Distribute the minimum of two units of an emergency opioid antagonist to each required schoolsite, including restocking a unit before its expiration date and, if used, as soon as reasonably possible after its use, but no later than two weeks after its use. (e) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a school district or charter school. (2) “Opioid antagonist” means naloxone hydrochloride, or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose. (f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year for which the appropriation is made, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year for which the appropriation is made. (Added by Stats. 2023, Ch. 48, Sec. 55. (SB 114) Effective July 10, 2023.)
  46. 49415.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The State Board of Education must adopt maximum weight standards for textbooks used by pupils in elementary and secondary schools by July 1, 2004.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49415. On or before July 1, 2004, the State Board of Education shall adopt maximum weight standards for textbooks used by pupils in elementary and secondary schools. The weight standards shall take into consideration the health risks to pupils who transport textbooks to and from school each day. (Added by Stats. 2002, Ch. 1096, Sec. 2. Effective January 1, 2003.)
  47. 49417.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A public school may raise nonstate funds to buy and maintain an AED, and those funds may be used only for the AED and related employee training. The section also limits civil liability for certain emergency AED uses, with exceptions for gross negligence or willful/wanton misconduct.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Powers—School Boards [49400 - 49417] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 49417. (a) A public school may solicit and receive nonstate funds to acquire and maintain an automated external defibrillator (AED). These funds shall only be used to acquire and maintain an AED and to provide training to school employees regarding use of an AED. (b) Except as provided in subdivision (d), if an employee of a school district complies with Section 1714.21 of the Civil Code in rendering emergency care or treatment through the use, attempted use, or nonuse of an AED at the scene of an emergency, the employee shall not be liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment. (c) Except as provided in subdivision (d), if a public school or school district complies with the requirements of Section 1797.196 of the Health and Safety Code, the public school or school district shall be covered by Section 1714.21 of the Civil Code and shall not be liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment. (d) Subdivisions (b) and (c) do not apply in the case of personal injury or wrongful death that results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or maliciously fails to use an AED to render emergency care or treatment. (e) This section does not alter the requirements of Section 1797.196 of the Health and Safety Code. (Added by Stats. 2014, Ch. 812, Sec. 1. (AB 2217) Effective January 1, 2015.)
  48. 49418.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] ( Article 1.5 added by Stats. 2021, Ch. 44, Sec. 61. )

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    This section defines “office” as the Office of School-Based Health Programs within the department.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] ( Article 1.5 added by Stats. 2021, Ch. 44, Sec. 61. ) ## 49418. For purposes of this article, “office” means the Office of School-Based Health Programs established within the department that is dedicated to expanding access to school-based health programs pursuant to this article. (Added by Stats. 2021, Ch. 44, Sec. 61. (AB 130) Effective July 9, 2021.)
  49. 49419.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] ( Article 1.5 added by Stats. 2021, Ch. 44, Sec. 61. )

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    The department must create an Office of School-Based Health Programs by January 1, 2022, and the office has specified duties to support local educational agencies on school-based health 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] ( Article 1.5 added by Stats. 2021, Ch. 44, Sec. 61. ) ## 49419. (a) The department shall, no later than January 1, 2022, establish an Office of School-Based Health Programs for the purpose of assisting local educational agencies regarding the current health-related programs under the purview of the department. The scope of the office shall include collaborating with the State Department of Health Care Services and other departments and offices involved in the provision of school-based health services. The scope of the office shall also include assisting local educational agencies with information on, and participation in, the following school-based health programs: (1) The Administrative Claiming process described in Section 14132.47 of the Welfare and Institutions Code. (2) The Local Educational Agency Medi-Cal Billing Option Program described in Section 14132.06 of the Welfare and Institutions Code. (3) All other programs under the federal Early and Periodic Screening, Diagnostic, and Treatment services entitlement supporting the provision of health services to eligible pupils, including screening, diagnostic, and treatment services to prevent, identify, or address physical and behavioral health needs. (4) Providing consultation and technical assistance to local educational agencies on school-based nursing and health services. (5) Coordinating school health program activities with public health, social services, environmental, and local educational agencies, and other public and private entities. (6) Participating in the development of policies, standards, and guidelines, interpreting updates, and disseminating policies, standards, guidelines, and procedures to enhance coordinated school health programs. (7) Promoting quality assurance in school health services by initiating and coordinating a quality assurance program that includes needs assessment, data collection and analysis, and evidenced-based practices. (8) Initiating, participating in, and using research studies related to a coordinated school health program, the health needs of children and youth, school nursing practice, and related issues. (9) Additional school-based health efforts available to local educational agencies through the California Health and Human Services Agency and its offices and departments. (b) The office shall advise the department on opportunities for effective coordination between health and education systems at the state, regional, and local levels to advance school-based health programs, and on strategies to leverage school-based Medi-Cal programs to sustain school-based health services. (c) The office shall collaborate with the local educational agency selected to provide guidance around Medi-Cal billing pursuant to Section 49422. (d) The office may provide technical assistance to local educational agencies on matters such as expanding services, simplifying the administration of school-based health programs, and increasing local educational agency participation in, and maximizing allowable federal financial participation in, the school-based health programs. (e) The office shall assist in the development of the telehealth guidelines required pursuant to Section 49429. (f) The office shall provide technical assistance, outreach, and informational materials to local educational agencies on allowable services and on the submission of claims. The office shall not otherwise provide informational materials related to the State Department of Health Care Services’ school-based health programs that have not been approved by the State Department of Health Care Services, as the State Department of Health Care Services is the sole state agency with authority from the federal Centers for Medicare and Medicaid Services to define allowable services and submit claims for federal matching funds. (g) The office shall oversee the School Health Demonstration Project established pursuant to Section 49421. (h) The office may form, or participate in, advisory groups for technical assistance and other purposes as deemed necessary. (i) To the extent necessary, the State Department of Health Care Services shall make available to the office any information on other school-based dental, health, and mental health programs, and school-based health centers, that may receive Medi-Cal funding. (j) (1) This section shall not prohibit the department from using an existing branch or division within the department to serve as the office, in lieu of establishing a new office, for purposes of implementing this section. (2) This section shall not limit or modify Section 14132.06 of the Welfare and Institutions Code. (Added by Stats. 2021, Ch. 44, Sec. 61. (AB 130) Effective July 9, 2021.)
  50. 49420.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] ( Article 1.5 added by Stats. 2021, Ch. 44, Sec. 61. )

    Verify source ↗

    The department must appoint a state school nurse consultant by January 1, 2022, and that consultant must meet specified qualifications and carry out listed school health coordination 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] ( Article 1.5 added by Stats. 2021, Ch. 44, Sec. 61. ) ## 49420. (a) The department shall by January 1, 2022, appoint a state school nurse consultant to be housed within the office, as established pursuant to Section 49419. The state school nurse consultant shall be a school nurse with a services credential with a specialization in health for a school nurse issued by the Commission on Teacher Credentialing, who has a minimum of five years of experience in school health program management. The state school nurse consultant shall work with local educational agencies and school nurses to promote quality school nursing services and school health programs that address the broad health needs of pupils. The state school nurse consultant, in performing the duties of the position, shall collaborate with the State Department of Public Health, the State Department of Health Care Services, the Governor’s Office of Emergency Services, and the Board of Registered Nursing. (b) The state school nurse consultant shall be responsible for all of the following: (1) Serving as a liaison and resource expert in school nursing and school health program areas for local, regional, state, and national school health care providers and policy setting groups. (2) Monitoring, interpreting, synthesizing, and working to ensure that the office disseminates relevant information associated with changes in health, nursing, and medical care, school nursing practice, legislation, and legal issues that impact schools and the pupils they serve. (3) Fostering and promoting staff development for school nurses, which may include planning and providing orientation, coordinating or providing educational offerings, and networking with universities and other providers of continuing education to meet identified needs. (4) Participating in state-level public interagency partnerships and private partnerships with statewide stakeholders to foster a coordinated school health program, representing school nurses in multidisciplinary collaborations. (Added by Stats. 2021, Ch. 44, Sec. 61. (AB 130) Effective July 9, 2021.)
  51. 49421.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] ( Article 1.5 added by Stats. 2021, Ch. 44, Sec. 61. )

    Verify source ↗

    This section creates a School Health Demonstration Project, funds it with a one-time $5 million General Fund appropriation, and requires state officials to select technical assistance teams and pilot local educational 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] ( Article 1.5 added by Stats. 2021, Ch. 44, Sec. 61. ) ## 49421. (a) The sum of five million dollars ($5,000,000) is hereby appropriated from the General Fund to the Superintendent on a one-time basis for the School Health Demonstration Project. The School Health Demonstration Project is hereby established in the office as a pilot project to expand comprehensive health and mental health services to public school pupils by providing local educational agencies with intensive assistance and support to build the capacity for long-term sustainability by leveraging multiple revenue sources. For these purposes, the project is intended to provide training and technical assistance on the requirements for health care provider participation in the Medi-Cal program pursuant to Article 1.3 (commencing with Section 14043) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code to enable local educational agencies to participate in, contract with, and conduct billing and claiming in the Medi-Cal program through all of the following: (1) The Local Educational Agency Medi-Cal Billing Option Program. (2) The School-Based Medi-Cal Administrative Activities Program. (3) Contracting or entering into a memorandum of understanding with Medi-Cal managed care plans as a participating Medi-Cal managed care plan contracting provider. (4) Contracting with or entering into a memorandum of understanding with county mental health plans for specialty mental health services, such as through the Early and Periodic Screening, Diagnostic and Treatment Program. (5) Contracting with community-based providers to deliver health and mental health services to pupils in school through contracts with Medi-Cal managed care plans or county mental health plans. (b) On or before June 30, 2022, the Superintendent, in consultation with the executive director of the state board and the State Department of Health Care Services, shall select up to three organizations to serve as technical assistance teams for purposes of the pilot project. Technical assistance teams selected to serve shall be a consortia that consists of one or more local educational agencies, county agencies, or community-based organizations with experience in general and special education mental health program and service development, school finance, health care, Medi-Cal managed care contracting and benefits, Medicaid billing, commercial health insurance, and data analysis. The technical assistance teams are intended to provide hands-on, intensive support for a two-year period to the local educational agencies selected to be pilot participants to create capacity for those local educational agencies to become self-sustaining by securing federal reimbursement and other revenue sources for health and mental health services provided to pupils. In selecting the technical assistance teams, consideration shall be given to demonstrated expertise, including, but not limited to, all of the following: (1) Knowledge of the process to submit claims through the Local Educational Agency Medi-Cal Billing Option Program, the School-Based Medi-Cal Administrative Activities Program, and drawing down federal reimbursement for Medi-Cal services. (2) The knowledge and capacity to provide direct, hands-on assistance and support to selected local educational agencies in securing federal reimbursement for health and mental health services provided to pupils, and identifying additional sources of funding through programs identified in subdivision (a). (3) Experience working with the department, the State Department of Health Care Services, county health departments, county behavioral health departments, Medi-Cal managed care plans, private health care service plans and health insurers, and the Behavioral Health Services Oversight and Accountability Commission. (4) Experience in the legally compliant development and sustainable funding of general and special education mental health programs and supports in public schools, including the Multi-Tiered System of Supports, positive behavioral interventions and supports services for children under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), public school contracting requirements, and relevant state and federal privacy protections. (c) On or before September 1, 2022, the department, in consultation with the State Department of Health Care Services, shall select up to 25 local educational agencies to serve as pilot participants for a period of two years. In selecting local educational agencies to serve as pilot participants, consideration shall be given to all of the following factors: (1) Demonstrated need for health and mental health services for pupils. (2) Commitment of the local educational agency’s leadership to expand health and mental health services for all pupils through school-based services, school-connected services, or both. (3) Willingness to reinvest increased reimbursements gained through the pilot project into direct health and mental health services for pupils. (4) Unduplicated pupil count. (5) Geographic diversity of the state. (6) Mix of urban, suburban, and rural. (d) A local educational agency selected to serve as a pilot participant pursuant to subdivision (c) shall receive up to one hundred thousand dollars ($100,000) per year for each of the two years it participates in the pilot project. Funds shall be used for contracting with one of the technical assistance teams identified by the department pursuant to subdivision (b), and may also be used to address needs identified by the in-depth analysis conducted by the technical assistance provider. (e) The technical assistance teams selected pursuant to subdivision (b) shall, under the direction of the department, work with each pilot participant to do all of the following: (1) Conduct an analysis of all of the following related to the local educational agency: (A) The need for health and mental health services for pupils. (B) The current capacity within the local educational agency to meet those needs. (C) Current participation in the programs identified in paragraphs (1) and (2) of subdivision (a). (D) The barriers to participating in the programs identified in paragraphs (1) and (2) of subdivision (a). (E) Any existing partnerships with county agencies or community-based agencies to provide health and mental health services to pupils. (2) Work with local educational agency staff to establish or expand the expertise necessary to maximize federal reimbursement revenue through an analysis of past claims and review eligible school expenditures to ensure maximum usage of potential Medi-Cal reimbursements, including the Early and Periodic Screening, Diagnostic, and Treatment services provided to eligible pupils. (3) Facilitate the exploration of opportunities to collaborate with county mental health plans, Medi-Cal managed care plans, and private health care service plans and health insurers to establish partnerships through memoranda of understanding or other means to coordinate the funding and provision of health and mental health services to pupils. (4) Complete, and provide to the department, a final report at the conclusion of the pilot project with data on any increases in the level of health and mental health services provided to pupils in the local educational agency, any improved measurable outcomes for pupils, increased funding secured, plans for ongoing sustainability of health and mental health services beyond the pilot project period, and recommendations on maximizing federal reimbursement and other revenue sources to provide effective health and mental health services to pupils. (f) (1) The department, in consultation with the State Department of Health Care Services, participating local educational agencies, and the technical assistance teams established pursuant to subdivision (b), shall prepare and submit to the relevant policy and fiscal committees of the Legislature on or before January 1, 2025, or six months after the final local educational agency has ended its service as a pilot participant, whichever comes first, a final report of the pilot programs established pursuant to this section. The report shall include, but not be limited to, all of the following: (A) Best practices developed by local educational agencies that ensure every pupil receives an uninterrupted continuum of effective care services. (B) Program requirements and support services needed for the Local Educational Agency Medi-Cal Billing Option Program, the School-Based Medi-Cal Administrative Activities Program, and medically necessary federal Early and Periodic Screening, Diagnostic, and Treatment benefits, to ensure ease of use and access for local educational agencies. (C) Total dollars drawn down from federal sources by local educational agencies participating in the pilot project. (D) The number of pupils receiving health and mental health services by participating local educational agencies throughout the course of the pilot project, including breakdowns by subgroups, and measurable improved outcomes for those pupils. (E) Recommendations for expanding the program statewide, including an estimate of the cost of fully funding an ongoing technical assistance and support program on a statewide basis. (F) Strategies for working with the State Department of Health Care Services to coordinate, streamline, and prevent the duplication of Medi-Cal covered services. (G) Recommendations on specific changes needed to state regulations or statute, the need for approval of amendments to the state Medicaid plan or federal waivers, changes to implementation of federal regulations, changes to state agency support and oversight, and associated staffing or funding needed to implement recommendations. (2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (g) The department, in consultation with the technical assistance teams, the State Department of Health Care Services, and the Behavioral Health Services Oversight and Accountability Commission, shall prepare materials for use by local educational agencies in developing the capacity to effectively secure sustainable funding for the delivery of comprehensive health and mental health services to pupils. (h) The State Department of Health Care Services shall seek federal financial participation for the activities conducted pursuant to this section. (i) The following definitions apply to this section: (1) “County mental health plan” means an entity authorized pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code. (2) “Medi-Cal managed care plan” means an individual, organization, or entity that enters into a contract with the department to provide services to enrolled Medi-Cal beneficiaries pursuant to any of the following: (A) Article 2.7 (commencing with Section 14087.3) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, excluding dental managed care programs developed pursuant to Section 14087.46 of the Welfare and Institutions Code. (B) Article 2.8 (commencing with Section 14087.5), Article 2.81 (commencing with Section 14087.96), Article 2.82 (commencing with Section 14087.98), Article 2.9 (commencing with Section 14088), or Article 2.91 (commencing with Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code. (C) Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, excluding dental managed care plans. (D) Chapter 3 (commencing with Section 101675) of Part 4 of Division 101 of the Health and Safety Code. (j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (Amended by Stats. 2025, Ch. 243, Sec. 2. (SB 862) Effective January 1, 2026.)
  52. 49421.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] ( Article 1.5 added by Stats. 2021, Ch. 44, Sec. 61. )

    Verify source ↗

    The State Department of Education must create a process to choose a local educational agency for Medi-Cal billing support, and the chosen agency must carry out listed support 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] ( Article 1.5 added by Stats. 2021, Ch. 44, Sec. 61. ) ## 49421.5. (a) (1) On or before June 30, 2022, the State Department of Education shall establish a process to select, with approval from the executive director of the state board, a local educational agency to provide guidance around Medi-Cal billing and increase local educational agencies’ capacity to successfully submit claims through the Local Educational Agency Medi-Cal Billing Option Program. The local educational agency selected shall have demonstrated success in submitting claims through the Local Educational Agency Medi-Cal Billing Option Program and drawing down federal reimbursement for Medi-Cal services, and a willingness and capacity to perform the duties described in paragraph (2). The State Department of Health Care Services shall provide relevant data, including, but not limited to, the number of years participating in the program and cost reimbursement data for each local educational agency, in the form and manner requested by the State Department of Education and the executive director of the state board no later than August 31, 2021, to aid in the selection process. The State Department of Health Care Services shall assist the State Department of Education, as needed, with the selection process, including verifying information provided by local educational agencies regarding program participation during the selection process. (2) The local educational agency selected pursuant to paragraph (1) shall do all of the following: (A) Provide effective assistance and support to local educational agencies in securing federal reimbursement for services provided to Medi-Cal eligible pupils. (B) Work in coordination and collaboration with expert lead agencies identified pursuant to Section 52073.1, special education resource leads identified pursuant to Section 52073.2, the State Department of Education, and the State Department of Health Care Services. (C) Identify and disseminate information regarding existing resources, professional development activities, and other efforts currently available to assist local educational agencies in successfully submitting claims through the Local Educational Agency Medi-Cal Billing Option Program and drawing down federal reimbursement for Medi-Cal services. (D) Upon request by the State Department of Education and the State Department of Health Care Services, develop new resources and activities designed to build capacity for local educational agencies to secure federal reimbursement for services provided to Medi-Cal eligible pupils. (E) Serve as a point of contact for local educational agencies, and regularly participate and share the perspectives of local educational agencies in the Local Educational Agency Program Advisory Workgroup convened by the State Department of Health Care Services. (F) Other duties, as prescribed by the State Department of Education, to enhance Medi-Cal services on schoolsites, increase access of care for pupils, and increase Medi-Cal reimbursement for local educational agencies. (3) A local educational agency may partner as a consortium with other local educational agencies, institutions of higher education, nonprofit educational services providers, county mental health providers, or other local partners to submit a proposal to the State Department of Education to be considered for selection as the local educational agency pursuant to paragraph (1). (b) (1) The term of a local educational agency selected pursuant to subdivision (a) shall not exceed five years. (2) The selected local educational agency shall commit to providing program data to the State Department of Education, as specified by the Superintendent, to evaluate the effectiveness of the activities performed under paragraph (2) of subdivision (a). (3) At the conclusion of the term of the selected local educational agency, the State Department of Education, with approval from the executive director of the state board, may renew the term of the selected local educational agency or select a new local educational agency in a manner consistent with subdivision (a). (4) If a selected local educational agency requests that its term be renewed, it shall provide a description of the efforts it has made to carry out the duties described in paragraph (2) of subdivision (a), and before renewing the term, the State Department of Education shall evaluate the local educational agency’s success in carrying out those duties. (c) Notwithstanding Section 13340 of the Government Code, commencing with the 2021–22 fiscal year, each fiscal year the sum of two hundred fifty thousand dollars ($250,000) shall be appropriated from the General Fund to the State Department of Education to be awarded to the local educational agency selected pursuant to this section. (d) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (c) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which they are appropriated. (2) Notwithstanding paragraph (1), the appropriation made by subdivision (c) for the 2021–22 fiscal year shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2022–23 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2022–23 fiscal year. (Amended by Stats. 2023, Ch. 48, Sec. 56. (SB 114) Effective July 10, 2023.)
  53. 49422.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets credential requirements for certain school health and psychology personnel and limits school-district employees from doing psychological testing or related activities unless an 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49422. (a) No physician, psychiatrist, oculist, dentist, dental hygienist, optometrist, otologist, podiatrist, audiologist, or nurse not employed in that capacity by the State Department of Health Services, shall be, nor shall any other person be, employed or permitted to supervise the health and physical development of pupils unless he or she holds a services credential with a specialization in health or a valid credential issued prior to the operative date of Section 25 of Chapter 557 of the Statutes of 1990. (b) Any psychologist employed pursuant to Section 49400 and this article shall hold a school psychologist credential, a general pupil personnel services credential authorizing service as a school psychologist, a standard designated services credential with a specialization in pupil personnel services authorizing service as a psychologist, or a services credential issued by the State Board of Education or Commission on Teacher Credentialing. (c) The services credential with a specialization in health authorizing service as a school nurse shall not authorize teaching services unless the holder also completes the requirements for a special class authorization in health in a program that is approved by the commission. (d) No physician employed by a district to perform medical services pursuant to Section 44873, who meets the requirements of that section, shall be required to hold a credential issued by the State Board of Education or commission. (e) (1) Notwithstanding Section 2910 of the Business and Professions Code, no person who is an employee of a school district shall administer psychological tests or engage in other psychological activities involving the application of psychological principles, methods, or procedures unless at least one of the following applies: (A) The person holds a valid and current credential as a school psychologist issued by the Commission on Teacher Credentialing that permits the holder to administer psychological testing to, or engage in psychological activities with, pupils. (B) Psychological assistants or school psychology interns perform the testing or activities under the supervision of a person who holds a credential described in subparagraph (A). (C) This section does not preclude appropriately credentialed school personnel including, but not limited to, holders of a pupil personnel services credential, health services credential, or special education personnel, from performing the duties consistent with the training standards established by the Commission on Teacher Credentialing for the credential held. (2) The application of these principles and methods includes, but is not restricted to, procedures on interviewing, psychoeducational assessment, diagnosis of specific learning and behavioral disabilities, and amelioration of learning and behavioral problems of individuals or groups. (3) The person conducting a test or other assessment shall be qualified in accordance with the requirements established by the producer of the assessment instrument and shall follow all ethical requirements for the use of the test or assessment as prescribed by the appropriate professional organization. (f) This section shall not be construed to affect any lawfully contracted mental health professional licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code from performing services within the scope of his or her employment. (Amended by Stats. 1996, Ch. 661, Sec. 1. Effective January 1, 1997.)
  54. 49423.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A pupil who must take prescribed medication during the schoolday may be assisted by school staff or, for epinephrine, may carry and self-administer it if the required written statements are on file.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49423. (a) Notwithstanding Section 49422, any pupil who is required to take, during the regular schoolday, medication prescribed for the pupil by a physician and surgeon or ordered for the pupil by a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, may be assisted by the school nurse or other designated school personnel, or may carry and self-administer a prescription epinephrine delivery system, if the local educational agency receives the appropriate written statements identified in subdivision (b). (b) (1) In order for a pupil to be assisted by a school nurse or other designated school personnel pursuant to subdivision (a), the local educational agency shall obtain both a written statement from the physician and surgeon or physician assistant detailing the name of the medication, method, amount, and time schedules by which the medication is to be taken and a written statement from the parent, foster parent, or guardian of the pupil indicating the desire that the local educational agency assist the pupil in the matters set forth in the statement of the physician and surgeon or physician assistant. (2) In order for a pupil to carry and self-administer a prescription epinephrine delivery system pursuant to subdivision (a), the local educational agency shall obtain both a written statement from the physician and surgeon or physician assistant detailing the name of the medication, method, amount, and time schedules by which the medication is to be taken, and confirming that the pupil is able to self-administer the epinephrine delivery system, and a written statement from the parent, foster parent, or guardian of the pupil consenting to the self-administration, providing a release for the school nurse or other designated school personnel to consult with the health care provider of the pupil regarding any questions that may arise with regard to the medication, and releasing the local educational agency and school personnel from civil liability if the self-administering pupil suffers an adverse reaction as a result of self-administering medication pursuant to this paragraph. (3) The written statements specified in this subdivision shall be provided at least annually and more frequently if the medication, dosage, frequency of administration, or reason for administration changes. (c) A pupil may be subject to disciplinary action pursuant to Section 48900 if that pupil uses an epinephrine delivery system in a manner other than as prescribed. (d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2025, Ch. 322, Sec. 3. (SB 568) Effective January 1, 2026.)
  55. 49423.1.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district may allow a qualifying pupil to get help with prescribed medication or carry and self-administer inhaled asthma medication, but only after receiving the required written statements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49423.1. (a) Notwithstanding Section 49422, a pupil who is required to take, during the regular schoolday, medication prescribed for the pupil by a physician or surgeon, may be assisted by the school nurse or other designated school personnel or may carry and self-administer inhaled asthma medication if the school district receives the appropriate written statements specified in subdivision (b). (b) (1) In order for a pupil to be assisted by a school nurse or other designated school personnel pursuant to subdivision (a), the school district shall obtain both a written statement from the physician or surgeon detailing the name of the medication, method, amount, and time schedules by which the medication is to be taken and a written statement from the parent, foster parent, or guardian of the pupil requesting that the school district assist the pupil in the matters set forth in the statement of the physician or surgeon. (2) (A) In order for a pupil to carry and self-administer prescription inhaled asthma medication pursuant to subdivision (a), the school district shall obtain both a written statement from the physician or surgeon detailing the name of the medication, method, amount, and time schedules by which the medication is to be taken, and confirming that the pupil is able to self-administer inhaled asthma medication, and a written statement from the parent, foster parent, or guardian of the pupil consenting to the self-administration, providing a release for the school nurse or other designated school personnel to consult with the health care provider of the pupil regarding any questions that may arise with regard to the medication, and releasing the school district and school personnel from civil liability if the self-administering pupil suffers an adverse reaction by taking medication pursuant to this section. (B) (i) A school district shall accept the written statement from a physician or surgeon, as specified in this paragraph, from a physician or surgeon who is contracted with a health plan licensed pursuant to Section 1351.2 of the Health and Safety Code. A written statement specified in this subparagraph shall be provided in both English and Spanish, and shall include the name and contact information for the physician or surgeon. (ii) A school nurse or other school personnel shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions relating to a pupil self-administering inhaled asthma medication in accordance with this subparagraph. A school district shall not be subject to civil liability if a pupil self-administering inhaled asthma medication in accordance with this subparagraph suffers an adverse reaction. (3) The written statements specified in this subdivision shall be provided at least annually and more frequently if the medication, dosage, frequency of administration, or reason for administration changes. (c) A pupil may be subject to disciplinary action pursuant to Section 48900 if the pupil uses inhaled asthma medication in a manner other than as prescribed. (Amended by Stats. 2019, Ch. 101, Sec. 2. (AB 743) Effective January 1, 2020.)
  56. 49423.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain students with exceptional needs may be assisted with specialized physical health care services by specified qualified people during the regular schoolday.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49423.5. (a) Notwithstanding Section 49422, an individual with exceptional needs who requires specialized physical health care services, during the regular schoolday, may be assisted by any of the following individuals: (1) Qualified persons who possess an appropriate credential issued pursuant to Section 44267 or 44267.5, or hold a valid certificate of public health nursing issued by the Board of Registered Nursing. (2) Qualified designated school personnel trained in the administration of specialized physical health care if they perform those services under the supervision, as defined by Section 3051.12 of Title 5 of the California Code of Regulations, of a credentialed school nurse, public health nurse, or licensed physician and surgeon and the services are determined by the credentialed school nurse or licensed physician and surgeon, in consultation with the physician treating the pupil, to be all of the following: (A) Routine for the pupil. (B) Pose little potential harm for the pupil. (C) Performed with predictable outcomes, as defined in the individualized education program of the pupil. (D) Do not require a nursing assessment, interpretation, or decisionmaking by the designated school personnel. (3) For basic respiratory services authorized by subdivision (l) of Section 3765 of the Business and Professions Code, a vocational nurse licensed by the Board of Vocational Nursing and Psychiatric Technicians of the State of California under the supervision of a credentialed school nurse. (b) Specialized health care or other services that require medically related training shall be provided pursuant to the procedures prescribed by Section 49423. (c) Persons providing specialized physical health care services shall also demonstrate competence in basic cardiopulmonary resuscitation and shall be knowledgeable of the emergency medical resources available in the community in which the services are performed. (d) “Specialized physical health care services,” as used in this section, includes catheterization, gastric tube feeding, suctioning, or other services that require medically related training. (e) Regulations necessary to implement this section shall be developed jointly by the State Department of Education and the State Department of Health Care Services, and adopted by the state board. (f) This section does not diminish or weaken any federal requirement for serving individuals with exceptional needs under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and its implementing regulations, and under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and its implementing regulations. (g) This section does not affect current state law or regulation regarding medication administration. (h) It is the intent of the Legislature that this section not cause individuals with exceptional needs to be placed at schoolsites other than those they would attend but for their needs for specialized physical health care services. (Amended by Stats. 2025, Ch. 582, Sec. 2. (SB 389) Effective January 1, 2026.)
  57. 49423.5.1.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Department of Education must review needed updates to certain regulations and make recommendations to the State Board of Education by June 15, 2001.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49423.5.1. On or before June 15, 2001, the State Department of Education shall review and make recommendations to the State Board of Education regarding any needed updates to the regulations adopted pursuant to subdivision (e) of Section 49423.5. (Added by Stats. 2000, Ch. 281, Sec. 1. Effective January 1, 2001.)
  58. 49423.6.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Department of Education must develop and recommend regulations, and the State Board of Education must adopt them, for administering medication in public 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49423.6. (a) On or before June 15, 2001, the State Department of Education shall develop and recommend to the State Board of Education, and the board shall adopt regulations, regarding the administration of medication in the public schools pursuant to Section 49423. These regulations shall be developed in consultation with parents, representatives of the medical and nursing professions, and other individuals jointly designated by the Superintendent of Public Instruction, the Advisory Commission on Special Education established pursuant to Section 33590, and the Department of Health Services. The Board of Registered Nursing may designate a liaison to consult with the Board of Education in the adoption of these regulations. (b) Any regulations adopted pursuant to this section shall be limited to addressing a situation where a pupil’s parent or legal guardian has initiated a request to have a local educational agency dispense medicine to a pupil, based on the written consent of the pupil’s parent or legal guardian, for a specified medicine with a specified dosage, for a specified period of time, as prescribed by a physician or other authorized medical personnel. (Added by Stats. 2000, Ch. 281, Sec. 2. Effective January 1, 2001.)
  59. 49424.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    This section defines a school psychologist and describes the kinds of services the role provides in California public 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49424. A school psychologist is a credentialed professional whose primary objective is the application of scientific principles of learning and behavior to ameliorate school-related problems and to facilitate the learning and development of children in the public schools of California. To accomplish this objective the school psychologist provides services to children, teachers, parents, community agencies, and the school system itself. These services include: (a) Consultation with school administrators concerning appropriate learning objectives for children, planning of developmental and remedial programs for pupils in regular and special school programs, and the development of educational experimentation and evaluation. (b) Consultation with teachers in the development and implementation of classroom methods and procedures designed to facilitate pupil learning and to overcome learning and behavior disorders. (c) Consultation with parents to assist in understanding the learning and adjustment processes of children. (d) Consultation with community agencies, such as probation departments, mental health clinics, and welfare departments, concerning pupils who are being served by such community agencies. (e) Consultation and supervision of pupil personnel services workers. (f) Psychoeducational assessment and diagnosis of specific learning and behavioral disabilities, including, but not limited to, case study evaluation, recommendations for remediation or placement, and periodic reevaluation of such children. (g) Psychological counseling of and other therapeutic techniques with children and parents, including parent education. (Enacted by Stats. 1976, Ch. 1010.)
  60. 49425.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A licensed physician does not need a credential when the physician’s only service for a school district or county superintendent is serving on a committee for pupil review and recommendations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49425. Notwithstanding the provisions of Section 49422, a licensed physician need not hold a credential if his sole service for a school district or county superintendent of schools is service as a member of a committee whose function is to consider written and oral information and reports concerning the pupil that are available to the committee and, upon the basis of such information and reports, to recommend the admission of the pupil to, or his discharge from, special schools and classes for exceptional children. (Enacted by Stats. 1976, Ch. 1010.)
  61. 49426.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A school nurse may carry out listed school health services if the local governing board authorizes it, and a qualified credential holder may teach health 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49426. A school nurse is a registered nurse currently licensed under Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, and who has completed the additional educational requirements for, and possesses a current credential in, school nursing pursuant to Section 44877. School nurses strengthen and facilitate the educational process by improving and protecting the health status of children and by identification and assistance in the removal or modification of health-related barriers to learning in individual children. The major focus of school health services is the prevention of illness and disability, and the early detection and correction of health problems. The school nurse is especially prepared and uniquely qualified in preventive health, health assessment, and referral procedures. Nothing in this section shall be construed to limit the scope of professional practice or otherwise to change the legal scope of practice for any registered nurse or other licensed healing arts practitioner. Rather, it is the intent of the Legislature to provide positively for the health services, many of which may be performed in the public schools only by physicians and school nurses. School nurses may perform, if authorized by the local governing board, the following services: (a) Conduct immunization programs pursuant to Section 49403 and assure that every pupil’s immunization status is in compliance with the law, including parental or guardian consent, and good health practice. (b) Assess and evaluate the health and developmental status of pupils to identify specific physical disorders and other factors relating to the learning process, communicate with the primary care provider, and contribute significant information in order to modify the pupils’ educational plans. (c) Interpret the health and developmental assessment to parents, teachers, administrators, and other professionals directly concerned with the pupil. (d) Design and implement a health maintenance plan to meet the individual health needs of the students, incorporating plans directed by a physician. (e) Refer the pupil and his or her parent or guardian to appropriate community resources for necessary services. (f) Maintain communication with parents and all involved community practitioners and agencies to promote needed treatment and secure reports of findings pertinent to educational planning. (g) Interpret medical and nursing findings appropriate to the student’s individual educational plan and make recommendations to professional personnel directly involved. (h) Consult with, conduct in-service training to, and serve as a resource person to teachers and administrators, and act as a participant in implementing any section or sections of a comprehensive health instruction curriculum for students by providing current scientific information regarding nutrition, preventive dentistry, mental health, genetics, prevention of communicable diseases, self-health care, consumer education, and other areas of health. (i) Counsel pupils and parents by: (1) Assisting children and youth, parents, and school personnel in identifying and utilizing appropriate and mutually acceptable private and community health delivery services for professional care and remediation of defects. (2) Counseling with parents, pupils and school staff regarding health-related attendance problems. (3) Helping parents, school personnel and pupils understand and adjust to physical, mental and social limitations. (4) Exploring with families and pupils, attitudes, information and values which affect their health behavior. (j) Assist parents and pupils to solve financial, transportation and other barriers to needed health services. The holder of a services credential with a specialization in health for a school nurse who also completes the requirements for a special class authorization in health in a program that is approved by the commission is authorized to teach classes on health in a preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults. (Amended by Stats. 1994, Ch. 172, Sec. 4. Effective January 1, 1995.)
  62. 49426.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    This section lets a local educational agency hire a licensed vocational nurse only if it meets specific recruitment, approval, supervision, agreement, reporting, and indemnification 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49426.5. (a) A licensed vocational nurse hired pursuant to this section shall be supervised by a credentialed school nurse who is employed as a school nurse at the same local educational agency or at another local educational agency. (b) (1) If a local educational agency elects to hire a licensed vocational nurse to be supervised by a credentialed school nurse employed by another local educational agency, both local educational agencies shall enter into a written agreement containing all of the following: (A) The duties of the credentialed school nurse and the licensed vocational nurse. (B) A communication policy delineating how the licensed vocational nurse and the credentialed school nurse are to communicate. (C) The indemnification requirement pursuant to subdivision (h). (D) The financial arrangement between the local educational agencies. (E) The additional compensation for the credentialed school nurse to act as a supervisor. (2) A local educational agency is only authorized to hire a licensed vocational nurse pursuant to this subdivision if a written agreement with another local educational agency is in place. (c) (1) A local educational agency shall only hire a licensed vocational nurse pursuant to this section if a diligent search has been conducted for a suitable credentialed school nurse each school year. A diligent search shall include, but is not limited to, distributing job announcements, contacting college and university placement centers, and advertising in print or electronic media. Copies of all recruitment efforts and the salary or salary range advertised as part of the recruitment efforts shall be retained by the employing agency. (2) A local educational agency shall seek approval from its governing board or body before hiring a licensed vocational nurse pursuant to this section, including by submitting a declaration to its governing board or body containing all of the following: (A) That the local educational agency made a diligent effort to recruit a credentialed school nurse with the proper qualifications for the opening. (B) That the effort to recruit a credentialed school nurse was not successful. (C) That hiring a licensed vocational nurse is necessary to fulfill a critical need. (3) A local educational agency electing to hire a licensed vocational nurse pursuant to this section shall certify to the department, upon penalty of perjury, that a diligent recruitment effort to hire a credentialed school nurse was made. (d) Subdivision (a) shall not be interpreted to allow a licensed vocational nurse to go beyond the approved scope of practice pursuant to the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code). (e) A licensed vocational nurse hired pursuant to this section shall only operate under the supervision of a credentialed school nurse based on levels of supervision described in Section 3051.12 of Title 5 of the California Code of Regulations. (f) County offices of education are encouraged to establish networks of credentialed school nurses for employment by local educational agencies that are not able to hire a credentialed school nurse. County offices of education are encouraged to provide mentoring opportunities for licensed vocational nurses. (g) A local educational agency employing a credentialed school nurse who is supervising a licensed vocational nurse at another local educational agency pursuant to this section shall have indemnification for the supervisorial liability from the local educational agency employing the licensed vocational nurse. (h) A credentialed school nurse who is supervising a licensed vocational nurse at another local educational agency pursuant to this section shall have indemnification for the supervisorial liability from the local educational agency employing the licensed vocational nurse. (i) If a local educational agency uses its authority pursuant to this section, the local educational agency shall report its use of that authority to the department. (j) (1) On or before January 1, 2028, the department shall submit a report to the Legislature containing a list of the local educational agencies that have used their authority pursuant to this section. (2) The report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (k) As used in this section, the following terms have the following meanings: (1) “Credentialed school nurse” means only qualified persons who possess an appropriate credential issued pursuant to Section 44267.5. (2) “Licensed vocational nurse” means a person licensed pursuant to the provisions of Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code. (3) “Local educational agency” means a school district, county office of education, or charter school. (l) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2023, Ch. 853, Sec. 1. (AB 1722) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.)
  63. 49427.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    The Legislature says school district boards and county superintendents should maintain fundamental school health services at an adequate level.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49427. (a) It is the intent of the Legislature that the governing board of each school district and each county superintendent of schools maintain fundamental school health services at a level that is adequate to accomplish all of the following: (1) Preserve pupils’ ability to learn. (2) Fulfill existing state requirements and policies regarding pupils’ health. (3) Contain health care costs through preventive programs and education. (b) The Legislature finds and declares that the provision of these services may be in jeopardy due to the current caseloads in the public schools, and that failure to maintain adequate health services and standards will result in pupils’ poorer health and ability to learn. (Amended by Stats. 1994, Ch. 922, Sec. 107. Effective January 1, 1995.)
  64. 49428.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Schools and charter schools must notify pupils and parents or guardians at least twice each school year about how to access pupil mental health services, using at least two notification methods for each group.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49428. (a) A school of a school district or county office of education and a charter school shall notify pupils and parents or guardians of pupils no less than twice during the school year on how to initiate access to available pupil mental health services on campus or in the community, or both, as follows: (1) A school shall use at least two of the following methods to notify parents or guardians: (A) Distributing the information in a letter electronically or in hardcopy, including, but not limited to, through the postal service. (B) Including the information in the parent handbook at the beginning of the school year in accordance with Section 48980. (C) Posting the information on the school’s Internet Web site or social media Internet Web page. (2) A school shall use at least two of the following methods to notify pupils: (A) Distributing the information in a document or school publication electronically or in hardcopy. (B) Including the information in pupil orientation materials at the beginning of the school year or in a pupil handbook. (C) Posting the information on the school’s Internet Web site or social media Internet Web page. (b) (1) A county may use funds from the Mental Health Services Act, enacted by the voters at the November 2, 2004, statewide general election as Proposition 63, to provide a grant to a school district or county office of education, or to a charter school, within the county, for purposes of funding the activities required pursuant to subdivision (a). (2) A school district or county office of education, or a charter school, may apply to its respective county for a grant pursuant to paragraph (1). (Added by Stats. 2018, Ch. 484, Sec. 1. (AB 2022) Effective January 1, 2019.)
  65. 49428.1.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    The department must develop and post model referral protocols for pupil behavioral health concerns, and those protocols must meet specific content and consultation 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49428.1. (a) On or before June 1, 2025, the department shall develop model referral protocols for addressing pupil behavioral health concerns. In developing these protocols, the department shall consult with the State Department of Health Care Services, the members of the Student Mental Health Policy Workgroup, local educational agencies that have served as state or regional leaders in state or federal pupil behavioral health initiatives, county behavioral health programs, current classroom teachers and administrators, current schoolsite classified staff, current schoolsite staff who hold pupil personnel services credentials, current school nurses, current school counselors, and other professionals involved in pupil behavioral health as the department deems appropriate. The department shall also select at least one member of each of the following groups to consult with in developing the protocols: (1) Current high school pupils. (2) Parents of current high school or middle school pupils. (3) Parents of current elementary school pupils. (b) These protocols shall be designed for use, on a voluntary basis, by schoolsites, school districts, county offices of education, charter schools, the California School for the Deaf, and the California School for the Blind, and by teacher, administrator, school counselor, pupil personnel services, and school nurse preparation programs operated by postsecondary educational institutions. The protocols shall do all of the following: (1) Address the appropriate and timely referral by school staff of pupils with behavioral health concerns. (2) Reflect a multitiered system of support process and positive behavioral interventions and supports. These protocols are encouraged to be used in lieu of disciplinary actions, and pupils who may be the subject of disciplinary action should be able to access these protocols and should not be prohibited from accessing them. (3) Be adaptable to varied local service arrangements for behavioral health services. (4) (A) Reflect evidence-based and culturally appropriate approaches to pupil behavioral health referral without disciplinary actions. (B) For purposes of this paragraph, “evidence-based” means peer-reviewed, scientific research evidence, including studies based on research methodologies that control threats to both the internal and the external validity of the research findings. (5) Address the inclusion of parents and guardians in the referral process. (6) Be written to ensure clarity and ease of use by certificated and classified school employees. (7) Reflect differentiated referral processes for pupils with disabilities and other populations for whom the referral process may be distinct. (8) Be written to ensure that school employees act only within the authorization or scope of their credential or license. This section shall not be construed as authorizing or encouraging school employees to diagnose or treat youth behavioral health disorders unless they are specifically licensed and employed to do so. (9) Be consistent with state activities conducted by the department in the administration of federally funded behavioral health programs. (c) The department shall consider, when developing protocols under this section, the school behavioral health referral pathways toolkit developed by the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services. (d) The department shall post the model referral protocols on its internet website so that they may be accessed and used by educational institutions specified in subdivision (b). (Amended by Stats. 2024, Ch. 38, Sec. 56. (SB 153) Effective June 29, 2024.)
  66. 49428.15.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    The department must recommend best practices and identify evidence-based or evidence-informed training programs for schools to address youth behavioral health, and the section applies only if funding is appropriated.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49428.15. (a) For purposes of this section, the following definitions apply: (1) “Evidence-based” means peer-reviewed, scientific research evidence, including studies based on research methodologies that control threats to both the internal and the external validity of the research findings. (2) “Evidence-informed” means using research that is already available and has been tested for efficacy and effectiveness. This evidence is then combined with the experiences and expertise of the training program developers to best fit the population intended to be served. (3) “Local educational agency” means a county office of education, school district, state special school, or charter school that serves pupils in any of grades 7 to 12, inclusive. (4) “Youth behavioral health disorders” means pupil mental health and substance use disorders. (5) “Youth behavioral health training” means training addressing the signs and symptoms of a pupil mental health or substance use disorder. (b) The department shall, on or before January 1, 2023, recommend best practices, and identify evidence-based and evidence-informed training programs for schools to address youth behavioral health, including, but not necessarily limited to, staff and pupil training. (c) In identifying one or more evidence-based or evidence-informed youth behavioral health training programs for use by local educational agencies to train school staff or pupils pursuant to subdivision (b), the department shall ensure that each training program meets all of the following requirements: (1) Provides instruction on recognizing the signs and symptoms of youth behavioral health disorders, including common psychiatric conditions and substance use disorders such as opioid and alcohol abuse. (2) Provides instruction on how school staff can best provide referrals to youth behavioral health services or other support to individuals in the early stages of developing a youth behavioral health disorder. (3) Provides instruction on how to maintain pupil privacy and confidentiality in a manner consistent with federal and state privacy laws. (4) Provides instruction on the safe de-escalation of crisis situations involving individuals with a youth behavioral health disorder. (5) Is capable of assessing trainee knowledge before and after training is provided in order to measure training outcomes. (6) Is administered by a nationally recognized training authority in youth behavioral health disorders or by a local educational agency. (7) (A) Includes in-person and virtual training with certified instructors who can recommend resources available in the community for individuals with a youth behavioral health disorder. (B) For purposes of this paragraph, “certified instructors” means individuals who obtain or have obtained a certification to provide the selected youth behavioral health training. (d) This section shall be implemented only to the extent that an appropriation is made in the annual Budget Act or another statute for these purposes. (Amended by Stats. 2025, Ch. 241, Sec. 4. (SB 857) Effective January 1, 2026.)
  67. 49428.16.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    The department must keep certain opioid-overdose prevention and naloxone resource materials 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49428.16. (a) It is the intent of the Legislature to assist local educational agencies in developing strategies for preventing pupil opioid overdoses, including synthetic opioids. (b) The Legislature encourages county offices of education to establish a County Working Group on Fentanyl Education in Schools for the purposes of outreach, building awareness, and collaborating with local health agencies regarding fentanyl overdoses. A County Working Group on Fentanyl Education in Schools is encouraged to, at a minimum, include representatives of local educational agencies within the county and the county public health department. (c) The department shall curate and maintain on its internet website all of the following: (1) Informational materials containing awareness and safety advice, for school staff, pupils, and parents or guardians of pupils, on how to prevent an opioid overdose and any relevant information developed by a County Working Group on Fentanyl Education in Schools established pursuant to subdivision (b). (2) Resource information on an entity’s application process for the statewide standing order issued by the State Public Health Officer pursuant to Section 1714.22 of the Civil Code, and resource information on an entity’s participation in the Naloxone Distribution Project administered by the State Department of Health Care Services. (3) Resource information on the provision of emergency naloxone hydrochloride or another opioid antagonist, as described in Section 49414.3. (d) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a county office of education, school district, state special school, or charter school that serves pupils in any of grades 7 to 12, inclusive. (2) “Opioid antagonist” means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose. (Added by Stats. 2023, Ch. 856, Sec. 6. (SB 10) Effective January 1, 2024.)
  68. 49428.2.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Local educational agencies must adopt a pupil behavioral health referral policy, provide specified staff training, and certify training completion by July 1, 2029.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49428.2. (a) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a county office of education, school district, state special school, or charter school that serves pupils in any of grades 7 to 12, inclusive. (2) “Youth behavioral health disorders” means pupil mental health and substance use disorders. (3) “Youth behavioral health training” means training that develops awareness of trauma and the brain’s response to stress and the protective factors for behavioral health and well-being that support healing and resilience. (b) (1) The governing board or body of a local educational agency shall, before January 31, 2026, adopt, at a regularly scheduled meeting, a policy on referral protocols for addressing pupil behavioral health concerns in grades 7 to 12, inclusive. The policy shall be developed in consultation with school and community stakeholders and school-linked behavioral health professionals, and shall, at a minimum, address procedures relating to referrals to behavioral health professionals and support services. Policies adopted before the date of enactment of the act that added this section may be considered to meet the requirements of this section, if they fulfill the requirements of this section. (2) The policy adopted pursuant to paragraph (1) shall either be based on the model policy developed by the department or be consistent with subdivision (b) of Section 49428.1. (3) The policy adopted pursuant to paragraph (1) shall specifically address the needs of high-risk groups, including, but not limited to, all of the following: (A) Pupils bereaved by death or loss of a close family member or friend. (B) Pupils for whom there is concern due to behavioral health disorders, including common psychiatric conditions and substance use disorders such as opioid and alcohol abuse. (C) Pupils with disabilities, mental illness, or substance use disorders. (D) Pupils experiencing homelessness or placed in out-of-home settings, such as foster care. (E) Lesbian, gay, bisexual, transgender, or questioning pupils. (4) (A) The policy adopted pursuant to paragraph (1) shall also address any training to be provided to teachers of pupils in grades 7 to 12, inclusive, on pupil behavioral health. (B) Materials approved by a local educational agency for training shall include how to identify appropriate contacts for behavioral health evaluation, services, or both evaluation and services, at both the schoolsite and within the larger community, and when and how to refer pupils and their families to those services. (C) Materials approved for training may also include programs that can be completed through self-review of materials developed pursuant to this section. (5) The policy adopted pursuant to paragraph (1) shall be written to ensure that a school employee acts only within the authorization and scope of the employee’s credential or license. Nothing in this section shall be construed as authorizing or encouraging a school employee to diagnose or treat youth behavioral health disorders unless the employee is specifically licensed and employed to do so. (6) To assist local educational agencies in developing policies on referral protocols, the department shall develop and maintain a model policy in accordance with Section 49428.1 to serve as a guide for local educational agencies. (c) Subject to subdivision (d), on or before July 1, 2029, a local educational agency shall certify to the department that 100 percent of its certificated employees and 40 percent of its classified employees, who have direct contact with pupils in any of grades 7 to 12, have received youth behavioral health training at least one time, in accordance with all of the following: (1) The training provides instruction around the unique risk factors and warning signs of behavioral health problems in adolescents, builds understanding of the importance of early intervention, and teaches classified and certificated employees how to help an adolescent in crisis or experiencing a behavioral health challenge, including guidance on when to make referrals consistent with the policy adopted pursuant to subdivision (b). The training may also include the following: (A) Instruction on recognizing the signs and symptoms of youth behavioral health disorders, including, but not limited to, psychiatric conditions and substance use disorders such as opioid and alcohol abuse. (B) Instruction on how to maintain pupil privacy and confidentiality in a manner consistent with federal and state privacy laws. (C) Instruction on the safe de-escalation of crisis situations involving pupils with a youth behavioral health disorder. (2) Except as provided in paragraph (3), the youth behavioral health training is provided to classified and certificated employees during regularly scheduled work hours. (3) If a classified or certificated employee receives the youth behavioral health training in a manner other than through an in-service training program provided by the local educational agency, the employee may present a certificate of successful completion of the training to the local educational agency for purposes of satisfying the requirements of this subdivision. (4) The youth behavioral health training shall not be a condition of employment or hiring for classified or certificated employees. (5) A local educational agency may use the training described in subdivision (c) of Section 49428.15 to meet the requirements of this section. (d) A local educational agency may exclude a licensed behavioral health professional who holds a pupil personnel services credential from the youth behavioral health training required by this section. (e) A local educational agency may meet the requirements of subdivision (c) through an alternative approach by adopting a policy that describes how this approach is consistent with the goals specified in subdivision (c) but better meets the needs of pupils. (f) Any parts of this section that fall within the scope of representation, as that term is used in paragraph (1) of subdivision (a) of Section 3543.2 of the Government Code, are subject to bargaining with the exclusive representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (g) It is the intent of the Legislature that the sum of thirty-five million dollars ($35,000,000), or as much of that amount as is available, be allocated to the department, for apportionments to local educational agencies in the 2025–26 fiscal year pursuant to paragraph (2) of subdivision (c) of Section 36005 of the Revenue and Taxation Code. Upon appropriation for this purpose, all of the following shall apply: (1) The funding shall be provided on a per-pupil basis for each pupil enrolled in grades 7 to 12, inclusive, as reported in the California Longitudinal Pupil Achievement Data System for the prior year Fall 1 Submission to meet the requirements of this section. (2) Local educational agencies shall first use the funding provided to support the youth behavioral health training described in subdivision (c). (3) If there are remaining funds, local educational agencies shall use the funds to offer additional training consistent with this section or to increase the number of staff that hold a pupil personnel services credential within the local educational agency. (h) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed. (Amended by Stats. 2025, Ch. 241, Sec. 3. (SB 857) Effective January 1, 2026. Inoperative July 1, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.)
  69. 49428.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Schools serving grades 6 to 12 must create and display a mental health poster, and the department must maintain a model poster.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49428.5. (a) On or before the start of the 2023–24 school year, each schoolsite in a school district, county office of education, or charter school, serving pupils in any of grades 6 to 12, inclusive, shall create a poster that identifies approaches and shares resources regarding pupil mental health. (b) The schoolsite may partner with pupils enrolled at that schoolsite, local, state, or federal agencies, or nonprofit organizations, for purposes of the design and content of the poster. (c) The language in the poster shall be age appropriate and culturally relevant, and the schoolsite may partner with pupils enrolled at that schoolsite, local, state, or federal agencies, or nonprofit organizations, for these purposes. (d) The poster shall be displayed in English and any primary language spoken by 15 percent or more of the pupils enrolled at the schoolsite as determined pursuant to Section 48985. (e) The poster shall be no smaller than 8.5 by 11 inches and use at least 12-point font. (f) The poster shall display, at a minimum, all of the following: (1) Identification of common behaviors of those struggling with mental health or who are in a mental health crisis, including, but not limited to, anxiety, depression, eating disorders, emotional dysregulation, bipolar episodes, and schizophrenic episodes. (2) A list of, and contact information for, schoolsite-specific resources, including, but not limited to, counselors, wellness centers, and peer counselors. (3) A list of, and contact information for, community resources, including, but not limited to, suicide prevention, substance abuse, child crisis, nonpolice mental health hotlines, public behavioral health services, and community mental health centers. (4) A list of positive coping strategies to use when dealing with mental health, including, but not limited to, meditation, mindfulness, yoga, breathing exercises, grounding skills, journaling, acceptance, and seeking therapy. (5) A list of negative coping strategies to avoid, including, but not limited to, substance abuse or self-medication, violence and abuse, self-harm, compulsivity, dissociation, catastrophizing, and isolating. (g) (1) (A) Commencing with the 2023–24 school year, the poster shall be prominently and conspicuously displayed in appropriate public areas that are accessible to, and commonly frequented by, pupils at each schoolsite. (B) The governing board of a school district, governing body of a charter school, and county board of education shall have full discretion to select additional appropriate public areas that are accessible to, and commonly frequented by, pupils to display the poster at the schoolsite. These areas may include, but are not limited to, bathrooms, locker rooms, classrooms, classroom hallways, gymnasiums, auditoriums, cafeterias, wellness centers, and offices. (2) The poster shall be digitized and distributed online to pupils through social media, internet websites, portals, and learning platforms at the beginning of each school year. (3) To assist school districts, county offices of education, and charter schools in developing policies for pupil suicide prevention, the department shall develop and maintain a model poster, in collaboration with mental health experts, pupils, and administrators, in accordance with this section to serve as a guide for school districts, county offices of education, and charter schools. (h) No basis for civil liability is created by this section for any school district, county office of education, or charter school serving pupils in any of grades 6 to 12, inclusive. (Added by Stats. 2022, Ch. 431, Sec. 1. (AB 748) Effective January 1, 2023.)
  70. 49429.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    The department must develop telehealth guidelines for public schools by December 31, 2022, and post them 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49429. (a) The department, in consultation with the State Department of Health Care Services and appropriate stakeholders, including stakeholders with experience in telehealth, as defined in subdivision (d), shall develop guidelines on or before December 31, 2022, for the use of telehealth technology in public schools, including charter schools, to provide mental health and behavioral health services to pupils on school campuses. (b) The guidelines developed pursuant to subdivision (a) shall include, but are not limited to, guidance on all of the following: (1) Qualifications of individuals authorized to provide assistance, within their scope of practice, to pupils in accessing mental health and behavioral health services via telehealth technology at a schoolsite. (2) Qualifications of individuals authorized to provide mental health and behavioral health services, within their scope of practice, to pupils via telehealth technology. (3) Potential sources of funding for the purchase of the necessary equipment and technology infrastructure by schools to allow schools to provide telehealth services. (4) The ability of mental and behavioral health services providers to access reimbursement through the Medi-Cal program or other sources for services provided to pupils at schoolsites via telehealth technology. (5) The legal requirements for parental consent for the provision of mental health and behavioral health treatment of minors via telehealth technology. (6) Measures necessary to protect the security of data transmitted via telehealth technology. (7) Measures necessary to protect the privacy of pupil data pursuant to the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) and medical records pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). (8) Potential school district, county office of education, and charter school liability associated with the provision of telehealth services. (c) The department shall post the guidelines developed pursuant to this section on its internet website on or before December 31, 2022. (d) For purposes of this section, “telehealth” means the mode of delivering health care services via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a pupil’s health care while the pupil is at a schoolsite and the health care provider is at a distant site. (e) This section shall only be implemented if sufficient funds are made available to the department pursuant to an appropriation in the annual Budget Act or another statute for that purpose. (Amended by Stats. 2021, Ch. 252, Sec. 25. (AB 167) Effective September 23, 2021.)
  71. 49429.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    County offices of education must coordinate agreements to share mental health professionals and key school personnel after disasters or traumatic events, and certain county offices must make border-sharing agreements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 49429.5. (a) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (b) On or before November 1, 2024, county offices of education, in consultation with the department and other relevant state and local agencies, shall coordinate agreements between school districts and charter schools within the county in order to develop a system through which qualified mental health professionals and other key school personnel employed by individual school districts and charter schools throughout the county could be rapidly deployed on a short- or long-term basis to an area of the county that has experienced a natural disaster or other traumatic event, in order to provide support to pupils and staff, to the extent the school district or charter school employing those professionals or personnel determines they can be deployed under the circumstances. In developing agreements for this system of sharing mental health professionals and other key school personnel, county offices of education shall consider, at a minimum, all of the following: (1) The cost of creating and maintaining the system described in this subdivision. (2) The criteria required for a local educational agency to request the use of mental health professionals and other key school personnel employed by another local educational agency. (3) Potential reimbursement between local educational agencies. (4) Reimbursement for travel expenses incurred by mental health professionals and other key school personnel. (c) Single school district county offices of education shall comply with subdivision (b) by entering into agreements with at least one other county office of education they share a border with. (d) County offices of education that share a county border with a single school district county office of education shall consult with and enter into agreements with at least one single school district county office of education in order to comply with subdivision (b). (Added by Stats. 2022, Ch. 909, Sec. 2. (AB 2072) Effective January 1, 2023.)
  72. 49430.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. )

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    This section defines terms used in the article about pupil nutrition, health, and achievement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. ) ## 49430. As used in this article, the following terms have the following meanings: (a) “Added sweetener” means an additive other than 100 percent fruit juice that enhances the sweetness of a beverage. (b) “Combination foods” means products that contain two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein, or grains. (c) “Competitive foods” means all food and beverages other than meals reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.) available for sale to pupils on the school campus during the schoolday. (d) “Deep fried” means a food item that is cooked by total submersion in oil or fat. (e) “Elementary school” means a school operated and maintained by a school district or county office of education that maintains any grade from kindergarten to grade 6, inclusive, but no grade higher than grade 6. (f) “Entrée” means a food that is generally regarded as being the primary food in a meal, and shall include, but not be limited to, sandwiches, burritos, pasta, and pizza. (g) “Flash fried” means a food item that is quickly fried on both sides in oil with a temperature of 400 degrees Fahrenheit or higher. (h) “High school” means a school operated and maintained by a school district or county office of education maintaining any of grades 9 to 12, inclusive. (i) “Middle school” means a school operated and maintained by a school district or county office of education that maintains grade 7 or 8, grades 7 to 9, inclusive, or grades 7 to 10, inclusive. (j) “Par fried” means a food item that is fried to reach an internal temperature of 160 degrees Fahrenheit then it is cooled to room temperature so that it may be refrigerated or frozen for future frying. (k) “School campus” means all areas of the property under the jurisdiction of the school that are accessible to pupils during the schoolday. (l) “Schoolday” means the period from the midnight before to 30 minutes after the end of the official schoolday. (m) “Snack” means a food that is generally regarded as supplementing a meal, including, but not limited to, chips, crackers, yogurt, cheese, nuts, seeds, fruit, or vegetables. (n) “Sold” means the exchange of food or beverages for money, coupons, vouchers, or order forms when any part of the exchange occurs on a school campus. (Amended by Stats. 2016, Ch. 280, Sec. 2. (SB 1169) Effective January 1, 2017.)
  73. 49430.3.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. )

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    This section says the article overrides conflicting laws about selling food items to public school 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. ) ## 49430.3. Notwithstanding any provisions of law, including, but not limited to, Chapter 3 (commencing with Section 38080) of Part 23 or Section 48931, this article shall control over contrary provisions relating to the sale of food items to public school pupils. (Added by Stats. 2001, Ch. 913, Sec. 2. Effective January 1, 2002.)
  74. 49430.7.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. )

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    Schools and school districts receiving certain meal funds must follow USDA meal patterns, avoid selling certain fried or trans-fat foods, and file an annual compliance certification; child development programs are only encouraged to follow similar guidelines.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. ) ## 49430.7. (a) For purposes of this section, the following terms have the following meanings: (1) “Child development program” means a program operated pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1. (2) “School” means a school operated and maintained by a school district or county office of education, or a charter school. (3) “School district” means a school district, charter school, or county office of education. (b) As a condition of receipt of state meal reimbursement funds pursuant to Article 10 (commencing with Section 49530), for meals and food items sold as part of the free and reduced-price meal programs, a school or school district shall comply with all of the following requirements and prohibitions: (1) Follow the United States Department of Agriculture meal pattern. (2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school or school district. (3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving. (4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat that is prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this paragraph include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit. (c) For meals and food items sold as part of the free and reduced-price meal programs, a child development program is encouraged to comply with all of the following guidelines: (1) Meet developmentally and programmatically appropriate meal pattern and the United States Department of Agriculture meal pattern. (2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school, school district, or child development program. (3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving. (4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this provision include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit. (d) As a condition of receipt of funds pursuant to Article 10 (commencing with Section 49530), schools and school districts shall provide the department with an annual certification of compliance with this section. (e) This section shall become operative only upon an appropriation for its purposes in the annual Budget Act or another statute. (Amended by Stats. 2021, Ch. 666, Sec. 43. (AB 486) Effective January 1, 2022.)
  75. 49431.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. )

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    Elementary schools may sell only specified competitive foods to pupils during the covered school-day window, with nutrition limits and a few fundraising 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. ) ## 49431. (a) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary school, the only competitive foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meets the following standards: (1) Not more than 35 percent of its total calories shall be from fat. This paragraph shall not apply to individually sold portions of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part-skim mozzarella cheese packaged for individual sale, eggs, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination. (2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part-skim mozzarella cheese packaged for individual sale, eggs, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination. (3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. This paragraph shall not apply to fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination. (4) Contains less than 0.5 grams of trans fat per serving. (5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil. (6) Contains not more than 200 calories per individual food item. (7) Beginning December 31, 2027, competitive foods do not contain any of the following substances: (A) Blue 1 (CAS 3844-45-9). (B) Blue 2 (CAS 860-22-0). (C) Green 3 (CAS 2353-45-9). (D) Red 40 (CAS 25956-17-6). (E) Yellow 5 (CAS 1934-21-0). (F) Yellow 6 (CAS 2783-94-0). (8) Beginning July 1, 2035, federal National School Lunch Program and federal School Breakfast Program food and competitive entrées sold by any entity, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do not include either of the following: (A) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (B) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (b) An elementary school may permit the sale of food items that do not comply with subdivision (a) as part of a school fundraising event in either of the following circumstances: (1) The sale of those items takes place off of and away from school premises. (2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (c) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section and Section 49431.5. (d) Nothing in this section shall be construed to prohibit a school from selling to a pupil, after the pupil has been provided a school meal pursuant to Section 49501.5, the entrée from an additional nutritiously adequate meal that qualifies for federal reimbursement, from the same meal service. (Amended by Stats. 2025, Ch. 467, Sec. 3. (AB 1264) Effective January 1, 2026.)
  76. 49431.2.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. )

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    Middle and high schools may sell only certain competitive snack foods during the school-day window, and competitive entrées must meet listed nutrition standards.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. ) ## 49431.2. (a) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, the only competitive snack foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meet all of the following standards: (1) Not more than 35 percent of its total calories shall be from fat. This paragraph does not apply to the sale of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part-skim mozzarella cheese packaged for individual sale, eggs, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination. (2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part-skim mozzarella cheese packaged for individual sale, eggs, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination. (3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugars. This paragraph shall not apply to the sale of fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination. (4) Contains less than 0.5 grams of trans fat per serving. (5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil. (6) Contains not more than 200 calories per individual food item. (7) Beginning December 31, 2027, competitive foods do not contain any of the following substances: (A) Blue 1 (CAS 3844-45-9). (B) Blue 2 (CAS 860-22-0). (C) Green 3 (CAS 2353-45-9). (D) Red 40 (CAS 25956-17-6). (E) Yellow 5 (CAS 1934-21-0). (F) Yellow 6 (CAS 2783-94-0). (8) Beginning July 1, 2035, competitive foods do not include either of the following: (A) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (B) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (b) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu shall meet the following standards: (A) Contains not more than 400 calories per entrée item. (B) Not more than 35 percent of its total calories shall be from fat. (C) Contains less than 0.5 grams trans fat per serving. (D) Is offered in the same or smaller portion sizes as in the federal National School Lunch Program or federal School Breakfast Program. (E) Beginning December 31, 2027, federal National School Lunch Program and federal School Breakfast Program entrées, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do not contain any of the following substances: (i) Blue 1 (CAS 3844-45-9). (ii) Blue 2 (CAS 860-22-0). (iii) Green 3 (CAS 2353-45-9). (iv) Red 40 (CAS 25956-17-6). (v) Yellow 5 (CAS 1934-21-0). (vi) Yellow 6 (CAS 2783-94-0). (F) Beginning July 1, 2035, federal National School Lunch Program and federal School Breakfast Program entrées, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do not include either of the following: (i) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (ii) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (2) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department but not the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu, or a competitive entrée sold by any other entity, shall meet the following standards: (A) Not more than 35 percent of its total calories shall be from fat. (B) Less than 10 percent of its calories shall be from saturated fat. (C) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. (D) Contains less than 0.5 grams of trans fat per serving. (E) Contains not more than 480 milligrams of sodium. (F) Contains not more than 350 calories. (G) Beginning December 31, 2027, federal National School Lunch Program and federal School Breakfast Program entrées and competitive entrées sold by any entity, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do not contain any of the following substances: (i) Blue 1 (CAS 3844-45-9). (ii) Blue 2 (CAS 860-22-0). (iii) Green 3 (CAS 2353-45-9). (iv) Red 40 (CAS 25956-17-6). (v) Yellow 5 (CAS 1934-21-0). (vi) Yellow 6 (CAS 2783-94-0). (H) Beginning July 1, 2035, federal National School Lunch Program and federal School Breakfast Program entrées and competitive entrées sold by any entity, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do not include either of the following: (i) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (ii) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (c) A middle school or high school may permit the sale of food items that do not comply with subdivision (a) or (b) in any of the following circumstances: (1) The sale of those items takes place off of and away from school premises. (2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (d) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section. (e) Nothing in this section shall be construed to prohibit a school from selling to a pupil, after the pupil has been provided a school meal pursuant to Section 49501.5, the entrée from an additional nutritiously adequate meal that qualifies for federal reimbursement, from the same meal service. (Amended by Stats. 2025, Ch. 467, Sec. 4. (AB 1264) Effective January 1, 2026.)
  77. 49431.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. )

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    Schools may sell only specified competitive beverages to pupils during the schoolday window, with listed ingredient and serving-size limits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. ) ## 49431.5. (a) (1) (A) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary or middle school, the only competitive beverages that may be sold to a pupil are the following: (i) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (ii) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (iii) Plain water or plain carbonated water. (iv) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, almond milk, and other similar nondairy milk in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (B) A beverage shall not contain any of the following: (i) Caffeine, with the exception of trace amounts of naturally occurring caffeine substances. (ii) Beginning December 31, 2027, any of the following substances: (I) Blue 1 (CAS 3844-45-9). (II) Blue 2 (CAS 860-22-0). (III) Green 3 (CAS 2353-45-9). (IV) Red 40 (CAS 25956-17-6). (V) Yellow 5 (CAS 1934-21-0). (VI) Yellow 6 (CAS 2783-94-0). (iii) Beginning July 1, 2035, either of the following: (I) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (II) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (2) An elementary school or middle school may permit the sale of beverages that do not comply with paragraph (1) as part of a school fundraising event in either of the following circumstances: (A) The sale of those items takes place off and away from the premises of the school. (B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (3) (A) From the midnight before to 30 minutes after the end of the official schoolday, at each high school, the only competitive beverages that may be sold to a pupil are the following: (i) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 12 fluid ounces. (ii) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 12 fluid ounces. (iii) Plain water or plain carbonated water. (iv) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, almond milk, and other similar nondairy milk in a maximum serving size of 12 fluid ounces. (v) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain less than five calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces. (vi) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. (vii) Electrolyte replacement beverages that are labeled to contain less than five calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces. (viii) Electrolyte replacement beverages that are labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. (B) Beverages labeled or commonly referred to as sodas, colas, or soft drinks are not allowed. (C) A beverage shall not contain any of the following: (i) Caffeine, with the exception of trace amounts of naturally occurring caffeine substances. (ii) Beginning December 31, 2027, any of the following substances: (I) Blue 1 (CAS 3844-45-9). (II) Blue 2 (CAS 860-22-0). (III) Green 3 (CAS 2353-45-9). (IV) Red 40 (CAS 25956-17-6). (V) Yellow 5 (CAS 1934-21-0). (VI) Yellow 6 (CAS 2783-94-0). (iii) Beginning July 1, 2035, either of the following: (I) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (II) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (4) A high school may permit the sale of beverages that do not comply with paragraph (3) as part of a school event if the sale of those items meets either of the following criteria: (A) The sale of those items takes place off and away from the premises of the school. (B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (b) It is the intent of the Legislature that the governing board of a school district annually review its compliance with this section. (c) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this section shall not be waived. (Amended by Stats. 2025, Ch. 467, Sec. 5. (AB 1264) Effective January 1, 2026.)
  78. 49431.7.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. )

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    Schools and school districts may not sell food containing artificial trans fat to kindergarten through 12th grade pupils during the specified school-day window.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. ) ## 49431.7. (a) From the midnight before to 30 minutes after the end of the official schoolday, a school or school district shall not sell to pupils enrolled in kindergarten, or any of grades 1 to 12, inclusive, food containing artificial trans fat, as defined in subdivision (b). (b) For purposes of this section, a food contains artificial trans fat if a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams of trans fat per serving. (c) This section shall not apply to food provided as part of a United States Department of Agriculture meal program. (Amended by Stats. 2016, Ch. 280, Sec. 8. (SB 1169) Effective January 1, 2017.)
  79. 49431.9.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. )

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    Schools that participate in federal meal programs generally may not advertise food or beverages during the schoolday or run certain reward programs tied to noncompliant foods, subject to listed 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. ) ## 49431.9. (a) For purposes of this section, and unless the context requires otherwise, the following terms have the following meanings: (1) “Advertising” means an oral, written, or graphic statement or representation, including a company logo or trademark, made for the purposes of promoting the use or sale of a product by the producer, manufacturer, distributor, seller, or any other entity with a commercial interest in the product. (2) “Brand” means a corporate or product name, a business logo, or a mark, regardless of whether it may legally qualify as a trademark used by a seller or manufacturer to identify goods or services and to distinguish them from competitors’ goods. (3) “Food or beverage” means any food or beverage that does not comply with the nutrition standards for food or beverages pursuant to this article. (4) “Schoolday” means the period from the midnight before to 30 minutes after the end of the official schoolday. (b) Except as provided in subdivision (c), a school, school district, or charter school that participates in the federal National School Lunch Program or federal School Breakfast Program shall not do either of the following: (1) Advertise any food or beverage during the schoolday unless the food or beverage product manufactured, sold, or distributed under the corporate brand name can be served or sold on the school campus during the schoolday. This prohibition includes the advertising during the schoolday on any property or facility owned or leased by the school district or school and used for school-related activities, including, but not limited to, school buildings, athletic fields, facilities, signs, scoreboards, or parking lots, or any schoolbuses or other vehicles, equipment, vending machines, uniforms, educational material, or supplies. (2) Participate in a corporate incentive program that rewards pupils with free or discounted foods or beverages that do not comply with the nutritional standards required pursuant to this article when the pupils reach certain academic goals. (c) The restriction on advertising in subdivision (b) does not apply to any of the following: (1) Advertising on broadcast, digital, or print media, unless the media are produced or controlled by the local educational agency, school, faculty, or its pupils. (2) Advertising on clothing with brand images worn on school grounds. (3) Advertising contained in product packaging. (4) Advertising of infrequent school fundraising events, involving food or beverages that do not meet the nutritional standards pursuant to this article. (d) This section does not require a school, school district, or charter school to replace durable, nonconsumable items that are not in compliance with this section, including, but not limited to, scoreboards or team uniforms, in use as of January 1, 2018, but requires a school, school district, or charter school to comply with this section as these items are replaced or contracts are renegotiated. (e) It is the intent of the Legislature that the governing board or body of a school district and a charter school annually review their compliance with this section. (Added by Stats. 2017, Ch. 843, Sec. 1. (AB 841) Effective January 1, 2018.)
  80. 49432.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. )

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    Public schools may post a summary of nutrition and physical activity laws and regulations, must tell the public about their local school wellness policy, and the department must develop the state-law summary.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. ) ## 49432. Every public school may post a summary of nutrition and physical activity laws and regulations, and shall inform the public about the content of the school’s local school wellness policy, established pursuant to the federal Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296). The department shall develop the summary of state law and regulations. (Amended by Stats. 2016, Ch. 280, Sec. 9. (SB 1169) Effective January 1, 2017.)
  81. 49434.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. )

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    The department must monitor compliance with this article using the USDA administrative review 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] ( Article 2.5 added by Stats. 2001, Ch. 913, Sec. 2. ) ## 49434. Compliance with this article shall be monitored by the department in conformity with the United States Department of Agriculture’s administrative review process, as published in the Federal Register, Volume 77, Number 17, on January 26, 2012. (Repealed and added by Stats. 2013, Ch. 706, Sec. 19. (AB 626) Effective January 1, 2014.)
  82. 49450.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board must adopt rules for pupil examinations that protect pupil care and keep noted defects confidential.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49450. The governing board of any school district shall make such rules for the examination of the pupils in the public schools under its jurisdiction as will insure proper care of the pupils and proper secrecy in connection with any defect noted by the supervisor of health or his assistant and may tend to the correction of the physical defect. (Enacted by Stats. 1976, Ch. 1010.)
  83. 49451.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A parent or guardian may file a yearly signed statement with the school principal refusing consent to a physical examination, which makes the child exempt from that examination.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49451. A parent or guardian having control or charge of any child enrolled in the public schools may file annually with the principal of the school in which he is enrolled a statement in writing, signed by the parent or guardian, stating that he will not consent to a physical examination of his child. Thereupon the child shall be exempt from any physical examination, but whenever there is a good reason to believe that the child is suffering from a recognized contagious or infectious disease, he shall be sent home and shall not be permitted to return until the school authorities are satisfied that any contagious or infectious disease does not exist. (Enacted by Stats. 1976, Ch. 1010.)
  84. 49452.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board must provide sight and hearing testing for each enrolled pupil, subject to Section 49451, and the tests must meet specified staffing and quality 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49452. (a) The governing board of a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the schools of the school district. (b) The test shall be adequate in nature and shall be given only by any of the following: (1) By duly qualified supervisors of health employed by the school district. (2) By certificated employees, registered nurses, or licensed vocational nurses, under the supervision of a credentialed school nurse, of the school district, charter school, or the county superintendent of schools who possess the qualifications prescribed by the Commission on Teacher Credentialing. (3) By contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the school district is located, under guidelines established by the state board. (4) By accredited schools or colleges of optometry, osteopathic medicine, or medicine. (c) The records of the tests shall serve as evidence of the need of the pupils for the educational facilities provided physically handicapped individuals. The equipment necessary to conduct the tests may be purchased or rented by governing boards of school districts. The state, any agency, or political subdivision thereof may sell or rent such equipment owned by it to the governing board of a school district upon terms as may be mutually agreeable. (d) As used in this section, the following definitions apply: (1) “Credentialed school nurse” means only qualified persons who possess an appropriate credential issued pursuant to Section 44267.5. (2) “Licensed vocational nurse” means a person licensed pursuant to the provisions of Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code. (Amended by Stats. 2023, Ch. 853, Sec. 2. (AB 1722) Effective January 1, 2024.)
  85. 49452.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards must arrange scoliosis screening for specified grade 7 and grade 8 pupils and notify parents or guardians when a pupil is suspected of scoliosis.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49452.5. The governing board of any school district shall, subject to Section 49451 and in addition to the physical examinations required pursuant to Sections 100275, 124035, and 124090 of the Health and Safety Code, provide for the screening of every female pupil in grade 7 and every male pupil in grade 8 for the condition known as scoliosis. The screening shall be in accord with standards established by the State Department of Education. The screening shall be supervised only by qualified supervisors of health as specified in Sections 44871 to 44878, inclusive, and Section 49422, or by school nurses employed by the district or the county superintendent of schools, or pursuant to contract with an agency authorized to perform these services by the county superintendent of schools of the county in which the district is located pursuant to Sections 1750 to 1754, inclusive, and Section 49402 of this code, Section 101425 of the Health and Safety Code, and guidelines established by the State Board of Education. The screening shall be given only by individuals who supervise, or who are eligible to supervise, the screening, or licensed chiropractors, or by certificated employees of the district or of the county superintendent of schools who have received in-service training, pursuant to rules and regulations adopted by the State Board of Education, to qualify them to perform these screenings. It is the intent of the Legislature that these screenings be performed, at no additional cost to the state, the school district, or the parent or guardian, during the regular schoolday and that any staff time devoted to these activities be redirected from other ongoing activities not related to the pupil’s health care. In-service training may be conducted by orthopedic surgeons, physicians, registered nurses, physical therapists, and chiropractors, who have received specialized training in scoliosis detection. Pupils suspected of having scoliosis during the initial screening shall be rescreened by an orthopedic surgeon when there will be no cost to the state, the school district, or the parent or guardian. No person screening pupils for scoliosis pursuant to this section shall solicit, encourage, or advise treatment or consultation by that person, or any entity in which that person has a financial interest, for scoliosis or any other condition discovered in the course of the screening. The governing board of any school district shall provide for the notification of the parent or guardian of any pupil suspected of having scoliosis. The notification shall include an explanation of scoliosis, the significance of treating it at an early age, and the public services available, after diagnosis, for treatment. Referral of the pupil and the pupil’s parent or guardian to appropriate community resources shall be made pursuant to Sections 49426 and 49456. No action of any kind in any court of competent jurisdiction shall lie against any individual, authorized by this section to supervise or give a screening, by virtue of this section. In enacting amendments to this section, it is the intent of the Legislature that no participating healing arts licentiate use the screening program for the generation of referrals or for his or her financial benefit. The Legislature does not intend to deny or limit the freedom of choice in the selection of an appropriate health care provider for treatment or consultation. (Amended by Stats. 1996, Ch. 1023, Sec. 41. Effective September 29, 1996.)
  86. 49452.6.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    The department must create type 1 diabetes informational materials for parents and guardians and make them available to school districts, county offices of education, and charter schools. School governing boards must provide the materials to parents or guardians when a pupil first enrolls in elementary school, or with the Section 48980 information, starting January 1, 2023.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49452.6. (a) The department, in coordination with any other entity the department deems appropriate, shall develop type 1 diabetes informational materials for the parents and guardians of pupils. The informational materials shall be made available to each school district, county office of education, and charter school through the department’s internet website. (b) On and after January 1, 2023, the governing board of a school district, county board of education, and governing body of a charter school shall make the type 1 diabetes informational materials accessible to the parent or guardian of a pupil when the pupil is first enrolled in elementary school, or with the information provided pursuant to Section 48980. (c) Information provided to parents and guardians pursuant to this section may include, but shall not be limited to, all of the following: (1) A description of type 1 diabetes. (2) A description of the risk factors and warning signs associated with type 1 diabetes. (3) A recommendation regarding those pupils displaying warning signs associated with type 1 diabetes that the parents or guardians of those pupils should immediately consult with the pupil’s primary care provider to determine if immediate screening for type 1 diabetes is appropriate. (4) A description of the screening process for type 1 diabetes and the implications of test results. (5) A recommendation that, following a type 1 diagnosis, parents or guardians should consult with the pupil’s primary care provider to develop an appropriate treatment plan, which may include consultation with and examination by a specialty care provider, including, but not limited to, a properly qualified endocrinologist. (Added by Stats. 2021, Ch. 674, Sec. 1. (SB 97) Effective January 1, 2022.)
  87. 49452.7.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    School districts must give parents or guardians of incoming 7th grade pupils an information sheet about type 2 diabetes, and the State Department of Education must develop and make the sheet available.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49452.7. (a) On and after July 1, 2010, the school district shall provide an information sheet regarding type 2 diabetes to the parent or guardian of incoming 7th grade pupils. The information sheet may be provided to the parent or guardian of incoming 7th graders with the information provided pursuant to Section 48980. The information sheet shall include, but shall not be limited to, all of the following: (1) A description of type 2 diabetes. (2) A description of the risk factors and warning signs associated with type 2 diabetes. (3) A recommendation that pupils displaying or possibly suffering from risk factors or warning signs associated with type 2 diabetes should be screened for type 2 diabetes. (4) A description of treatments and prevention methods of type 2 diabetes. (5) A description of the different types of diabetes screening tests available. (b) The information sheet shall be developed by the State Department of Education in coordination with any other entity the department deems appropriate. The information sheet shall be made available to each school district through the State Department of Education’s Web site and any other Web site the department deems appropriate, as well as by providing written copies of the information sheet to the school district upon written request to the department. (c) It is the intent of the Legislature that school districts, to the extent that resources or funds, or both, are available, provide information to parents regarding locations at which parents may receive diabetes screening and education services at free or reduced costs from public or private sources. (Added by Stats. 2006, Ch. 235, Sec. 2. Effective January 1, 2007.)
  88. 49452.8.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Certain pupils must provide proof of an oral health assessment by May 31, and schools and education agencies must notify families, collect reports, and maintain related data.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49452.8. (a) (1) A pupil, while enrolled in kindergarten in a public school, or while enrolled in first grade in a public school if the pupil was not previously enrolled in kindergarten in a public school, no later than May 31 of the school year, shall present proof of having received an oral health assessment by a licensed dentist, or other licensed or registered dental health professional operating within the professional’s scope of practice, that was performed no earlier than 12 months before the date of the initial enrollment of the pupil. (2) For purposes of this section, “kindergarten” includes both transitional kindergarten and kindergarten. The proof described in subdivision (a) shall be required only once during a two-year kindergarten program. (b) The parent or legal guardian of a pupil may be excused from complying with subdivision (a) by indicating on the form described in subdivision (d) that the oral health assessment could not be completed because of one or more of the reasons provided in subparagraphs (A) to (C), inclusive, of paragraph (2) of subdivision (d). (c) A public school shall notify the parent or legal guardian of a pupil described in subdivision (a) concerning the assessment requirement. The notification, at a minimum, shall consist of a letter that includes all of the following: (1) An explanation of the administrative requirements of this section. (2) Information on the importance of primary teeth. (3) Information on the importance of oral health to overall health and to learning. (4) A toll-free telephone number to request an application for Medi-Cal or other government-subsidized health insurance programs. (5) Contact information for county public health departments. (6) A statement of privacy applicable under state and federal laws and regulations. (d) In order to ensure uniform data collection, the department, in consultation with the state dental director and interested persons, shall develop, revise as necessary, and make available on the internet website of the department, a standardized notification form as specified in subdivision (c) that shall be used by each school district. The standardized form shall include all of the following: (1) A section to be used by the licensed dentist or other licensed or registered dental health professional performing the assessment to record information that is consistent with the information collected on the oral health assessment form developed by the Association of State and Territorial Dental Directors. (2) A section in which the parent or legal guardian of a pupil can indicate the reason why an assessment could not be completed by marking the box next to the appropriate reason. The reasons for not completing an assessment shall include all of the following: (A) Completion of an assessment poses an undue financial burden on the parent or legal guardian. (B) Lack of access by the parent or legal guardian to a licensed dentist or other licensed or registered dental health professional. (C) The parent or legal guardian does not consent to an assessment. (3) (A) A section stating that, if a school or school district hosts a free oral health assessment event at which licensed dentists or other licensed or registered dental health professionals perform schoolsite assessments of pupils enrolled in the school, a pupil shall be given an oral health assessment unless the parent or legal guardian of the pupil has opted out of the schoolsite assessment pursuant to subparagraph (B). (B) A section in which the parent or legal guardian of a pupil can indicate that the parent or legal guardian does not consent to the pupil receiving the oral health assessment described in subparagraph (A). A failure to opt out of the pupil oral health assessment pursuant to this subparagraph shall not be deemed to be consent for dental treatment of any kind. (C) A section informing the parent or legal guardian that a pupil shall not receive dental treatment of any kind as part of the schoolsite assessment described in subparagraph (A) unless the pupil’s parent or legal guardian has provided informed consent for the treatment. (e) Upon receiving completed assessments, all school districts, by July 1 of each year, shall submit a report to a system designated by the state dental director for the collection of those reports or the county office of education of the county in which the school district is located, or both. The report shall include all of the following: (1) The total number of pupils in the school district, by school, who are subject to the requirement to present proof of having received an oral health assessment pursuant to subdivision (a). (2) The total number of pupils described in paragraph (1) who present proof of an assessment. (3) The total number of pupils described in paragraph (1) who could not complete an assessment due to financial burden. (4) The total number of pupils described in paragraph (1) who could not complete an assessment due to lack of access to a licensed dentist or other licensed or registered dental health professional. (5) The total number of pupils described in paragraph (1) who could not complete an assessment because their parents or legal guardians did not consent to their child receiving the assessment. (6) The total number of pupils described in paragraph (1) who are assessed and found to have had caries experience. (7) The total number of pupils described in paragraph (1) who are assessed and found to have untreated decay. (8) The total number of pupils described in paragraph (1) who did not return either the assessment form or the waiver request to the school. (f) All school districts that have fulfilled the report requirement described in subdivision (e) by submitting a report to the county office of education and all county offices of education are encouraged to submit the report described in subdivision (e) to a system designated by the state dental director for the collection of those reports. (g) Each county office of education shall maintain the data described in subdivision (e) in a manner that allows the county office of education to release it upon request. (h) This section does not prohibit any of the following: (1) County offices of education from sharing aggregate data collected pursuant to this section with other governmental agencies, philanthropic organizations, or other nonprofit organizations for the purpose of data analysis. (2) Use of assessment data that is compliant with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) for purposes of conducting research and analysis on the oral health status of public school pupils in California. (i) (1) This section does not preclude a school district or county office of education from developing a schoolsite-based oral health assessment program to meet the requirements of this section. (2) If a school district or county office of education hosts an oral health assessment program, reports made to a parent, legal guardian, or caregiver of a pupil experiencing homelessness about a pupil defect identified from this oral health assessment should be made by alternative communication channels rather than mail, when possible. (j) The Office of Oral Health of the Chronic Disease Control Branch of the State Department of Public Health shall conduct or provide for the conducting of periodic evaluations of the requirements imposed by this section. The Office of Oral Health may receive private funds and contract with the University of California to fulfill the duties described in this subdivision. (k) Funds appropriated in the annual Budget Act for the activities required by this section shall first be used to offset reimbursement provided to local educational agencies pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for state-mandated costs imposed by this section. (Amended by Stats. 2025, Ch. 163, Sec. 2. (AB 677) Effective January 1, 2026.)
  89. 49454.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Certain school-district employees with specified credentials may test pupils’ hearing with an audiometer, subject to Section 49451.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49454. A person employed by a school district in a position requiring certification qualifications who holds a valid special credential authorizing the teaching of lipreading or the teaching of the deaf and hard of hearing or a standard teaching credential with specialized preparation in the area of the deaf and hard of hearing or in the area of the speech and hearing handicapped or who holds a certificate of registration to serve as a school audiometrist issued by the State Department of Health Services may, subject to Section 49451, test the hearing of pupils of the district through the use of an audiometer for the purpose of detecting pupils with impaired hearing. (Amended by Stats. 1981, Ch. 714, Sec. 96.)
  90. 49455.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Schools must appraise pupils’ vision at specified entry points and grades, with limited waiver and religious-exemption 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49455. (a) (1) During the kindergarten year or upon first enrollment or entry in a California school district of a pupil at an elementary school, and in grades 2, 5, and 8, the pupil’s vision shall be appraised by the school nurse or other authorized person under Section 49452. (2) A pupil whose first enrollment or entry occurs in grade 4 or 7 shall not be required to be appraised in the year immediately following the pupil’s first enrollment or entry. (b) The vision appraisal shall include tests for near vision, far vision, and color vision; however, color vision shall be appraised once and only on male pupils, and the results of the appraisal shall be entered in the health record of the pupil. Color vision appraisal need not begin until the male pupil has reached the first grade. (c) The appraisal may be waived, if the pupil’s parents so desire, by their presenting of a certificate from a physician and surgeon, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, or an optometrist setting out the results of a determination of the pupil’s vision, including visual acuity and color vision. (d) A pupil’s vision may be appraised by using an eye chart or any other scientifically validated photoscreening test. Photoscreening tests shall be performed, under an agreement with, or the supervision of, an optometrist or ophthalmologist, by the school nurse or a trained individual who meets requirements established by the department. (e) Continual and regular observation of the pupil’s eyes, appearance, behavior, visual performance, and perception that may indicate vision difficulties shall be done by the school nurse and the classroom teacher. (f) This section shall not apply to a pupil whose parents or guardian file with the principal of the school in which the pupil is enrolling, a statement in writing that they adhere to the faith or teachings of any well-recognized religious sect, denomination, or organization and in accordance with its creed, tenets, or principles depend for healing upon prayer in the practice of their religion. (g) The department shall adopt guidelines to implement this section, including training requirements and a method of testing for near vision. (Amended by Stats. 2023, Ch. 853, Sec. 3. (AB 1722) Effective January 1, 2024.)
  91. 49455.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Schools may offer nonprofit eye exams at schoolsites, but parents can opt out and providers must follow notice, reporting, and compliance 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49455.5. (a) A local educational agency maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit eye examination provider to provide eye examinations to pupils at any schoolsite within the local educational agency. Eye examinations provided under this section shall be supplemental to, and shall not replace, the vision screenings provided pursuant to Section 49455, and shall be noninvasive and provided exclusively for the purpose of providing eyeglasses. Examination providers providing eye examinations pursuant to this section shall provide reports to parents and guardians consistent with Section 49456. (b) (1) Before an eye examination is provided at a schoolsite pursuant to subdivision (a), the local educational agency shall have a memorandum of understanding in place with a nonprofit eye examination provider, including, but not limited to, a nonprofit mobile eye examination provider, and the school shall notify parents and guardians of the upcoming provision of eye examinations at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that they do not consent to an eye examination being provided, pursuant to subdivision (a), to their child. The parent or guardian may opt out of their child receiving an eye examination, pursuant to subdivision (a), by submitting the completed form to the school before an eye examination is provided at the schoolsite. Except as provided in clause (ii) of subparagraph (D) of paragraph (3) of subdivision (d), a parent or guardian who submits a written statement in accordance with Section 49451 is deemed to have opted out of their child receiving an eye examination pursuant to subdivision (a). (2) No later than March 1, 2023, the department shall develop and post on appropriate department internet websites a model opt-out form for purposes of paragraph (1). (c) (1) Notwithstanding any other law and subject to paragraph (3), participating licensed health care professionals, including independent contractors of those professionals, shall have immunity from civil and criminal liability, and shall not be subject to disciplinary action by a licensing board, for providing services that are authorized by this section without parent or guardian consent pursuant to this section or Section 49091.12. (2) Notwithstanding any other law and subject to paragraph (3), participating local educational agencies shall have immunity from civil and criminal liability for providing services that are authorized by this section without parent or guardian consent pursuant to this section or Section 49091.12. (3) This subdivision does not affect any of the following: (A) A person’s liability for damages caused by an act or omission that constitutes gross negligence or willful or wanton misconduct. (B) A person’s culpability for an act that constitutes a crime and is not specifically authorized by this section. (C) The ability of a licensing board to take disciplinary action against a licensed health care professional for an act not specifically authorized by this section. (D) (i) The ability of a parent or guardian, having control or charge of a pupil enrolled in the school, to file an annual written statement pursuant to Section 49451, stating that they do not consent to a physical examination of their child, thereby exempting the pupil from any physical examination, including, but not limited to, the eye examination authorized in this section. (ii) Notwithstanding the filing of a written statement exempting a child from any physical examination in accordance with Section 49451, a parent or guardian having control or charge of any child enrolled in the school may consent to an eye examination authorized in this section by means of executing a written consent to the examination, a copy of which shall be provided to the parent or guardian and the school. (d) Eye examination providers providing eye examinations to pupils at a school pursuant to this section are subject to, and shall comply with, Section 51520. (e) Any nonprofit eye examination provider, participating licensed health care professional, including independent contractors of these professionals, or other entity providing services under this section shall comply with the requirements of Section 45125.1 before interacting with any pupils. (f) Reports made to a parent, legal guardian, or caregiver of a pupil experiencing homelessness about a pupil defect identified from an eye examination facilitated by a nonprofit eye examination provider pursuant to this section should be made by alternative communication channels rather than mail, when possible. (g) 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) “Nonprofit mobile eye examination provider” means a nonprofit owner and operator of a “mobile optometric office,” as defined in subdivision (a) of Section 3070.2 of the Business and Professions Code. (Amended by Stats. 2025, Ch. 163, Sec. 3. (AB 677) Effective January 1, 2026.)
  92. 49456.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Health staff must report certain defects to a child’s parent or guardian, and written reports about visual defects must use an approved form and avoid naming a specific practitioner.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49456. (a) When a defect other than a visual defect has been noted by the supervisor of health or his assistant, a report shall be made to the parent or guardian of the child, asking the parent or guardian to take such action as will cure or correct the defect. Such report, if made in writing, shall not include any recommendation suggesting or directing the pupil to a designated individual for the purpose of curing or correcting any defect referred to in the report. (b) When a visual defect has been noted by the supervisor of health or his assistant, a report shall be made to the parent or guardian of the child, asking the parent or guardian to take such action as will correct the defect. Such report, if made in writing, must be made on a form prescribed or approved by the Superintendent of Public Instruction and shall not include therein any recommendation suggesting or directing the pupil to a designated individual or class of practitioner for the purpose of correcting any defect referred to in the report. (c) The provisions of this section do not prevent a supervisor of health from recommending in a written report that the child be taken to a public clinic or diagnostic and treatment center operated by a public hospital or by the state, county, or city department of public health. (Amended by Stats. 1978, Ch. 843.)
  93. 49457.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    The supervisor of health must make reports to the school district governing board about defective children and efforts to correct the defects.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49457. The supervisor of health shall make such reports from time to time as he deems best to the governing board of the school district, or as the board may call for, showing the number of defective children in the schools of the district and the effort made to correct the defects. (Enacted by Stats. 1976, Ch. 1010.)
  94. 49458.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    If a school district or county superintendent requires a physical exam for interscholastic athletics, the exam may be done by a physician and surgeon or a compliant physician assistant.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Physical Examinations [49450 - 49458] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 49458. When a school district or a county superintendent of schools requires a physical examination as a condition of participation in an interscholastic athletic program, the physical examination may be performed by a physician and surgeon or physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. (Added by Stats. 2010, Ch. 512, Sec. 8. (SB 1069) Effective January 1, 2011.)
  95. 49460.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] ( Article 4.5 added by Stats. 1992, Ch. 1246, Sec. 1. )

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    State education, health, and social services departments must jointly enter a collaborative agreement to set up a standardized school health assessment, with CSU coordinating the effort.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] ( Article 4.5 added by Stats. 1992, Ch. 1246, Sec. 1. ) ## 49460. (a) The State Department of Education, the State Department of Health Services, and the State Department of Social Services shall jointly enter into a collaborative agreement with the California State University, the University of California, and California medical schools, to establish a standardized health assessment of the children within public schools, and develop a data base on the health of children who are representative of the state’s population. The California State University is responsible for coordinating this effort. (b) The agreement shall address all of the following: (1) Conducting the health assessment which may include the following: (A) Anthropometric measures. (B) Testing for physical fitness. (C) Testing for chronic disease indicators by using the following methods: (i) A survey of family health and medical history. (ii) Blood pressure measurement. (iii) A blood panel by participating pupils, on a voluntary basis, and with the written consent of the pupil’s parent or guardian. (D) Assessment of the nutritional status of participating pupils. (E) Conducting a voluntary and anonymous survey relating to alcohol, drug, and tobacco use, and related diseases. (2) Establishing a coordinating center at the California State University, in collaboration with the University of California and California medical schools, with pupil assessment sites at public schools. (3) Summarizing the assessment findings that shall be made available to the public. (4) Providing the assessment results to the State Department of Health Services, other state agencies, and to medical and education groups. (c) No child shall be required to participate in a standardized health assessment program if the parent or guardian of that child objects to that participation because the program conflicts with the religious beliefs of the parent or guardian. The objection shall be made in a written form and shall be included in a letter submitted to the coordinating center, acknowledging parental notice of the health assessment. (Amended by Stats. 1997, Ch. 430, Sec. 1. Effective January 1, 1998.)
  96. 49461.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] ( Article 4.5 added by Stats. 1992, Ch. 1246, Sec. 1. )

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    The coordinating center at the California State University must select a school sample for the health assessment, and the sample must be representative of the state’s population by demographics and ethnicity.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] ( Article 4.5 added by Stats. 1992, Ch. 1246, Sec. 1. ) ## 49461. The coordinating center at the California State University shall select a sample of schools that is demographically and ethnically representative of the state’s population to participate in the health assessment. (Amended by Stats. 1997, Ch. 430, Sec. 2. Effective January 1, 1998.)
  97. 49462.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] ( Article 4.5 added by Stats. 1992, Ch. 1246, Sec. 1. )

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    The health assessment must be conducted over a four-year period and completed by December 31, 2002.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] ( Article 4.5 added by Stats. 1992, Ch. 1246, Sec. 1. ) ## 49462. The health assessment shall be conducted over a four-year period and shall be completed on or before December 31, 2002. (Amended by Stats. 1997, Ch. 430, Sec. 3. Effective January 1, 1998.)
  98. 49463.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] ( Article 4.5 added by Stats. 1992, Ch. 1246, Sec. 1. )

    Verify source ↗

    The California State University must notify a parent or guardian when an assessment finds a pupil has health problems, and must recommend further consultation with a physician.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] ( Article 4.5 added by Stats. 1992, Ch. 1246, Sec. 1. ) ## 49463. The California State University shall notify the parent or guardian of each pupil for whom the assessment has detected health problems and shall recommend further consultation with a physician. If there is no physician available, the coordinating center shall direct the parent or guardian to an appropriate medical referral. Under no circumstances shall a school, the California State University, or the University of California be held liable for the parent or guardian’s action, or failure to take action on seeking medical care for the identified health problem. This section is not applicable to alcohol, drug, and tobacco use. (Amended by Stats. 1997, Ch. 430, Sec. 4. Effective January 1, 1998.)
  99. 49464.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] ( Article 4.5 added by Stats. 1992, Ch. 1246, Sec. 1. )

    Verify source ↗

    The State Department of Health Services and the State Department of Social Services are to be provided scientifically valid health assessment results.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] ( Article 4.5 added by Stats. 1992, Ch. 1246, Sec. 1. ) ## 49464. The State Department of Health Services and the State Department of Social Services shall be provided with scientifically valid results of the health assessment that may be used to base revisions of school curriculum, state health programs, and teacher and personnel training related to child health and development. (Added by Stats. 1992, Ch. 1246, Sec. 1. Effective January 1, 1993.)
  100. 49465.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] ( Article 4.5 added by Stats. 1992, Ch. 1246, Sec. 1. )

    Verify source ↗

    School-related agencies must wait to implement the article until enough public and private funds are available, and school districts are not required to participate unless all costs are reimbursed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] ( Article 4.5 added by Stats. 1992, Ch. 1246, Sec. 1. ) ## 49465. (a) The agencies enumerated in Section 49460 shall only be required to implement this article upon the availability of funds received from the private sector and state funds appropriated for the purposes of this article in a total amount sufficient to cover all costs relating to the implementation and continuing administration of this article. (b) The California State University shall notify all participating entities, including school districts, the State Department of Education, the State Department of Health Services, the State Department of Social Services, and the University of California when sufficient funds are available to meet the requirements specified in subdivision (a). (c) All funds received from the private sector under this article shall be deposited in the State Treasury and are continuously appropriated to the California State University, which shall allocate those funds to participating agencies to reimburse those agencies for costs incurred in carrying out this article. The amounts allocated to the State Department of Education shall include amounts sufficient to reimburse participating school districts for any costs incurred pursuant to this article. (d) No school district shall be required to participate in the assessments unless it is reimbursed from those funds for all costs incurred pursuant to this article. (e) It is the intent of the Legislature that each fiscal year funds be appropriated to the California State University for the purposes of this article in an amount equal to the private sector funds received for those purposes for the relevant fiscal year, up to a maximum of one hundred twenty thousand dollars ($120,000) in state funds in any fiscal year. Under no circumstances shall state funds appropriated for the purposes of this article be apportioned in any fiscal year until the private funds necessary to fully fund the assessment required by this article have been received. (f) Reimbursements pursuant to this section shall be limited to the amounts and purposes specified in the collaborative agreement described in Section 49460. (Amended by Stats. 1997, Ch. 430, Sec. 5. Effective January 1, 1998.)
  101. 49466.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] ( Article 4.5 added by Stats. 1992, Ch. 1246, Sec. 1. )

    Verify source ↗

    This chapter does not apply to the University of California unless the Regents make it applicable by resolution.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] ( Article 4.5 added by Stats. 1992, Ch. 1246, Sec. 1. ) ## 49466. No provision of this chapter shall apply to the University of California unless the Regents of the University of California, by resolution, make that provision applicable. (Added by Stats. 1994, Ch. 195, Sec. 5. Effective July 12, 1994.)
  102. 49468.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] ( Article 4.6 added by Stats. 2022, Ch. 906, Sec. 1. )

    Verify source ↗

    This section names the article the Seizure Safe Schools Act and says it may be cited by that name.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] ( Article 4.6 added by Stats. 2022, Ch. 906, Sec. 1. ) ## 49468. This article shall be known, and may be cited, as the Seizure Safe Schools Act. (Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.)
  103. 49468.1.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] ( Article 4.6 added by Stats. 2022, Ch. 906, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the Seizure Safe Schools Act article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] ( Article 4.6 added by Stats. 2022, Ch. 906, Sec. 1. ) ## 49468.1. For purposes of this article, the following definitions apply: (a) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracted with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. (b) “Local educational agency” means a school district, county office of education, or charter school. (c) “School” means a public school maintained by a school district or county office of education, or a charter school. (d) “Seizure action plan” means a written, individualized health plan designed to acknowledge and prepare for the health care needs of a pupil diagnosed with seizures, a seizure disorder, or epilepsy. (e) “Volunteer” means an employee who (1) has volunteered to administer emergency anti-seizure medication to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure, (2) has been designated by a school or local educational agency, and (3) has received training pursuant to subdivision (c) of Section 49468.2. (Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.)
  104. 49468.2.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] ( Article 4.6 added by Stats. 2022, Ch. 906, Sec. 1. )

    Verify source ↗

    Schools and local educational agencies must support seizure-response training, notices, and parent notifications when a pupil with seizures has emergency anti-seizure medication prescribed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] ( Article 4.6 added by Stats. 2022, Ch. 906, Sec. 1. ) ## 49468.2. (a) (1) If a pupil diagnosed with seizures, a seizure disorder, or epilepsy has been prescribed an emergency anti-seizure medication by the pupil’s health care provider, the pupil’s local educational agency, upon receipt of a request from the pupil’s parent or guardian, may designate one or more volunteers at the pupil’s school to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (c), regarding the emergency use of anti-seizure medication from the school nurse or other qualified person designated by an authorizing physician and surgeon. There shall be no retaliation against any individual who chooses not to volunteer or who rescinds the individual’s offer to volunteer, including after receiving training. (2) An employee who volunteers pursuant to this article may rescind their offer to administer emergency anti-seizure medication at any time, including after receipt of training. (b) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer who is designated pursuant to paragraph (1) of subdivision (a) and who has received training as described in that paragraph, may administer emergency anti-seizure medication in accordance with this article to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure. (c) (1) The Superintendent shall, on or before July 1, 2023, establish minimum standards of training to recognize and respond to seizures, including training for the administration of emergency anti-seizure medication that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review the minimum standards of training for the administration of emergency anti-seizure medication that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in epilepsy and administering emergency anti-seizure medication and administering medication in a school environment, including, but not limited to, the Epilepsy Foundation, Epilepsy Foundations in California, the California School Nurses Organization, the California Medical Association, and the American Academy of Pediatrics. (2) Training established pursuant to this subdivision shall include all of the following: (A) Recognition of the signs and symptoms of seizures and the appropriate steps to be taken to respond to those symptoms. (B) Administration, or assisting with the self-administration of, an emergency anti-seizure medication, or a medication or therapy prescribed to treat the symptoms of seizures, seizure disorders, or epilepsy, including manual vagus nerve stimulation, approved by the United States Food and Drug Administration, or any successor agency. (C) Basic emergency followup procedures. (D) Written materials covering the information required under this subdivision. (3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department. (4) A school shall retain for reference the written materials prepared under subparagraph (D) of paragraph (2). (5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer emergency anti-seizure medication. (6) Training established pursuant to this subdivision shall be provided to the volunteer at no cost to the volunteer and during the volunteer’s regular working hours. (d) (1) Except as provided in paragraph (2), any local educational agency or school, upon receipt of a parent or guardian’s request pursuant to subdivision (a), shall distribute a notice at least once but no more than two times per school year to all staff that includes all of the following information: (A) A description of the volunteer request stating that the request is for volunteers to be trained to recognize and respond to seizures, including training to administer emergency anti-seizure medication to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure. (B) A description of the training that the volunteer will receive pursuant to subdivision (c). (C) The right of an employee to rescind their offer to volunteer pursuant to this article. (D) A statement that there will be no retaliation against any individual for rescinding the individual’s offer to volunteer, including after receiving training. (2) Notwithstanding paragraph (1), if a volunteer rescinds the volunteer’s offer to volunteer or is no longer able to act as a volunteer for any reason, or if the placement of a pupil changes and the pupil no longer has access to a trained volunteer, an additional two notices per school year may be distributed to all staff. (e) Pursuant to Section 504 of the federal Rehabilitation Act of 1973, as amended, (29 U.S.C. Sec. 794), and the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), upon receipt of the parent’s or guardian’s request pursuant to subdivision (a), the local educational agency shall notify the parent or guardian that the parent or guardian’s child may qualify for services or accommodations pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program and shall assist the parent or guardian with the exploration of that option. (f) The local educational agency may ask the parent or guardian to sign a notice verifying that the parent or guardian was given information about Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and that the parent or guardian understands that it is the parent or guardian’s right to request a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program at any time. (g) If there are no volunteers at the pupil’s school pursuant to subdivision (a) the local educational agency shall notify the pupil’s parent or guardian of the pupil’s right to be assessed for services and accommodations guaranteed under Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (h) This section shall not be construed to preclude the negotiation by collective bargaining of additional compensation for volunteers. (Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.)
  105. 49468.3.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] ( Article 4.6 added by Stats. 2022, Ch. 906, Sec. 1. )

    Verify source ↗

    A local educational agency must get a seizure action plan before giving emergency anti-seizure medication or therapy to a student with seizures, a seizure disorder, or epilepsy.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] ( Article 4.6 added by Stats. 2022, Ch. 906, Sec. 1. ) ## 49468.3. (a) Before administering emergency anti-seizure medication or therapy prescribed to treat seizures in a pupil diagnosed with seizures, a seizure disorder, or epilepsy, a local educational agency shall obtain from the pupil’s parent or guardian a seizure action plan that includes all of the following: (1) (A) Authorization, in writing, for the medication to be administered to the pupil at school. (B) Authorization pursuant to subparagraph (A) shall be effective for the school year in which it is granted, and shall be renewed each school year, unless needed sooner. (2) A copy of a statement, in writing, from the pupil’s health care provider that includes all of the following information: (A) The pupil’s name. (B) The name and purpose of the medication. (C) The prescribed dosage. (D) The method of administration. (E) The frequency with which the medication may be administered. (F) Detailed seizure symptoms, including frequency, type, or length of seizures that identify when the administration of an emergency anti-seizure medication becomes necessary. (G) The circumstances under which the medication may be administered. (H) Any potential adverse responses by the pupil and recommended mitigation actions, including when to call emergency services, including the emergency 911 telephone number. (I) A protocol for observing the pupil after a seizure, including, but not limited to, whether the pupil should rest in the school office, whether the pupil may return to class, and the length of time the pupil should be under direct observation. (3) How and where the emergency anti-seizure medication will be stored at the school. (4) A signed notice verifying that the parent or guardian was given information about Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), pursuant to subdivision (e) of Section 49468.2, and that the parent or guardian understands that it is the parent or guardian’s right to request a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program at any time. (5) A signed notice verifying that a pupil’s seizure may be responded to, including with the administration of emergency anti-seizure medication prescribed to the pupil, by a nonmedical professional who has received training pursuant to subdivision (c) of Section 49468.2. (b) The school administrator or the school administrator’s designee shall notify the school nurse assigned to the school or local educational agency if an employee at the schoolsite administers an emergency anti-seizure medication pursuant to this article. If a school nurse is not assigned to the local educational agency, the school administrator or the school administrator’s designee shall notify the superintendent of the school district or the superintendent of the school district’s designee, the county superintendent of schools or the county superintendent of schools’ designee, or the charter school administrator or the charter school administrator’s designee, as appropriate, if an employee at the school administers an emergency anti-seizure medication pursuant to this article. (c) (1) The school nurse assigned to the school or a nurse from the local educational agency shall collaborate with the parent or guardian of each pupil diagnosed with seizures, a seizure disorder, or epilepsy to create a seizure action plan pursuant to subdivision (a), if the pupil does not have an individualized education plan pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). (2) If the school obtains written consent from a pupil’s parent or guardian, in accordance with Section 99.30 of Title 34 of the Code of Federal Regulations, the seizure action plan shall be distributed to any school personnel or volunteers responsible for the supervision or care of that pupil. (d) The notification required pursuant to subdivision (b) and the seizure action plan created pursuant to subdivision (a) shall be kept on file in the office of the school nurse or a school administrator, in compliance with all applicable state and federal privacy laws. (Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.)
  106. 49468.4.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] ( Article 4.6 added by Stats. 2022, Ch. 906, Sec. 1. )

    Verify source ↗

    Emergency anti-seizure medication, or medication prescribed to treat a pupil’s seizures, a seizure disorder, or epilepsy symptoms, must be provided to the school with the pharmacy label still attached.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] ( Article 4.6 added by Stats. 2022, Ch. 906, Sec. 1. ) ## 49468.4. Emergency anti-seizure medication or medication prescribed to a pupil to treat the pupil’s seizures, a seizure disorder, or epilepsy symptoms shall be provided to the school with the label affixed by the dispensing pharmacy intact. (Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.)
  107. 49468.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] ( Article 4.6 added by Stats. 2022, Ch. 906, Sec. 1. )

    Verify source ↗

    A local educational agency that designates volunteers must provide and document defense and indemnification for those volunteers. A trained person who, in good faith and without compensation, gives emergency anti-seizure medication to a qualifying pupil is generally protected from professional review, civil liability, and criminal prosecution, but the protection does not cover gross negligence, willful misconduct, certain crimes, or some licensing discipline.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] ( Article 4.6 added by Stats. 2022, Ch. 906, Sec. 1. ) ## 49468.5. (a) Any local educational agency that designates volunteers pursuant to subdivision (a) of Section 49468.2 shall ensure that each employee who volunteers under this article will be provided defense and indemnification by the local educational agency for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file. (b) (1) Notwithstanding any other law, except as provided in paragraph (2), a person trained as required under subdivision (c) of Section 49468.2 who administers emergency anti-seizure medication or medication prescribed for seizure disorder symptoms in compliance with this article, in good faith and not for compensation, to a pupil diagnosed with seizures, a seizure disorder, or epilepsy who appears to be experiencing a seizure shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the person’s acts or omissions in administering the emergency anti-seizure medication. (2) The protection specified in paragraph (1) shall not affect any of the following: (A) A person’s liability for an act or omission that constitutes gross negligence or willful or wanton misconduct. (B) A person’s culpability for an act that constitutes a crime and is not specifically authorized by this article. (C) The ability of a licensing board to take disciplinary action against a licensed health care professional for an act not specifically authorized by this article. (3) Any public employee who volunteers to administer emergency anti-seizure medication pursuant to subdivision (b) of Section 49468.2 is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee. (Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.)
  108. 49470.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may offer medical or hospital coverage, or accident insurance, for pupils injured in district-controlled athletic activities, and may pay the cost from district funds or allow the pupil, parent, or guardian to 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49470. The governing board of any school district or districts may provide, or make available, medical or hospital service, or both, through nonprofit membership corporations defraying the cost of medical service or hospital service, or both, or through group, blanket or individual policies of accident insurance from authorized insurer, for pupils of the district or districts injured while participating in athletic activities under the jurisdiction of, or sponsored or controlled by, the district or districts or the authorities of any school of the district or districts. The cost of the insurance or membership may be paid, from the funds of the district or districts, or by the insured pupil, his parent or guardian. The insurance may be purchased from, or the membership may be taken in, only such companies or corporations as are authorized to do business in this state. (Enacted by Stats. 1976, Ch. 1010.)
  109. 49471.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school district board does not provide medical and hospital services for injured pupils in athletic activities, it must notify parents or guardians 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49471. If the governing board of any school district maintaining junior high schools or high schools does not provide or make available medical and hospital services for pupils of the district injured while participating in athletic activities, in accordance with Section 49470, the board shall notify, in writing, the parent or guardian of each pupil of the district participating in such athletic activities that the services are not provided or made available by the governing board. (Enacted by Stats. 1976, Ch. 1010.)
  110. 49471.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The section asks the University of California to study pupil injuries in high school athletics if funding is available, and it limits annual General Fund costs to $75,000.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49471.5. (a) If funding is made available for this purpose, the Legislature requests the University of California to design a study and conduct a representative sampling of pupil injuries from participation in high school athletic events over a period of three school years commencing with the 2000–01 school year. It is further the intent of the Legislature that the University of California consult with the State Board of Education and the State Department of Education regarding the design of the study and regarding the university’s procedure for ensuring the success of the project. The data shall be compiled and analyzed so as to permit valid conclusions to be drawn and recommendations to be made regarding, at a minimum, all of the following: (1) The actual statewide frequency of injuries and reinjuries. (2) Methods for creating intervention programs to decrease the incidence of injuries. (3) The number and extent of training of primary health personnel responsible for the care of athletes at the high schools. (4) Possible methods for decreasing health care costs due to improper evaluation and care of athletic injuries. (5) Identifying risk factors for high school athletes including factors relating to the severity of injuries, the immediate evaluation, care, and treatment of injuries, and the time loss associated with injuries. (6) Recommended programs, policies, and procedures designed to provide long-term solutions for preventing injuries to high school athletes. (7) Developing an athletic safety plan, including, but not limited to, written safety standards of care for high school athletes. (b) The completed project, including an executive summary, key findings, conclusions, and recommendations, shall be disseminated to all public high schools in the state, and shall be submitted to the Legislature and the State Board of Education by December 1, 2003. (c) The annual General Fund costs of the program shall not exceed seventy-five thousand dollars ($75,000). (d) This section shall apply to the University of California only if its participation is approved by resolution of the Regents of the University of California. (Added by Stats. 1998, Ch. 940, Sec. 1. Effective January 1, 1999.)
  111. 49472.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A qualifying school district board may offer medical, hospital, accident, or liability coverage for pupil injuries, and pupils cannot be forced to accept it without 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49472. The governing board of any school district or districts which does not employ at least five physicians as full-time supervisors of health, or the equivalent thereof, may provide, or make available, medical or hospital service, or both, through nonprofit membership corporations defraying the cost of medical service or hospital service, or both, or through group, blanket or individual policies of accident insurance or through policies of liability insurance from authorized insurers, for injuries to pupils of the district or districts arising out of accidents occurring while in or on buildings and other premises of the district or districts during the time such pupils are required to be therein or thereon by reason of their attendance upon a regular day school of such district or districts or while being transported by the district or districts to and from school or other place of instruction, or while at any other place as an incident to school-sponsored activities and while being transported to, from and between such places. No pupils shall be compelled to accept such service without his consent, or if a minor without the consent of his parent or guardian. The cost of the insurance or membership may be paid, from the funds of the district or districts, or by the insured pupil, his parent or guardian. Such insurance may be purchased from, or such membership may be taken in, only such companies or corporations as are authorized to do business in California. (Enacted by Stats. 1976, Ch. 1010.)
  112. 49473.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The school district governing board may allow district personnel to distribute printed matter furnished by an insurer or membership corporation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49473. To facilitate the authority referred to in Sections 49470 and 49472 the governing board of the school district or school districts may authorize the distribution by district personnel of such printed matter as may be furnished by the insurer or membership corporation. (Enacted by Stats. 1976, Ch. 1010.)
  113. 49474.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may provide or make available ambulance service, paid for from school district funds, for people attending covered athletic activities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49474. The governing board of any school district or districts may provide, or make available, ambulance service, paid for out of school district funds, for pupils, instructors, spectators, and other individuals in attendance at athletic activities under the jurisdiction of, or sponsored or controlled by, the district or districts or the authorities of any school of the district or districts. (Enacted by Stats. 1976, Ch. 1010.)
  114. 49475.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Schools that offer athletic programs must follow concussion safety rules, including immediate removal, medical evaluation, written clearance, and yearly signed information sheets.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49475. (a) If a school district, charter school, or private school elects to offer an athletic program, the school district, charter school, or private school shall comply with both of the following: (1) An athlete who is suspected of sustaining a concussion or head injury in an athletic activity shall be immediately removed from the athletic activity for the remainder of the day, and shall not be permitted to return to the athletic activity until he or she is evaluated by a licensed health care provider. The athlete shall not be permitted to return to the athletic activity until he or she receives written clearance to return to the athletic activity from a licensed health care provider. If the licensed health care provider determines that the athlete sustained a concussion or a head injury, the athlete shall also complete a graduated return-to-play protocol of no less than seven days in duration under the supervision of a licensed health care provider. The California Interscholastic Federation is urged to work in consultation with the American Academy of Pediatrics and the American Medical Society for Sports Medicine to develop and adopt rules and protocols to implement this paragraph. (2) On a yearly basis, a concussion and head injury information sheet shall be signed and returned by the athlete and the athlete’s parent or guardian before the athlete initiates practice or competition. (b) As used in this section, “licensed health care provider” means a licensed health care provider who is trained in the management of concussions and is acting within the scope of his or her practice. (c) This section does not apply to an athlete engaging in an athletic activity during the regular schoolday or as part of a physical education course required pursuant to subdivision (d) of Section 51220. (Amended by Stats. 2014, Ch. 165, Sec. 3. (AB 2127) Effective January 1, 2015.)
  115. 49476.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Schools that offer athletics must give each athlete the CDC Opioid Factsheet for Patients every year, and the athlete (and a parent or guardian if the athlete is 17 or younger) must sign and return an acknowledgment before practice or competition 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. District Medical Services and Insurance [49470 - 49476] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 49476. (a) If a school district, charter school, or private school elects to offer an athletic program, the school district, charter school, or private school shall annually give the Opioid Factsheet for Patients published by the Centers for Disease Control and Prevention to each athlete. The athlete and, if the athlete is 17 years of age or younger, the athlete’s parent or guardian shall sign a document acknowledging receipt of the Opioid Factsheet for Patients and return that document to the school district, charter school, or private school before the athlete initiates practice or competition. The Opioid Factsheet for Patients may be sent and returned through an electronic medium, including, but not limited to, fax or email. (b) This section does not apply to an athlete engaging in an athletic activity during the regular schoolday or as part of a physical education course required pursuant to subdivision (d) of Section 51220. (Added by Stats. 2018, Ch. 693, Sec. 12. (SB 1109) Effective January 1, 2019.)
  116. 49480.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Notice to School of Nonepisodic Condition [49480- 49480.] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Parents or legal guardians must tell the school nurse or another designated certificated school employee about a pupil’s medication, dosage, and supervising physician. A school nurse may contact the physician and counsel school personnel if the parent or guardian consents. School district superintendents must inform parents of these 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Notice to School of Nonepisodic Condition [49480- 49480.] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 49480. The parent or legal guardian of any public school pupil on a continuing medication regimen for a nonepisodic condition, shall inform the school nurse or other designated certificated school employee of the medication being taken, the current dosage, and the name of the supervising physician. With the consent of the parent or legal guardian of the pupil, the school nurse may communicate with the physician and may counsel with the school personnel regarding the possible effects of the drug on the child’s physical, intellectual, and social behavior, as well as possible behavioral signs and symptoms of adverse side effects, omission, or overdose. The superintendent of each school district shall be responsible for informing parents of all pupils of the requirements of this section. (Enacted by Stats. 1976, Ch. 1010.)
  117. 49490.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Legislature states that child hunger and malnutrition are serious problems and that meeting children’s nutrition needs is a public responsibility.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 49490. The Legislature finds and declares that hunger and malnutrition among children from low-income families constitute one of the most critical child health problems in the state; that federal programs to meet child nutrition needs are providing nourishing meals to thousands of the state’s poverty area children who previously could not participate in school lunch programs; that federal funds allocated for child nutrition to California are inadequate to meet critical needs; that the state and local communities bear a responsibility towards meeting these needs; and that the physical well-being of all of the children of the state is a matter of public concern and expenditures to secure such well-being serves a public purpose. (Enacted by Stats. 1976, Ch. 1010.)
  118. 49491.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts and nonprofit schools receiving funds under this article or the National School Lunch Program may not use those funds to cut spending on existing free or reduced-price meal programs, unless free or reduced-price lunches are provided for each eligible needy child.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 49491. No amount received by a school district or other public or private nonprofit school pursuant to this article or the National School Lunch Program shall be used to reduce the level of district or school expenditures for any existing program of free or reduced-price meals, unless free or reduced-price lunches are provided for each eligible needy child. (Enacted by Stats. 1976, Ch. 1010.)
  119. 49492.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Schools or agencies receiving reimbursement under this article must follow standards adopted by 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 49492. A school district or other public or private nonprofit school or agency receiving reimbursement pursuant to this article shall meet standards adopted by the Superintendent for all of the following: (a) The definition of a “nutritionally adequate breakfast.” (b) The definition of a “nutritionally adequate lunch.” (c) Standards for determining the eligibility of children to receive free or reduced-price meals. (d) Standards for the protection of the identity of children for whom reimbursement is made pursuant to this article. (Amended by Stats. 2023, Ch. 600, Sec. 3. (SB 348) Effective January 1, 2024.)
  120. 49493.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Funds under this article must not be allocated or reimbursed to a public or private nonprofit school or agency for a child who lives on that school or agency’s 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 49493. No allocation or reimbursement of funds shall be made pursuant to this article to any public or private nonprofit school or agency in behalf of any child who resides on the premises of such school or agency. (Enacted by Stats. 1976, Ch. 1010.)
  121. 49494.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The department must make allocations for certain wards or dependents of the court who live in specified juvenile or shelter facilities, and it must credit county probation departments or welfare agencies starting July 1, 1999.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 49494. Notwithstanding Section 49493, an allocation shall be made pursuant to this article for a ward or dependent of the court who resides in a probation camp, ranch, juvenile hall, or county operated children’s emergency shelter. The department shall make an allocation for these purposes to a county probation department and welfare agency from funds appropriated to the department for the 1999–2000 fiscal year by crediting the county probation department or welfare agency commencing on July 1, 1999. (Added by Stats. 2000, Ch. 20, Sec. 1. Effective May 8, 2000.)
  122. 49495.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Breakfast and Morning Snacks for Nonschoolaged Children [49495 - 49496] ( Article 7.5 added by Stats. 2022, Ch. 905, Sec. 3. )

    Verify source ↗

    The department must develop and post guidance on serving eligible nonschoolaged children breakfast or a morning snack at certain schoolsites, and a guardian must be present for the child to receive 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Breakfast and Morning Snacks for Nonschoolaged Children [49495 - 49496] ( Article 7.5 added by Stats. 2022, Ch. 905, Sec. 3. ) ## 49495. (a) The department shall, in consultation with the State Department of Social Services, develop guidance for local educational agencies participating in the federal School Breakfast Program that maintain kindergarten or any of grades 1 to 6, inclusive, on how to serve eligible nonschoolaged children breakfast or a morning snack at a local educational agency schoolsite. (b) The guidance shall highlight opportunities to maximize federal reimbursement through the federal School Breakfast Program and the federal Child and Adult Care Food Program. (c) A guardian of an eligible nonschoolaged child shall be present at the local educational agency schoolsite in order for the nonschoolaged child to receive breakfast or a morning snack at the schoolsite pursuant to this section. (d) The department shall, in consultation with the State Department of Social Services, develop the guidance in a manner that does not jeopardize federal funding for school meal programs and that maximizes federal meal reimbursement. (e) The department shall post the guidance on its internet website by July 1, 2023. The department is not required to mail the guidance to local educational agencies. (f) This section does not require a local educational agency to take any action. (Added by Stats. 2022, Ch. 905, Sec. 3. (AB 558) Effective January 1, 2023.)
  123. 49496.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Breakfast and Morning Snacks for Nonschoolaged Children [49495 - 49496] ( Article 7.5 added by Stats. 2022, Ch. 905, Sec. 3. )

    Verify source ↗

    This section defines key terms for the breakfast and morning snacks article, including “eligible nonschoolaged child,” “guardian,” and “local educational agency.”

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Breakfast and Morning Snacks for Nonschoolaged Children [49495 - 49496] ( Article 7.5 added by Stats. 2022, Ch. 905, Sec. 3. ) ## 49496. For purposes of this article, the following definitions apply: (a) “Eligible nonschoolaged child” means a child who is not enrolled in school and who is a sibling, half sibling, or stepsibling of, or a foster child residing with, a pupil who meets the federal eligibility criteria for a free or reduced-price breakfast at a local educational agency participating in the federal School Breakfast Program that maintains kindergarten or any of grades 1 to 6, inclusive. (b) “Guardian” means a parent, stepparent, grandparent, or other adult family member or caretaker who is caring for an eligible nonschoolaged child. (c) “Local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2022, Ch. 905, Sec. 3. (AB 558) Effective January 1, 2023.)
  124. 49501.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Meals [49501.5 - 49506.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Schools covered by this section must provide free nutritionally adequate breakfast and lunch to requesting pupils, and several related reimbursement, certification, and compliance rules apply.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Meals [49501.5 - 49506.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 49501.5. (a) Notwithstanding any other provision of this chapter, commencing with the 2022–23 school year all of the following shall apply: (1) (A) (i) A school district, county superintendent of schools, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive, shall make available a nutritionally adequate breakfast and a nutritionally adequate lunch free of charge and with adequate time to eat, as determined by that school district, county superintendent of schools, or charter school in consideration of the recommendations provided by the department pursuant to subdivision (e), during each schoolday to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, except as described in clauses (i) and (ii) of subparagraph (B), with a maximum of one free breakfast meal and one free lunch meal, except for family daycare homes that shall be reimbursed for 75 percent of the meals served. The meals made available under this paragraph shall be nutritionally adequate meals that qualify for federal reimbursement. Participating school districts, county superintendents of schools, and charter schools shall comply with federal regulations for the National School Lunch Program and School Breakfast Program, which includes established mealtimes and shall comply with state requirements for meals served. (ii) Meals served that do not meet federal requirements shall not be eligible for federal or state meal reimbursement. (iii) Meals served that do not meet state requirements shall not be eligible for state meal reimbursement. (B) (i) The department shall submit a waiver request to the United States Department of Agriculture to allow for one meal provided during a schoolday lasting four hours or less to be served in a noncongregate manner. (ii) If the department receives approval for the federal noncongregate waiver required by clause (i), school districts, county superintendents of schools, and charter schools may make available either a nutritionally adequate breakfast or a nutritionally adequate lunch in a noncongregate manner for meal service combinations resulting in either (I) a congregate nutritionally adequate breakfast and a noncongregate nutritionally adequate lunch or (II) a noncongregate nutritionally adequate breakfast and a congregate nutritionally adequate lunch. These meals shall be reimbursed under the provisions of paragraph (2) if both state and federal requirements are met. (2) (A) The department shall provide state meal reimbursement to school districts, county offices of education, and charter schools that participate in, and comply with the requirements of, the federal School Breakfast Program and National School Lunch Program, and any applicable state laws and regulations. State meal reimbursement shall be provided for reduced-price and paid meals served to pupils, as described in subdivision (b). (B) As a condition of receiving funding pursuant to this paragraph, school districts, county offices of education, and charter schools shall conduct direct certification matching through the California Longitudinal Pupil Achievement Data System on a monthly basis. (b) The amount of per-meal reimbursements provided under this section shall not exceed the difference between the sum of the amounts calculated from meals claimed based on the free combined breakfast and lunch reimbursement rates established by the United States Department of Agriculture and state meal contribution established in Section 49559, and the combined federal and state amounts reimbursed for reduced-price and paid meals claimed. (c) The reimbursement required pursuant to this section shall be provided upon appropriation by the Legislature. This section shall not be operative until the Legislature has appropriated funds for purposes of this section. (d) (1) The department may adopt, and as necessary revise, guidelines in accordance with this section at a publicly noticed meeting if the department complies with all of the following: (A) Provides an opportunity for public comment at the meeting. (B) Provides written public notice of a meeting at least 30 days before the meeting at which the guideline to be adopted will be considered or approved. (C) For a substantive revision of the guidelines, the department provides written notice of a meeting at least 15 days before the meeting at which the revision will be considered or approved. (2) The adoption or revision of guidelines pursuant to this subdivision is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code until July 1, 2023. (e) The department shall review available evidence-based research, studies, and survey findings with school food authorities and school food workers, or their representatives, to make a recommendation for the amount of time that is adequate for a pupil to eat a school meal, including, but not limited to, the steps necessary to ensure that a pupil has adequate time to eat school meals that are served pursuant to this section and examining the role that breakfast in the classroom and other innovative breakfast models can play in supporting adequate time to eat. These recommendations shall be made public on the department’s internet website on or before June 30, 2025. (f) Notwithstanding subdivision (a), a school district, county office of education, or charter school that offers independent study, pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28, shall meet the requirements of this section for any pupil on any schoolday that the pupil is scheduled for educational activities, as defined in Section 49010, lasting two or more hours, at a schoolsite, resource center, meeting space, or other satellite facility. Pupils who are present during established meal times shall have a nutritionally adequate breakfast and nutritionally adequate lunch made available. (g) The chartering authority shall, upon request by a charter school and to the extent feasible within existing resources, provide technical assistance to the charter school in implementing this section. (h) A charter school may enter into a partnership with an existing school food authority for the purposes of implementing this section. (i) The chartering authority shall, upon request by a new charter school, contract with a charter school to make available a nutritionally adequate school breakfast and a nutritionally adequate school lunch until the charter school is an approved school food authority or until July 1 of the school year after the charter school becomes operational, whichever occurs first. The contract shall not exceed the actual costs to provide meals to the charter school, including, but not limited to, additional staffing costs and delivery of meals to the schoolsite, that are not covered by federal or state meal reimbursement. (j) To comply with subdivision (a), a school district, county office of education, or charter school may use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or may do so at the expense of the school district, county office of education, or charter school. (k) For purposes of this section, the following definitions apply: (1) (A) “Nutritionally adequate breakfast” is one that qualifies for reimbursement under the most current meal pattern for the federal School Breakfast Program, as defined in Section 220.8 of Title 7 of the Code of Federal Regulations. (B) Beginning December 31, 2027, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, a “nutritionally adequate breakfast” does not contain any of the following substances: (i) Blue 1 (CAS 3844-45-9). (ii) Blue 2 (CAS 860-22-0). (iii) Green 3 (CAS 2353-45-9). (iv) Red 40 (CAS 25956-17-6). (v) Yellow 5 (CAS 1934-21-0). (vi) Yellow 6 (CAS 2783-94-0). (C) Beginning July 1, 2035, a “nutritionally adequate breakfast” does not include either of the following: (i) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (ii) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (2) (A) “Nutritionally adequate lunch” is one that qualifies for reimbursement under the most current meal pattern for the federal National School Lunch Program, as defined in Section 210.10 of Title 7 of the Code of Federal Regulations. (B) Beginning December 31, 2027, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, a “nutritionally adequate lunch” does not contain any of the following substances: (i) Blue 1 (CAS 3844-45-9). (ii) Blue 2 (CAS 860-22-0). (iii) Green 3 (CAS 2353-45-9). (iv) Red 40 (CAS 25956-17-6). (v) Yellow 5 (CAS 1934-21-0). (vi) Yellow 6 (CAS 2783-94-0). (C) Beginning July 1, 2035, a “nutritionally adequate lunch” does not include either of the following: (i) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (ii) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (3) “Schoolday” means any day that pupils in kindergarten or any of grades 1 to 12, inclusive, are present at a schoolsite or school facility for purposes of instruction or educational activities, as defined in Section 49010, including, but not limited to, pupil attendance at minimum days, state-funded preschool, transitional kindergarten, summer school including incoming kindergarten pupils, extended school year days, school-sponsored field trips, independent study when a pupil is onsite during the schoolday, and Saturday school sessions. (Amended by Stats. 2025, Ch. 467, Sec. 6. (AB 1264) Effective January 1, 2026. Section conditionally operative as prescribed by its own provisions.)
  125. 49503.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Meals [49501.5 - 49506.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district funds may be used to buy school meals for pupils, subject to Sections 49500 and 49501.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Meals [49501.5 - 49506.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 49503. School district funds may also be used for the purchase of school meals for pupils, as provided in Sections 49500 and 49501.5. (Amended by Stats. 2023, Ch. 600, Sec. 7. (SB 348) Effective January 1, 2024.)
  126. 49504.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Meals [49501.5 - 49506.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain state and local public entities may give indigent-relief funds to school districts to buy meals for needy 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Meals [49501.5 - 49506.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 49504. Each official and department of the state having charge of the administering of funds for the relief of indigents may contribute and pay any of the funds subject to his disposal to any school district within the state, to be used by the district for the purchase of school meals for needy pupils. Every county, city and county, and city within the state may pay any of its funds available for the relief of indigents to any school district, within or partly within the county, city and county, and city for this purpose. (Enacted by Stats. 1976, Ch. 1010.)
  127. 49505.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Meals [49501.5 - 49506.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain school districts and county offices of education can receive disaster-related meal reimbursements, and some must follow Disaster Relief Act procedures.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Meals [49501.5 - 49506.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 49505. (a) Any school district or county office of education participating in the National School Lunch Program that provides a meal to a pupil rendered homeless by a state or federally declared disaster may receive reimbursement equal to the combined state and federal free rate, regardless of the pupil’s eligibility for free meals. It is the intent of the Legislature to ensure that pupils who are not eligible for free meals be considered for inclusion in the meal program when their families are temporarily unable to provide adequate meals for them due to the effects of a natural disaster. It is the intent of the Legislature that the reimbursement for these children be on a temporary basis. (b) Any school district or county office of education participating in the National School Lunch Program which is unable to meet the meal component requirement of the state meal program because of a state or federally declared disaster is exempted from serving all required meal components and may be reimbursed at the combined state and federal rates as if the meal component requirements had been met. (c) The State Department of Education may provide a school district or county office of education participating in the National School Lunch Program which has been temporarily closed as a result of a state or federally declared disaster a reimbursement equal to the average daily participation times the average combined state and federal reimbursement rate received by the entity in the month prior to the closure, times the number of days the entity is closed to pay for salaries and other fixed expenses of child nutrition programs. (d) The State Department of Education shall make reimbursements pursuant to subdivision (a), (b), or (c) to school districts and county offices of education participating in the National School Lunch Program from money appropriated from the General Fund for that purpose. Requests for those reimbursements shall be subject to the review and approval of the State Department of Education. Any funds provided for the purposes of this section shall be in lieu of state reimbursement for child nutrition programs. (e) All school districts and county offices of education participating in the National School Lunch Program that apply for exemptions and allowances pursuant to subdivision (c) shall demonstrate conformity with any applicable procedures required in the Disaster Relief Act of 1974, P.L. 93-288, as amended by P.L. 100-707. The State Department of Education shall ensure that applicants for relief under subdivision (c) have followed those procedures. (f) For purposes of this section, “state or federally declared disaster” means only a state or federally declared disaster that occurs on or after the effective date of this section. (g) Moneys in the Disaster Response-Emergency Operations Account in the Reserve for Economic Uncertainties may be allocated for the purposes of this section. (Added by Stats. 1990, Ch. 796, Sec. 2. Effective September 13, 1990.)
  128. 49506.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Meals [49501.5 - 49506.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The department must work with social services, share necessary data, and follow federal guidelines to maximize Summer EBT participation and help local educational agencies distribute summer meals.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Meals [49501.5 - 49506.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 49506. (a) (1) The department shall work with the State Department of Social Services to maximize participation in the federal Summer Electronic Benefit Transfer for Children (Summer EBT) program established pursuant to the federal Consolidated Appropriations Act, 2023. (2) The department shall share all data determined by the departments to be necessary to adhere to the requirements of paragraph (1) and Section 18901.57 of the Welfare and Institutions Code. (b) The department shall follow the federal guidelines and regulations established pursuant to Section 502 of Title IV of Division HH of the Consolidated Appropriations Act, 2023 to maximize flexibility for local educational agencies to distribute summer meals through noncongregate distributions. (Added by Stats. 2023, Ch. 600, Sec. 8. (SB 348) Effective January 1, 2024.)
  129. 49506.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Meals [49501.5 - 49506.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Schools participating in the National School Lunch Program or School Breakfast Program must determine a pupil’s Summer EBT eligibility using the specified application 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Meals [49501.5 - 49506.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 49506.5. A school that participates in the National School Lunch Program or School Breakfast Program shall determine a pupil’s Summer Electronic Benefits Transfer (EBT) eligibility as follows: (a) For a school that also participates in a special assistance alternative, including the Community Eligibility Provision or Provision 2, for every school year in which annual determinations of eligibility for free and reduced-price school meals is not already required, through a Universal Benefits Application that meets all Summer EBT application and verification requirements established pursuant to Part 292 of Title 7 of the Code of Federal Regulations. (b) For a school that does not participate in a special assistance alternative, annually through a School Meals Application that meets all verification requirements established pursuant to Section 245.6 of Title 7 of the Code of Federal Regulations. (Added by Stats. 2025, Ch. 8, Sec. 44. (AB 121) Effective June 27, 2025.)
  130. 49510.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This article is known as the Duffy-Moscone Family Nutrition Education and Services Act of 1970, and it may be cited by that name.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 49510. This article shall be known and may be cited as the Duffy-Moscone Family Nutrition Education and Services Act of 1970. (Enacted by Stats. 1976, Ch. 1010.)
  131. 49511.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This article states an intent to create an ongoing school food-supplementation program for pupils receiving public assistance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 49511. It is the intent of this article to establish an ongoing program to assure that the nutritional requirements of pupils in receipt of public assistance are enhanced by a pervasive program of food supplementation while they are attending school. It is the intent of the Legislature that the program established by this article shall in fiscal years subsequent to the year in which this article is enacted be funded according to customary budgetary procedures. (Enacted by Stats. 1976, Ch. 1010.)
  132. 49512.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Department of Education must create a statewide school meal program and arrange agreements to carry it out.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 49512. (a) The State Department of Education shall establish a statewide program to provide nutritious meals at school for pupils and shall enter into an agreement with the United States Department of Health and Human Services, the United States Department of Education, or the United States Department of Agriculture in order to implement the provisions of this article. (b) Funds shall be allocated to school districts in accordance with subdivision (b) of Section 49501.5. Determination with respect to the annual income of any household shall be made solely on the basis of an affidavit executed in such form as the United States Secretary of Agriculture may prescribe by an adult member of such household. The income poverty guidelines to be used for any fiscal year shall be those prescribed by the United States Secretary of Agriculture as of July 1 of each year. (Amended by Stats. 2023, Ch. 600, Sec. 9. (SB 348) Effective January 1, 2024.)
  133. 49513.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts with an operating school meals program must integrate the article’s program with that existing service. Where schools do not run a lunch program and cannot or will not provide required meals, contracts may be used to extend the program, and the Department of Education must handle and later end those contracts when the district or school is ready to run its own food 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 49513. To the extent that school districts have an operational program of school meals for pupils, the program authorized by this article shall be integrated with such existing service. In order to extend the program to those pupils attending schools which do not operate a school lunch program and are unable or unwilling to provide meals required by this article, contracts shall be entered into with nonprofit organizations, other public agencies or proprietary agencies. In making such contracts, special consideration shall be given to utilizing the Business Enterprises Program for the Blind established under Article 5 (commencing with Section 19625) of Chapter 6 of Part 2 of Division 10 of the Welfare and Institutions Code. Such contracts shall be negotiated, approved and supervised by the Department of Education and terminated as soon as feasible upon certification by the Department of Education that the local school district or school is able and willing to establish a food service program. (Amended by Stats. 1997, Ch. 825, Sec. 22. Effective October 9, 1997.)
  134. 49515.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School meal programs should, when feasible, include parents of needy pupils in meal planning, preparation, and serving, and should encourage volunteers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 49515. Programs established under this article shall, to the extent feasible and practicable, include provisions for the use of parents of needy pupils in the planning, preparation and serving of meals at school, in order to provide practical experience and training for such parents as part of the educational component of public social services. It is the intent of the Legislature that necessary formal training for such purposes shall, to the maximum extent feasible, be provided under the work incentive programs established under Division 2 (commencing with Section 5000) of the Unemployment Insurance Code. The use of volunteers in the planning, preparation and serving of school meals and nutritional supplements under this article shall also be encouraged in order to enlist the good will of the community toward the success of this program, and in order to reduce program costs. (Enacted by Stats. 1976, Ch. 1010.)
  135. 49518.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If funds are not enough to serve all eligible pupils, the Department of Education must follow the statute’s priority order for providing services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 49518. To the extent that available funds are insufficient to provide services under the program established by this article to all pupils defined as eligible, the following priorities for the provision of such services shall be observed by the Department of Education: (a) First priority for services shall go to pupils within the category of children described in Section 11202 of the Welfare and Institutions Code. (b) Second priority shall go to pupils eligible for social services only under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, and among such category of pupils the order of priorities shall decline progressively according to the age of the pupils, with the youngest pupils receiving the highest priority. (Enacted by Stats. 1976, Ch. 1010.)
  136. 49519.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Meals provided under this article must include an appropriate serving of milk, except for demonstration projects under Section 49514.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 49519. Each meal provided under this article shall include an appropriate serving of milk; provided, that the provisions of this section shall not be mandatory in the case of demonstration projects conducted pursuant to Section 49514. (Enacted by Stats. 1976, Ch. 1010.)
  137. 49520.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Notice of the availability of the program under this article must be given pursuant to Section 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Nutrition [49510 - 49520] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 49520. Notice of the availability of the program prescribed by this article shall be given pursuant to Section 48980. (Added by Stats. 1980, Ch. 975, Sec. 1.)
  138. 49530.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Schools and covered child development programs must provide for pupils’ nutritional needs and nutrition education during the schoolday.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 49530. (a) The Legislature finds that (1) the proper nutrition of children is a matter of highest state priority, and (2) there is a demonstrated relationship between the intake of food and good nutrition and the capacity of children to develop and learn, and (3) the teaching of the principles of good nutrition in schools is urgently needed to assist children at all income levels in developing the proper eating habits essential for lifelong good health and productivity. (b) It is the policy of the State of California that no child shall go hungry at school or a child development program and that schools and child development programs conducted pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 have an obligation to provide for the nutritional needs and nutrition education of all pupils during the schoolday and all children receiving child development services. (Enacted by Stats. 1976, Ch. 1010.)
  139. 49530.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “child nutrition entity” for this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 49530.5. As used in this article, “child nutrition entity” means any school district, county superintendent of schools, child development program operated pursuant to Chapter 2 (commencing with Section 8200) or Chapter 2.5 (commencing with Section 8400) of Part 6 of Division 1 of Title 1, local agency, private school, or parochial school, or any other agency which qualifies for federal aid under the federal school lunch program or the federal child nutrition program prescribed, respectively, by Chapter 13 (commencing with Section 1751) and Chapter 13A (commencing with Section 1771) of Title 42 of the United States Code. (Amended by Stats. 1977, Ch. 1041.)
  140. 49531.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain school entities may apply for available federal and state meal funds, but if they receive state funds they must provide breakfasts and lunches under state and federal guidelines.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 49531. (a) A school district, county superintendent of schools, or charter school may apply to the department for all available federal and state funds that they are eligible for so that a nutritionally adequate breakfast and lunch may be made available to pupils each schoolday at each schoolsite or school facility where pupils are present during the schoolday and to children receiving child development services. A school district, county superintendent of schools, or charter school that receives state funds pursuant to this article shall make available breakfasts and lunches in accordance with state and federal guidelines. If an entity’s school meal service is not in compliance with state and federal guidelines or regulations, or both, including noncompliance determined during administrative reviews, procurement reviews, or complaint investigations conducted by the department, the entity shall be ineligible for state meal reimbursement. (b) (1) A nutritionally adequate breakfast, for the purposes of this article, is one that qualifies for reimbursement under the most current meal pattern for the federal School Breakfast Program, as defined in Section 220.8 of Title 7 of the Code of Federal Regulations and paragraph (2). A nutritionally adequate lunch for purposes of this article is one that qualifies for reimbursement under the most current meal pattern for the federal National School Lunch Program, as defined in Section 210.10 of Title 7 of the Code of Federal Regulations and paragraph (2). (2) A nutritionally adequate breakfast or lunch shall not consist of more added sugar than the amount allowed by the federal School Breakfast Program and the federal National School Lunch Program, respectively. (3) Beginning December 31, 2027, a nutritionally adequate breakfast or lunch, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, shall not contain any of the following substances: (A) Blue 1 (CAS 3844-45-9). (B) Blue 2 (CAS 860-22-0). (C) Green 3 (CAS 2353-45-9). (D) Red 40 (CAS 25956-17-6). (E) Yellow 5 (CAS 1934-21-0). (F) Yellow 6 (CAS 2783-94-0). (4) Beginning July 1, 2035, a nutritionally adequate breakfast or lunch, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, shall not include either of the following: (A) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (B) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (c) (1) If the federal School Breakfast Program and federal National School Lunch Program allow more added sugar or sodium than is recommended by the most recent Dietary Guidelines for Americans, established by the United States Department of Agriculture and the United States Department of Health and Human Services, the State Department of Education shall convene representatives from the California School Nutrition Association and cafeteria workers, or their representatives, to work in partnership to provide the following: (A) Maximum daily added sugar intake recommendations for each grade level commensurate with the American Academy of Pediatrics’ standards for children two years of age or older. (B) Maximum daily added sodium intake recommendations for each grade level commensurate with recommendations for children and adolescents in the Dietary Guidelines for Americans. (2) Recommendations pursuant to this subdivision shall encourage the prioritization of foods with higher nutritional density when there is added sugar or sodium in the food. (d) State reimbursement for meals provided pursuant to this article shall be limited to meals made available to pupils pursuant to Section 49501.5. (Amended by Stats. 2025, Ch. 467, Sec. 7. (AB 1264) Effective January 1, 2026.)
  141. 49531.1.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The department must develop and maintain nutrition guidelines for school lunches, school breakfasts, and all food and beverages sold on public school campuses.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 49531.1. (a) The department shall develop and maintain nutrition guidelines for school lunches and breakfasts that are provided pursuant to Section 49501.5 and for all food and beverages sold on public school campuses. (b) The nutrition guidelines for school lunches and breakfasts, pursuant to subdivision (a), shall be consistent with the requirements for a nutritionally adequate breakfast and a nutritionally adequate lunch, as defined in subdivision (b) of Section 49531. (Amended by Stats. 2023, Ch. 600, Sec. 13. (SB 348) Effective January 1, 2024.)
  142. 49533.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A 13-member Child Nutrition Advisory Council must be appointed by January 1, 1975, by 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 49533. (a) A Child Nutrition Advisory Council composed of 13 members shall be appointed by January 1, 1975, to recommend plans and guidelines for school and child care meal service and nutrition education programs. The members of the council shall be appointed by the Superintendent and shall include one member of the department, one school administrator, one school board member, one school food service director, one school food service supervisor or manager, one classroom teacher, one curriculum coordinator, one nutrition education specialist, one layperson, one child care food program sponsor, one secondary high school pupil, one representative from a recognized parent-teacher organization, and one qualified consultant specializing in nutrition, education, child care, or health and welfare. (b) The members shall serve for a term of three years, except the pupil representative, who shall serve a one-year term. Council members shall serve without pay, but shall be reimbursed for authorized travel costs according to established department procedures. (Amended by Stats. 2017, Ch. 15, Sec. 46. (AB 99) Effective June 27, 2017.)
  143. 49534.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section lets the department and state board set up and regulate nutrition education programs, and lets county offices of education apply for and receive funds to implement projects.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 49534. (a) The department may formulate the basic elements of nutrition education programs for child nutrition entities participating in programs established under this article. Such programs may coordinate classroom instruction with the food service program and may be of sufficient variety and flexibility to meet the needs of pupils in the total spectrum of education, including early childhood, elementary and secondary schools, special education classes and programs, and child development programs. (b) Nutrition education programs may be maintained on a project approval basis. The state board may establish rules and regulations for nutrition education projects. County offices of education may apply for and receive funds on behalf of school districts under their jurisdiction in order to implement projects. (c) Projects may include, but need not be limited to, innovative ways to coordinate the school meal service program with the nutrition education program; development of community resources for purposes of nutrition education; instructional programs for teachers, parents, food service employees; and training and usage of paraprofessionals to assist the instructional staff. (Amended by Stats. 2021, Ch. 666, Sec. 44. (AB 486) Effective January 1, 2022.)
  144. 49536.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The department must adjust state meal contribution rates each year, before July 1, and use the specified cost-of-living methods when doing so.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 49536. (a) The department shall, before July 1 of each year, prescribe an adjustment in the state meal contribution rates established pursuant to this section for the forthcoming fiscal year. The adjustments shall reflect the changes in the cost of operating a school breakfast and lunch program and shall be made commencing on July 1 of each year. The adjustment shall be the average of the separate indices of the “Food Away From Home Index” for Los Angeles and San Francisco as prepared by the United States Bureau of Labor Statistics. (b) In giving effect to the cost-of-living provisions of this section, the department shall use the same month for computation of the percentage change in the cost of living after July 1, 1975. The same month shall be used annually thereafter. The product of a percentage increase or decrease in the average index and the per meal reimbursement disbursement rate shall be adjusted by the amount of a cost-of-living change currently in effect pursuant to the provisions of this section. (c) For the 1990–91 fiscal year to the 2012–13 fiscal year, inclusive, the cost-of-living adjustment shall be equal to the percentage change determined pursuant to subdivision (b) of Section 42238.1, as that section read on January 1, 2013. Commencing with the 2013–14 fiscal year, the cost-of-living adjustment shall be equal to the percentage determined pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (Amended by Stats. 2013, Ch. 47, Sec. 93. (AB 97) Effective July 1, 2013.)
  145. 49540.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. )

    Verify source ↗

    The Department of Education must participate in the federal child care food program for the state and may not stop participating unless the Legislature authorizes 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. ) ## 49540. The Department of Education shall, on behalf of the state, participate in the federal child care food program prescribed by Public Law 95-627, as codified in Section 1766 of Title 42 of the United States Code, and shall not terminate its participation in such program unless the Legislature authorizes such termination. (Added by Stats. 1980, Ch. 959, Sec. 1.)
  146. 49541.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. )

    Verify source ↗

    The Department of Education is designated as the single state agency to administer the child care food program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. ) ## 49541. The Department of Education is hereby designated as the single state agency to administer the child care food program. (Added by Stats. 1980, Ch. 959, Sec. 1.)
  147. 49542.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. )

    Verify source ↗

    The Department of Education must administer the child care food program for eligible participating entities, and it must seek federal waivers needed to reduce fragmentation and duplication, as allowed by federal law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. ) ## 49542. (a) The Department of Education shall administer the child care food program for all eligible, participating entities that provide child development services pursuant to Chapter 2 (commencing with Section 8200) of, and alternative child care programs pursuant to Chapter 2.5 (commencing with Section 8400) of, Part 6. (b) To the extent permitted by federal law, the child care food program shall be administered as part of such child development services and such alternative child care programs. (c) The department shall seek the waiver of all federal provisions necessary to reduce fragmentation and duplication in administering the child care food program within such child development services and such alternative child care programs. (Added by Stats. 1980, Ch. 959, Sec. 1.)
  148. 49543.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. )

    Verify source ↗

    The Department of Education must administer the child care food program for eligible participating entities that provide certain child development services or child care programs outside specified chapters.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. ) ## 49543. The Department of Education shall administer the child care food program for all eligible, participating entities that provide child development services outside of the provisions of Chapter 2 (commencing with Section 8200) of, or child care programs outside of the provisions of Chapter 2.5 (commencing with Section 8400) of, Part 6. (Added by Stats. 1980, Ch. 959, Sec. 1.)
  149. 49544.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. )

    Verify source ↗

    The Department of Education must maximize use of available federal funds for the federal child care food program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. ) ## 49544. The Department of Education shall maximize the use of available federal funds for the federal child care food program by all eligible entities that provide child development services or child care programs. (Added by Stats. 1980, Ch. 959, Sec. 1.)
  150. 49545.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. )

    Verify source ↗

    The Department of Education must secure federal reimbursement, in a timely manner, for all eligible participating entities in the child care food program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. ) ## 49545. The Department of Education shall secure, in a timely manner, federal reimbursement for all eligible, participating entities in the child care food program. (Added by Stats. 1980, Ch. 959, Sec. 1.)
  151. 49545.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. )

    Verify source ↗

    The State Department of Education must adopt regulations for child care food program eligibility and may impose penalties and sanctions for sponsoring organizations’ noncompliance. It may also terminate contracts and make certain contracts for high-risk sponsoring organizations last 12 months or less.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. ) ## 49545.5. To the extent permitted by federal law, the State Department of Education shall adopt regulations to establish eligibility requirements for participation in the child care food program and to impose penalties and sanctions for noncompliance by sponsoring organizations. This section may not be construed to prohibit the State Department of Education from terminating contracts with sponsoring organizations. The State Department of Education is authorized to establish contracts effective for periods of 12 months or less for sponsoring organizations meeting the department’s high-risk profile. (Added by Stats. 1999, Ch. 78, Sec. 37. Effective July 7, 1999.)
  152. 49546.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. )

    Verify source ↗

    The Legislature states that funding for implementing this article should come from federal funds or from transferred Department of Education support 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Child Care Food Program [49540 - 49546] ( Article 10.5 added by Stats. 1980, Ch. 959, Sec. 1. ) ## 49546. It is the intent of the Legislature that funding for costs for the implementation of this article shall come from either federal funds or transfer of funds appropriated for the support of the Department of Education. (Added by Stats. 1980, Ch. 959, Sec. 1.)
  153. 49547.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] ( Article 10.7 added by Stats. 1992, Ch. 948, Sec. 1. )

    Verify source ↗

    The Legislature states that schools, local governing boards, parents, and communities should support year-round nutrition program services for children, and that children’s nutrition needs should be met even when school is not in session.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] ( Article 10.7 added by Stats. 1992, Ch. 948, Sec. 1. ) ## 49547. (a) The Legislature finds and declares as follows: (1) Proper nutrition for children is a matter of the highest state priority. (2) There is a demonstrated relationship between the good nutrition practices on a year-round basis and the capacity of children to develop and learn. (3) Teaching the principles of good nutrition in schools is urgently needed to assist children at all income levels in developing proper eating habits that are essential for lifelong good health and productivity. (b) The Legislature finds and declares that it is essential that schools, local governing boards, parents, and communities provide leadership and support for the establishment of nutrition program services for children on a year-round basis. The nutritional needs of children must continue to be met when school is not in session. (c) The Legislature further recognizes the need to establish a permanent funding plan in order to provide qualifying local agencies with continuous financial support for the operation of child nutrition programs. (Added by Stats. 1992, Ch. 948, Sec. 1. Effective January 1, 1993.)
  154. 49547.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] ( Article 10.7 added by Stats. 1992, Ch. 948, Sec. 1. )

    Verify source ↗

    The State Department of Education must submit a management and administration plan for the Summer Food Service Program, and may manage the program if that plan is approved.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] ( Article 10.7 added by Stats. 1992, Ch. 948, Sec. 1. ) ## 49547.5. (a) The Legislature finds and declares the following: (1) Needy children rely upon school meals for supplemental nutrition that benefits their health, growth, and academic and social development. (2) Existing federal law, Section 1761 of Title 42 of the United States Code, establishes the Summer Food Service Program. This program provides assistance to states to support the operation of nonprofit food service programs for needy children during those times of the year when free and reduced-price school meals are not available. (b) The State Department of Education is designated the state agency for purposes of the Summer Food Service Program (42 U.S.C. Sec. 1761) and shall submit to the Western Regional Office of the Food and Nutrition Service of the United States Department of Agriculture a program management and administration plan. If the plan is approved, the department shall manage and administer the program. (c) The provisions of Sections 49501.5, 49536, 49550, and 49559 do not apply to the Summer Food Service Program, as set forth in this section. (Amended by Stats. 2023, Ch. 600, Sec. 14. (SB 348) Effective January 1, 2024.)
  155. 49548.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] ( Article 10.7 added by Stats. 1992, Ch. 948, Sec. 1. )

    Verify source ↗

    The state board must limit waiver criteria for summer school meal requirements, and waiver applications must be filed at least 60 days before the relevant state board meeting. A waiver may be granted for up to one year if the stated site, timing, or financial-loss 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] ( Article 10.7 added by Stats. 1992, Ch. 948, Sec. 1. ) ## 49548. (a) The state board, in order to effect compliance with legislative findings expressed in Section 49547, shall restrict the criteria for the issuance of waivers from the requirements of Section 49550 to feed children during a summer school session. A waiver shall be granted for a period not to exceed one year if either of the following conditions exists: (1) (A) A summer school session serving pupils enrolled in elementary school, as defined in clause (iii), shall be granted a waiver if a Summer Food Service Program for Children site is available within one-half mile of the schoolsite and either of the following conditions exists: (i) The hours of operation of the Summer Food Service Program for Children site commence no later than one-half hour after the completion of the summer school session day. (ii) The hours of operation of the Summer Food Service Program for Children site conclude no earlier than one hour after the completion of the summer school session day. (iii) For purposes of this subdivision, “elementary school” means a public school that maintains kindergarten or any of grades 1 to 8, inclusive. (B) A summer school session serving pupils enrolled in middle school, junior high school, or high school shall be granted a waiver if a Summer Food Service Program for Children site is available within one mile of the schoolsite and either of the following conditions exists: (i) The hours of operation of the Summer Food Service Program for Children site commence no later than one-half hour after the completion of the summer school session day. (ii) The hours of operation of the Summer Food Service Program for Children site conclude no earlier than one hour after the completion of the summer school session day. (2) (A) Serving meals during the summer school session would result in a financial loss to the school district, documented in a financial analysis performed by the school district, in an amount equal to one-third of net cash resources, as defined in Section 210.2 of Part 210 of Title 7 of the Code of Federal Regulations, which, for purposes of this article, shall exclude funds that are encumbered. If there are no net cash resources, an amount equal to the operating costs of one month as averaged over the summer school sessions. (B) The financial analysis required by subparagraph (A) shall include a projection of future meal program participation based on either of the following: (i) Commencement of a meal service period after the commencement of the summer school session day and conclusion of a meal service period before the completion of the summer school session day. (ii) Operation of a schoolsite as an open Summer Seamless Option or a Summer Food Service Program for Children site, and providing adequate notification thereof, including flyers and banners, in order to fulfill community needs under the Summer Food Service Program for Children (7 C.F.R. 225.14(d)(3)). (3) The entire summer school day is two hours or less in duration. (b) The state board and the Superintendent shall provide leadership to encourage and support schools and public agencies to participate in the Summer Food Service Program for Children, consistent with the intent of Section 49504. (c) An application for a waiver shall be submitted no later than 60 days before the last regular meeting of the state board before the commencement of the summer school session for which the waiver is sought. (Amended by Stats. 2013, Ch. 76, Sec. 44. (AB 383) Effective January 1, 2014.)
  156. 49548.2.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] ( Article 10.7 added by Stats. 1992, Ch. 948, Sec. 1. )

    Verify source ↗

    The State Department of Education must seek federal law changes and work to expand coordinated nutrition services for children.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] ( Article 10.7 added by Stats. 1992, Ch. 948, Sec. 1. ) ## 49548.2. (a) The State Department of Education shall seek federal statutory amendments as follows: (1) To cause the Summer Food Service Program for Children to become more compatible with the National School Lunch Program by defining “enrollment” to allow flexibility in the eligibility criteria for the National School Lunch Program in order that more children can be served during school vacation periods under an ongoing school lunch-breakfast program. (2) To specifically authorize California to be a pilot for universal year-round feeding under the concept of comprehensive child nutrition programs. (b) The State Department of Education shall work to expand coordinated services for children to include comprehensive nutrition program services. (Added by Stats. 1992, Ch. 948, Sec. 1. Effective January 1, 1993.)
  157. 49548.3.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] ( Article 10.7 added by Stats. 1992, Ch. 948, Sec. 1. )

    Verify source ↗

    The State Department of Education must carry out outreach and coordination efforts for the Summer Food Service Program for Children.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] ( Article 10.7 added by Stats. 1992, Ch. 948, Sec. 1. ) ## 49548.3. The State Department of Education shall invite the United States Department of Agriculture to join the Child Nutrition and Food Distribution Division in its annual workshops and conferences to present information on the Summer Food Service Program for Children. The State Department of Education shall integrate information on the Summer Food Service Program for Children into nutritional activities, presentations, and contacts with professional groups, including the Association of California School Administrators, California Association of School Business Officials, California School Food Service Association, California Dietetic Association, and California Nutrition Council. In addition, the State Department of Education shall: (a) Assist the United States Department of Agriculture in preparing and distributing outreach materials and presentations on the Summer Food Service Program for Children that target schools, public and private nonprofit agencies, including soup kitchens, homeless feeding sites, and other charitable institutions. (b) Obtain from the United States Department of Agriculture the profile of participating agencies and then work cooperatively with that department in targeting those underserved areas for intensive outreach efforts. (c) Establish linkages with other agencies and organizations to facilitate increasing the number of Summer Food Service Program for Children sponsors. These agencies may include, but not be limited to, the California Department of Parks and Recreation, League of California Cities, County Supervisors Association of California, California Hunger Action Coalition, and other organizations. (Added by Stats. 1992, Ch. 948, Sec. 1. Effective January 1, 1993.)
  158. 49550.3.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The department must support school breakfast and summer meals programs by providing information, limited financial assistance, and grants, and grant funds cannot be used for certain 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49550.3. (a) Because a hungry child cannot learn, the Legislature intends, as a state nutrition and health policy, that the federal School Breakfast Program be made available in all schools where it is needed to provide adequate nutrition for children in attendance. (b) The department, in cooperation with school districts and county superintendents of schools, shall provide information and limited financial assistance to encourage program startup and expansion into all qualified schools, as follows: (1) Provide information to school districts and county superintendents of schools concerning the benefits and availability of the federal School Breakfast Program. (2) Each year, provide additional information and financial assistance to schools in the state, in which 20 percent or more of the school enrollment consists of children who have applied and qualify for free and reduced-price meals. (c) The department shall award grants of up to fifteen thousand dollars ($15,000) per schoolsite on a competitive basis to school districts, county superintendents of schools, or entities approved by the department, limited to an amount subject to budget appropriations each fiscal year, for nonrecurring expenses incurred in initiating or expanding a school breakfast program under this section or a federal summer meals program, including the summer food service program pursuant to Article 10.7 (commencing with Section 49547) and the Seamless Summer Option component of the federal National School Lunch Program. (d) Grants awarded under this section shall be used for nonrecurring costs of initiating or expanding a school breakfast program or a federal summer meals program, including the acquisition of equipment, training of staff in new capacities, outreach efforts to publicize new or expanded school breakfast programs or federal summer meals programs, minor alterations to accommodate new equipment, computer point-of-service systems for food service, and the purchase of vehicles for transporting food to schools. Funds may not be used for salaries and benefits of staff, food, computers, except computer point-of-service systems, or capital outlay. (e) In making grant awards under this section in any fiscal year, the department shall give a preference to school districts and county superintendents of schools that do all of the following: (1) Submit to the department a plan to start or expand school breakfast programs or federal summer meals programs in the school district or the county, including a description of the following: (A) The manner in which the school district or county superintendent of schools will provide technical assistance and funding to schoolsites to expand those programs. (B) Detailed information on the nonrecurring expenses needed to initiate a program. (C) Public or private resources that have been assembled to carry out expansion of these programs during that year. (2) Agree to operate the school breakfast program or the federal summer meals program for a period of not less than three years. (3) Assure that the expenditure of funds from state and local resources for the maintenance of the school breakfast program or the federal summer meals program shall not be diminished as a result of grant awards received under this section. (f) A grant awarded under this section may be used to implement a school breakfast program that serves breakfast after the start of the schoolday. (Amended by Stats. 2018, Ch. 593, Sec. 5. (AB 3043) Effective January 1, 2019.)
  159. 49550.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    This section defines key terms and lets participating educational entities provide universal breakfast, 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49550.5. (a) For purposes of this section, the following definitions apply: (1) “Cafeteria fund” means the nonprofit school food service account, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations. (2) “Educational entity” means a school district, county office of education, private nonprofit school, charter school, or residential child care institution, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations within the definition of “school.” (3) “Universal breakfast” means a nutritionally adequate breakfast that complies with, and qualifies for reimbursement under, the federal School Breakfast Program and that is provided to every pupil at no charge. (b) (1) Commencing with the 2019–20 school year, an educational entity that participates in the federal School Breakfast Program may, to the maximum extent practicable, provide universal breakfast. Except as provided in paragraph (2), an educational entity that seeks to use the cafeteria fund to supplement meal costs for universal breakfast shall submit to the department for approval before implementing universal breakfast pursuant to this section, on or before July 1 of each year, an application, signed by the educational entity’s governing board or governing body, certifying that the educational entity will provide breakfasts at no charge to all pupils and cover with nonfederal funds any costs of providing those breakfasts to all pupils above the amount provided in federal reimbursement. (2) The requirement to submit an application to the department in paragraph (1) does not apply to an educational entity that participates in a federally authorized provision pursuant to which the educational entity provides universal breakfast, including, but not limited to, Provision 1, 2, or 3, or the Community Eligibility Provision of the federal Richard B. Russell National School Lunch Act (42 U.S.C. Sec. 1751 et seq.). (c) Contributions that are a direct support of universal breakfast may be used to offset operation costs. These contributions may include the following: (1) Funds from the cafeteria fund. (2) Funds provided to support universal breakfast by organizations, including, but not limited to, school-related and community groups or by the city, county, city and county, or state. (Added by Stats. 2018, Ch. 593, Sec. 6. (AB 3043) Effective January 1, 2019.)
  160. 49551.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    The State Board of Education must adopt regulations with standards and guidelines to carry out this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49551. The State Board of Education shall adopt regulations prescribing standards and guidelines for carrying out the purposes of this article. (Enacted by Stats. 1976, Ch. 1010.)
  161. 49552.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “needy children” for the article and says family day care homes are reimbursed for 75% of meals.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49552. For the purposes of this article, needy children shall be defined as those children who meet federal eligibility criteria for free and reduced price meals as defined in Section 49531, except for family day care homes which shall be reimbursed for 75 percent of the meals. The amendments to this section enacted by the Legislature in the 1982 portion of the 1981–82 Regular Session of the Legislature shall apply retroactively to July 1, 1981, to the extent that they may legally do so. (Amended by Stats. 1982, Ch. 209, Sec. 14.6. Effective May 20, 1982.)
  162. 49553.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines a nutritionally adequate meal and sets the meal-component amounts and permitted substitutions for certain school nutrition supplements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49553. (a) A nutritionally adequate meal, for the purposes of this article, is a breakfast or lunch as defined in Section 49531 that qualifies for reimbursement under the federal child nutrition program regulations. (b) (1) (A) For the purposes of special school nutrition supplements provided to pregnant or lactating pupils under Section 49559, protein and grain meal components for any given day shall, together, offer a total of five ounces of protein, one ounce of which shall be cheese or eight ounces of milk and three servings from the grain group, preferably whole and nutritious grains. This may be accomplished by adding one ounce of protein and one serving from the grain group at breakfast or serving these as a snack, and by adding one or two ounces of protein, one ounce of which shall be cheese or eight ounces of milk, to lunch, or by offering a morning supplement consisting of two or three ounces of protein, one ounce of which must be cheese, or eight ounces of milk, and one or two servings from the grain group. (B) Meal components where only breakfast is served shall be increased to a total including one ounce of protein and two servings from the grain group, preferably whole and nutritious grains. (C) Where both breakfast and lunch are provided, they shall, together, provide a total of five ounces of protein foods, one ounce of which shall be cheese, three servings from the grain group, preferably whole and nutritious grains, one and one-fourth cups from the fruit and vegetable group, and one pint from the milk group. (2) The following options shall be allowed: (A) One cup of fruit in place of one serving of the grain group, once a week. (B) One cup of yogurt, made with pasteurized milk, in place of eight ounces of milk or one ounce of cheese, up to two times per week. (Amended (as amended by Stats. 1998, Ch. 1078) by Stats. 2002, Ch. 1168, Sec. 34. Effective September 30, 2002.)
  163. 49554.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    A school district or county superintendent of schools may contract for meal preparation, delivery, and service if it lacks food service staff or adequate food preparation facilities and cannot provide nutritionally adequate meals.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49554. Any school district or county superintendent of schools which has had no food service employees since July 1, 1977, or has inadequate or no food preparation facilities as determined by the State Department of Education, and is, therefore, unable to provide a nutritionally adequate breakfast or lunch, or both, may contract for the preparation, delivery, and service of those meals. Any contract for the preparation, delivery, and service of meals shall not be deemed to establish food service positions for the purposes of Section 39902. Prior to contracting for preparation, delivery, and service of such meals, a school district shall certify to the State Department of Education that no school district in the county nor the county superintendent of schools has the facilities and is willing to furnish those services. (Amended by Stats. 1982, Ch. 613, Sec. 1.)
  164. 49556.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    The Superintendent must supervise this article, investigate alleged noncompliance, certify noncompliance when found, and may seek injunctive relief to secure 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49556. The Superintendent shall supervise the implementation of this article and shall investigate acts of alleged noncompliance. If the Superintendent finds that a school district or county superintendent of schools has failed to comply with this article, the Superintendent shall certify the noncompliance. The Superintendent shall conduct an investigation as may be necessary to document the noncompliance. The Superintendent, in the Superintendent’s discretion, shall seek injunctive relief to secure compliance with this article. (Amended by Stats. 2021, Ch. 666, Sec. 45. (AB 486) Effective January 1, 2022.)
  165. 49557.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    School districts and county education officials must make free or reduced-price meal applications available, and any optional online application must meet privacy, content, and access limits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49557. (a) (1) The governing board of a school district and the county superintendent of schools shall make paper applications for free or reduced-price meals available to pupils at all times during each regular schoolday, and may also make an application electronically available online, provided that the online application complies with paragraph (3). Pursuant to federal and state guidelines, the application shall contain clear instructions for families that are homeless or are migrants, and shall also contain, in at least 8-point boldface type, each of the following statements: (A) Applications for free and reduced-price meals may be submitted at any time during a schoolday. (B) Children participating in the federal National School Lunch Program will not be overtly identified by the use of special tokens, special tickets, special serving lines, separate entrances, separate dining areas, or by any other means. (2) A school district and the county superintendent of schools shall use all other paper applications it has for free or reduced-price meals before utilizing the applications pursuant to this subdivision. (3) If a governing board of a school district, a county office of education, or a school food authority chooses to provide access to an online application for free or reduced-price meals pursuant to paragraph (1), the online application shall comply with all of the following requirements: (A) Include a link to the Internet Web site on which translated applications are posted by the United States Department of Agriculture, with instructions in that language that inform the applicant how to submit the application. The Legislature finds and declares that federal guidelines require school food authorities to accept and process these applications if they are submitted to the school food authority. (B) Require completion of only those questions that are necessary for determining eligibility. (C) Include clear instructions for families that are homeless or are migrants. (D) Comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Children’s Online Privacy Protection Act of 1998 (Public Law 105-277). (E) Include links to all of the following: (i) The online application to CalFresh. (ii) The online single state application for health care. (iii) The Internet Web page maintained by the State Department of Public Health entitled “About WIC and How to Apply,” or another Internet Web page identified by the State Department of Public Health that connects families to the Special Supplemental Nutrition Program for Women, Infants and Children. (iv) The Internet Web site of a summer lunch program authorized to participate within the city or school district. (F) No online application for free or reduced-price meals shall be made available online or made accessible online by a school district, a county office of education, or a school food authority if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application. (b) The governing board of each school district and each county superintendent of schools shall formulate a plan, which shall be mailed to the State Department of Education for its approval, that will ensure that children eligible to receive free or reduced-price meals and milk shall not be treated differently from other children. These plans shall ensure each of the following: (1) Unless otherwise specified, the names of the children shall not be published, posted, or announced in any manner, or used for any purpose other than the federal National School Lunch Program. (2) There shall be no overt identification of any of the children by the use of special tokens or tickets or by any other means. (3) The children shall not be required to work for their meals or milk. (4) The children shall not be required to use a separate dining area, go through a separate serving line, enter the dining area through a separate entrance, or consume their meals or milk at a different time. (c) When more than one lunch or breakfast or type of milk is offered pursuant to this article, the children shall have the same choice of meals or milk that is available to those children who pay the full price for their meal or milk. (Amended by Stats. 2015, Ch. 390, Sec. 2. (SB 708) Effective January 1, 2016.)
  166. 49557.1.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    School districts and county superintendents of schools are encouraged to add information to free or reduced-price meal program applications about how parents can request information on Medi-Cal and the Healthy Families Program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49557.1. In making available to pupils the application for participation in the free or reduced-price meal program provided for under subdivision (a) of Section 49557, each school district and county superintendent of schools is encouraged to include information that parents may use to request information concerning the Medi-Cal program administered pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, and the Healthy Families Program, administered pursuant to Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code. School districts and county superintendents of schools are encouraged to perform this task in the most cost-beneficial manner. (Added by Stats. 2000, Ch. 93, Sec. 1. Effective July 7, 2000.)
  167. 49557.2.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    School districts and county superintendents may share School Lunch Program information with Medi-Cal-related agencies only with applicant consent, and several related notices, limits, and procedures apply.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49557.2. (a) (1) At the option of the school district or county superintendent, and to the extent necessary to implement Section 14005.41 of the Welfare and Institutions Code, the following information may be incorporated into the School Lunch Program application packet or notification of eligibility for the School Lunch Program using simple and culturally appropriate language: (A) A notification that if a child qualifies for free school lunches, then the child may qualify for free or reduced-cost health coverage. (B) A request for the applicant’s consent for the child to participate in the Medi-Cal program, if eligible for free school lunches, and to have the information on the school lunch application shared with the entity designated by the State Department of Health Care Services to make an accelerated determination and the local agency that determines eligibility under the Medi-Cal program. (C) A notification that the school district will not forward the school lunch application to the entity designated by the State Department of Health Care Services to make an accelerated determination and the local agency that determines eligibility under the Medi-Cal program, without the consent of the child’s parent or guardian. (D) A notification that the school lunch application is confidential and, with the exception of forwarding the information for use in health program enrollment upon the consent of the child’s parent or guardian, the school district will not share the information with any other governmental agency, including the federal Department of Homeland Security and the Social Security Administration. (E) A notification that the school lunch application information will only be used by the entity designated by the State Department of Health Care Services to make an accelerated determination and the state and local agencies that administer the Medi-Cal program for purposes directly related to the administration of the Medi-Cal program and will not be shared with other governmental agencies, including the federal Department of Homeland Security and the Social Security Administration for any purpose other than the administration of the Medi-Cal program. (F) Information regarding the Medi-Cal program, including available services, program requirements, rights and responsibilities, and privacy and confidentiality requirements. (2) The department, in consultation with school districts, county superintendents of schools, consumer advocates, counties, the State Department of Health Care Services, and other stakeholders, shall make recommendations regarding the School Lunch Program application, on or before February 1, 2003. The recommendations shall include specific changes to the School Lunch Program application materials as necessary to implement Section 14005.41 of the Welfare and Institutions Code, information for staff as to how to implement the changes, and a description of the process by which information on the School Lunch Program application will be shared with the county, as the local agency that determines eligibility under the Medi-Cal program. (3) At the option of the school, the request for consent in subparagraph (B) of paragraph (1) may be modified so that the parent or guardian can also consent to allowing Medi-Cal to inform the school as provided in subdivision (n) of Section 14005.41 of the Welfare and Institutions Code when followup is needed in order to complete the Medi-Cal application process. (b) (1) School districts and county superintendents of schools may implement a process to share information provided on the School Lunch Program application with the entity designated by the State Department of Health Care Services to make an accelerated determination and with the local agency that determines eligibility under the Medi-Cal program, and shall share this information with those entities, if the applicant consents to that sharing of information. Schools may designate, only as necessary to implement this section, nonfood service staff to assist in the administration of free, reduced price, or paid school lunch applications that have applicant consent, but only if that designation does not displace or have an adverse effect on food service staff. This information may be shared electronically, physically, or through whatever method is determined appropriate. (2) If a school is aware that a child, who has been found eligible for free school lunches under the National School Lunch Program, and for whom the parent or guardian has consented to share the information provided on the application, already has an active Medi-Cal or Healthy Families case, the application shall not be processed for an accelerated determination but shall be forwarded to the local agency that determines eligibility under the Medi-Cal program pursuant to Section 14005.41 of the Welfare and Institutions Code. The school shall notify the parent or guardian of the child’s ineligibility for an accelerated Medi-Cal determination due to the current eligibility status and that the child’s application will be forwarded to the county pursuant to this section. The notice shall include a statement, with contact information, advising the parent or guardian to contact the Medi-Cal or Healthy Families programs regarding the child’s eligibility status. (3) Each school district or county superintendent that chooses to share information pursuant to this subdivision shall enter into a memorandum of understanding with the local agency that determines eligibility under the Medi-Cal program, that sets forth the roles and responsibilities of each agency and the process to be used in sharing the information. (4) The local agency that determines eligibility under the Medi-Cal program shall only use information provided by applicants on the school lunch application for purposes directly related to the administration of the Medi-Cal program. (5) After school districts share information regarding the school lunch application with the entity designated by the State Department of Health Care Services to make an accelerated determination and the local agency that determines eligibility under the Medi-Cal program, for the purpose of determining Medi-Cal program eligibility, the local agency and the school district shall not share information about school lunch participation or the Medi-Cal program eligibility information with each other except as specifically authorized under subdivision (n) of Section 14005.41 of the Welfare and Institutions Code and other provisions of law. (c) Effective July 1, 2005, the notifications and consent referenced in subdivision (a) and the procedures set out in subdivision (b) shall include the Healthy Families Program and any relevant county- and local-sponsored health insurance programs as necessary to implement Section 14005.41 of the Welfare and Institutions Code. (d) Effective January 1, 2014, the notifications referenced in subdivision (a) shall do all of the following: (1) Advise the applicant that the applicant may be eligible for reduced-cost comprehensive health care coverage through the California Health Benefit Exchange. (2) Advise that, if the applicant’s family income is low, the applicant may be eligible for no-cost coverage through Medi-Cal. (3) Provide the applicant with the contact information for the California Health Benefit Exchange, including its Internet Web site and telephone number. (4) Comply with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and any other applicable federal or state disabled access law. (e) If a school district finds that the child is eligible for reduced price or paid meals under the National School Lunch Program and consent was provided as described in subdivision (b), the entity designated by the State Department of Health Care Services to make an accelerated determination shall notify the parent or guardian of the child’s ineligibility for an accelerated Medi-Cal determination pursuant to Section 14005.41 of the Welfare and Institutions Code. The notification shall include information on other available health programs for which the child may be eligible. (f) A school district may also include the notifications in the notifications at the beginning of the first semester or quarter of the regular school term required pursuant to Section 48980. (g) Upon receipt of information provided on the School Lunch Program application pursuant to this section, for a pupil who is not already enrolled in a health insurance affordability program, the county shall treat the School Lunch Program application as an application for a health insurance affordability program. For purposes of administration of the Medi-Cal program, the application date shall be the date that the School Lunch Program application is received by the county human services department. The county shall take no further action if it determines that the pupil is already enrolled in a health insurance affordability program. (Amended by Stats. 2014, Ch. 71, Sec. 40. (SB 1304) Effective January 1, 2015.)
  168. 49557.3.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    School districts or county offices may share School Lunch Program application information with CalFresh eligibility agencies only if the listed conditions are met, and the information is otherwise confidential.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49557.3. (a) Each school district or county office of education, at its option, may enter into a memorandum of understanding with the local agency that determines CalFresh program eligibility, or its designee, to share information provided on the School Lunch Program application with that agency, if the child is approved for free meals or, if included in the memorandum of understanding, reduced-price meals, and if the applicant consents to the sharing of that information. The information may be shared electronically, physically, or through whatever method is determined appropriate. Any memorandum of understanding entered into pursuant to this section shall set forth the roles and responsibilities of the school district or county office of education and the local agency, and the process to be used in sharing the information. (b) The local agency that determines CalFresh program eligibility shall use information provided on a School Lunch Program application only for purposes directly related to the enrollment of families in the CalFresh program. (c) The School Lunch Program application is confidential, and, with the exception of forwarding the information on the application for use in CalFresh program enrollment consistent with Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code upon the consent of the pupil’s parent or guardian, the school district, county superintendent of schools, or CalFresh program administrators shall not share the information with any other governmental agency, including the federal Immigration and Naturalization Service and the Social Security Administration, or use the information for any purpose other than enrollment in the CalFresh program. (d) After a school district or county office of education shares information provided on a School Lunch Program application with the local agency that determines CalFresh program eligibility, or its designee, for the purpose of determining the applicant’s eligibility for the CalFresh program, the school district or county office of education and the local agency, or its designee, shall not share information about the applicant or his or her household with each other, or any other entity, unless specifically authorized to do so pursuant to other provisions of law. (Added by Stats. 2011, Ch. 504, Sec. 1. (AB 402) Effective January 1, 2012.)
  169. 49557.4.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    The State Department of Education and the State Department of Social Services may share data to administer the P-EBT food benefit program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49557.4. (a) Notwithstanding Sections 49076, 49557.3, and 49558, and accompanying regulations, the State Department of Education and the State Department of Social Services may share data for the limited purpose of administering the Pandemic Electronic Benefit Transfer (P-EBT) food benefit program established pursuant to Public Law 116-127, including, but not limited to, identifying eligible students and evaluating program outcomes. (b) The authority provided by this section shall continue until the P-EBT program established pursuant to Public Law 116-127 has been terminated pursuant to federal law or federal approval to administer the program has expired. (Added by Stats. 2021, Ch. 696, Sec. 2. (AB 172) Effective October 8, 2021.)
  170. 49557.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    This section requires certain local educational agencies and school staff to protect pupils’ access to meals and not target them for meal-fee collection.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49557.5. (a) For purposes of this section, “local educational agency” means a school, school district, county office of education, or charter school. (b) (1) A local educational agency shall ensure that a pupil is not denied an available reimbursable meal of the pupil’s choice and is not shamed or treated differently from other pupils due to the pupil’s eligibility for free or reduced-price meals. This paragraph does not prohibit a school from serving an alternative reimbursable meal to a pupil who may need one for dietary or religious reasons, or as a regular menu item. (2) If a local educational agency is required to provide to the department or to the United States Department of Agriculture a copy of the meal charge policy required pursuant to memorandum SP 46-2016 issued by the United States Department of Agriculture, the local educational agency or governing board or body of the local educational agency, as applicable, shall make that policy public. (c) School personnel and volunteers at a local educational agency that serves nutritionally adequate meals to pupils during the instructional day shall not allow any disciplinary action that is taken against a pupil to result in the denial or delay of a nutritionally adequate breakfast or a nutritionally adequate lunch, as defined in Section 49553, to that pupil. (d) A local educational agency shall not take any action directed at a pupil to collect school meal fees. (e) This section shall only apply to a local educational agency that provides school meals through the federal National School Lunch Program or the federal School Breakfast Program. (Amended by Stats. 2023, Ch. 600, Sec. 16. (SB 348) Effective January 1, 2024.)
  171. 49557.6.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    The State Department of Education and the State Department of Social Services may share data to help administer Summer EBT.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49557.6. Notwithstanding Sections 49076, 49557.3, and 49558, and accompanying regulations, the State Department of Education and the State Department of Social Services may share data for the limited purpose of administering the federal Summer Electronic Benefit Transfer for Children (Summer EBT) program established pursuant to Section 1762 of Title 42 of the United States Code, including, but not limited to, identifying eligible students and evaluating program outcomes. (Added by Stats. 2023, Ch. 43, Sec. 1. (AB 120) Effective July 10, 2023.)
  172. 49558.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    Meal-eligibility records are confidential, with limited disclosures allowed only for specific school, funding, and eligibility 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49558. (a) All applications and records concerning any individual made or kept by any public officer or agency in connection with the administration of any provision of this code relating to free or reduced-price meal eligibility shall be confidential, and may not be open to examination for any purpose not directly connected with the administration of any free or reduced-price meal program, or any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any free or reduced-price meal program. (b) Notwithstanding subdivision (a), a public officer or agency may allow school district employees, who are authorized by the governing board of the school district, to disclose from the individual meal records only the pupil’s name and school meal eligibility status, solely for purposes of disaggregation of academic achievement data or to identify pupils eligible for public school choice and direct pupil services pursuant to the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.), if the public agency ensures the following: (1) The public agency has adopted a policy that allows for the use of individual records for these purposes. (2) No individual indicators of participation in any free or reduced-price meal program are maintained in the permanent record of any pupil, unless otherwise allowed by law. (3) No public release of information regarding individual pupil participation in any free or reduced-price meal program is permitted. (4) All other confidentiality provisions required by law are met. (5) The information collected regarding individual pupils certified to participate in the free or reduced-price meal program is destroyed when it is no longer needed for its intended purpose. (c) Notwithstanding subdivision (a), the school districts and county superintendents of schools may release information on the School Lunch Program application to the local agency that determines eligibility under the Medi-Cal program if the child is approved for free meals and if the applicant consents to the sharing of information pursuant to Section 49557.2. (d) Notwithstanding subdivision (a), the school districts and county superintendents of schools may release information on the School Lunch Program application to the local agency that determines eligibility under the CalFresh program or to an agency that determines eligibility for nutrition assistance programs authorized by Chapter 2 (commencing with Section 210.1) of Subtitle B of Title 7 of the Code of Federal Regulations, if the child is approved for free or reduced-price meals and if the applicant consents to the sharing of information pursuant to Section 49557.3. (e) Notwithstanding subdivision (a), a school district, charter school, or county office of education may release the name and eligibility status of a pupil participating in the free or reduced-price meal program as follows: (1) To the Superintendent for purposes of determining funding allocations under the local control funding formula and for assessing the accountability of that funding. (2) Upon request, to another school district, charter school, or county office of education that is serving a pupil living in the same household as an enrolled pupil for purposes related to free or reduced-price meal program eligibility and for data used in local control funding formula calculations. (f) Information released pursuant to subdivision (c), (d), or (e) shall adhere to all of the following requirements: (1) Individual indicators of participation in a free or reduced-price meal program shall not be maintained in the permanent record of any pupil, unless otherwise authorized by law. (2) The public release of information regarding individual pupil participation in a free or reduced-price meal program is not permitted. (3) All other confidentiality requirements imposed by law or regulation are met. (Amended by Stats. 2018, Ch. 669, Sec. 10. (AB 1661) Effective January 1, 2019.)
  173. 49559.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    School food authorities may receive reimbursement, and the State Department of Education must process claims and adjust meal contribution rates on the stated 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49559. (a) Any school food authority that participates in a federal child nutrition program and is reimbursed pursuant to subdivision (b) of Section 49501.5 for meals served pursuant to this article may be reimbursed at the current rate as determined by the State Department of Education, pursuant to subdivision (d). If the sum appropriated for purposes of this section is not sufficient to make the allowances specified by this section, the allowances shall be reduced proportionately. This rate shall be in addition to the reimbursement currently provided under Section 49536. The additional funds shall be used exclusively to supplement the meals served pursuant to Section 49501.5. (b) The State Department of Education shall make allowances to school food authorities from the General Fund on at least a quarterly basis. Program providers shall submit claims to the department within 60 days after the close of each claim month. Within 45 calendar days of submission of a timely and valid claim, the State Department of Education shall tender reimbursement. (c) (1) The State Department of Education shall, upon enactment of the annual Budget Act, prescribe an adjustment in the state meal contribution rates for the next fiscal year. The adjustments shall reflect the changes in the cost of operating a school breakfast, snack, and lunch program and shall be effective July 1 of each year. The adjustment shall be based on the average of the separate indices of the “Food Away From Home Index” for Los Angeles and San Francisco, as prepared by the United States Bureau of Labor Statistics. (2) In giving effect to the cost-of-living provisions of this subdivision, the State Department of Education shall prescribe a calendar month for the computation of the percentage change in the cost of living after July 1, 1985. The same month shall be used annually thereafter. The product of any percentage increase or decrease in the average index and the per meal reimbursement disbursement rate shall be adjusted by the amount of any cost-of-living change currently in effect pursuant to this subdivision. For the purposes of this subdivision, state reimbursement shall be made for the breakfast or lunch that qualifies for reimbursement pursuant to the nutritional requirements of Section 49553. (Amended by Stats. 2023, Ch. 600, Sec. 17. (SB 348) Effective January 1, 2024.)
  174. 49560.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    Child nutrition programs under Section 49559 must keep a database specified by the Superintendent of Public Instruction for program evaluation, and up to 5% of certain appropriated funds may be used for related administrative expenses.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49560. The child nutrition programs operated pursuant to Section 49559 shall maintain a data base as specified by the Superintendent of Public Instruction for purposes of program evaluation. From the funds appropriated in Section 4 of this act, an amount not to exceed 5 percent may be used for administrative expenses incurred by the State Department of Education, including administrative costs incurred in the collection of the data. (Added by Stats. 1985, Ch. 1482, Sec. 4.)
  175. 49561.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    The department must create and use a computerized data-matching process for direct certification and privacy-protected data sharing for school meal 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49561. (a) The department shall create a computerized data matching system using existing databases from the department and the State Department of Health Care Services to directly certify recipients of CalFresh, the California Work Opportunity and Responsibility to Kids program (the CalWORKs program) (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), and other programs authorized for direct certification under federal law for enrollment in the federal National School Lunch Program and the federal School Breakfast Program. (b) The department shall design a process using an existing agency database that will conform with data from the State Department of Health Care Services to meet the direct certification requirements of the federal National School Lunch Act, as amended, pursuant to Chapter 13 (commencing with Section 1751) of Title 42 of the United States Code, and the federal Child Nutrition Act of 1966, as amended, pursuant to Chapter 13A (commencing with Section 1771) of Title 42 of the United States Code. (c) The department shall design a process using computerized data pursuant to subdivision (a) that will maximize enrollment in school meal programs and improve program integrity while ensuring that pupil privacy safeguards remain in place. The State Department of Health Care Services or the department shall conduct the data match of local school records to determine program eligibility, as required by federal law. Use of any data by the department in the data match process shall conform with the privacy and confidentiality protections identified in paragraph (1) of subdivision (d). (d) (1) Each state agency identified in subdivision (a) is responsible for the maintenance and protection of data received by the respective agency. The state agency that possesses the data shall follow privacy and confidentiality procedures consistent with all applicable state and federal law. Additionally, each state agency involved in the data match process shall amend any applicable existing agreements before the department may conduct the data match pursuant to subdivision (c). Before a state agency provides the department with data to conduct a data match, the department and that state agency shall execute a written agreement that outlines the use of the data in the data match process and incorporates privacy and confidentiality procedures consistent with all applicable state and federal law. To the extent permitted by state and federal law, the department and the State Department of Health Care Services may review the data only for the purposes of improving the effectiveness of the data matches made pursuant to this section and Section 49562. (2) Notwithstanding Section 10850 of the Welfare and Institutions Code, data that identify applicants for, or recipients of, public social services, may be transferred from existing databases maintained by the State Department of Health Care Services, in order to directly certify recipients of CalFresh, the CalWORKs program, and other programs authorized for direct certification under federal law, in compliance with subdivision (a). The Legislature hereby finds and declares that this paragraph is declaratory of existing law. (e) The department shall determine the availability of and request or apply for, as appropriate, federal funds to assist the state in implementing new direct certification requirements mandated by federal law. (f) This section shall become operative upon receipt of federal funds to assist the state in implementing new direct certification requirements mandated by federal law. (Amended by Stats. 2017, Ch. 91, Sec. 1. (AB 1502) Effective January 1, 2018. Section conditionally operative as provided in subd. (f).)
  176. 49562.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    The department must create and run a Medi-Cal data process to verify income and help directly certify eligible pupils for school meals, while limiting information, protecting privacy, and sharing data with local educational 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49562. (a) The department, in consultation with the State Department of Health Care Services, shall develop and implement a process to use the participation data from the Medi-Cal program administered pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, to verify income as established in the federal Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265) and, to the extent permitted under federal law, directly certify children whose families meet the applicable income criteria into the school meal program. (b) The department shall share the participation data described in subdivision (a) with local educational agencies. A local educational agency that participates in a federal school meal program shall use the participation data described in subdivision (a), commencing with the participation data of pupils in the 2017–18 school year, to directly certify pupils eligible for free and reduced-price school meals, to the extent permitted under federal law. (c) In the operation of this process, the department shall limit the information needed from the State Department of Health Care Services to identify families whose income falls below the eligibility cutoff for free or reduced-price meals, and utilize the least amount of information needed to facilitate a match of local school records. The State Department of Health Care Services shall conduct the data match of local school records and return a list to the department, including only the data fields submitted by the department and an indicator of program eligibility, as required by federal law. (d) The department and the State Department of Health Care Services shall design this process to maintain pupil privacy and the privacy of Medi-Cal recipients by establishing privacy and confidentiality procedures consistent with all applicable state and federal laws. Local educational agencies shall maintain pupil privacy and the privacy of Medi-Cal recipients through privacy and confidentiality procedures consistent with applicable state and federal laws. The department and local educational agencies shall utilize appropriate technical and security safeguards to ensure any Medi-Cal participation data is protected, consistent with applicable state and federal laws. To the extent permitted by state and federal law, the department and the State Department of Health Care Services may review the data only for the purposes of improving the effectiveness of the data matches made pursuant to this section and Section 49561. (e) (1) The participation data described in subdivision (a) is exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The participation data described in subdivision (a) shall be used only for the purposes of direct certification pursuant to this section, shall not be open to the public for inspection, and shall not be disclosed to any other party without the written consent of the parent or legal guardian of the pupil, except for the purpose of directly certifying pupils for free and reduced-price meals pursuant to this section or as otherwise required or authorized by law or state or federal court order. (2) This subdivision does not prohibit the disclosure of aggregate data that does not reveal personally identifying information about a pupil or a pupil’s family. (f) The department specifically shall ensure that the process, and use and sharing of participation data from the Medi-Cal program, conforms to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5) and its implementing regulations, and 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), by using strategies employed by other states’ Medicaid verification projects or by developing a new strategy that ensures conformity. If applicable, Medi-Cal participation data shall also be subject to Section 49602 and its implementing regulations. (g) The department shall seek all necessary approvals to establish this process and shall apply for available federal funds to support the work of this process. (h) This section shall become operative upon the receipt of federal funds to assist the state in implementing the provisions of this section. (Amended by Stats. 2021, Ch. 615, Sec. 72. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615. Section conditionally operative as provided in its own provisions.)
  177. 49563.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    This section defines Buy American terms and requires the department to support and monitor compliance, post related resources online, and distribute USDA guidance to school food authorities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49563. (a) For purposes of this section, the following terms have the following meanings: (1) “Buy American provision” means the provision requiring a school food authority to purchase, to the maximum extent practicable, domestic commodities or products, as specified in subdivision (n) of Section 1760 of Title 42 of the United States Code. (2) “Domestic” means an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States. (3) “Substantial” means over 51 percent of the final processed product consists of agricultural commodities grown domestically. (4) “School food authority” has the same meaning as defined in Section 210.2 of Title 7 of the Code of Federal Regulations. (b) In order to monitor school food authorities’ compliance with the Buy American provision, the department shall fulfill its obligations in accordance with the federal regulations. (c) The department shall make requirements, resources, and best practices for the Buy American provision available on its Internet Web site. (d) The department shall distribute to school food authorities guidance or regulations from the United States Department of Agriculture for the Buy American provision, as updates are issued. (e) The requirements of this section shall be operative only if mandated by federal law. (Added by Stats. 2017, Ch. 571, Sec. 2. (SB 730) Effective January 1, 2018.)
  178. 49564.3.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    Covered school districts, county superintendents, and certain charter schools must provide free breakfast and lunch at high-poverty schools, apply for universal meal service in some cases, and start universal meal service after state approval.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49564.3. (a) For purposes of this section, a “high-poverty school” is a school that enrolls pupils in kindergarten or in any of grades 1 to 12, inclusive, and is eligible to operate under the Community Eligibility Provision, pursuant to Section 1759a of Title 42 of the United States Code. (b) (1) In order to provide pupils in high-poverty schools with optimal nutrition for learning and to ensure that schools receive the maximum federal meal reimbursement, a school district or a county superintendent of schools shall provide breakfast and lunch free of charge to all pupils at a high-poverty school pursuant to this section. (2) (A) On or before June 30, 2022, a school district or county superintendent of schools that has a high-poverty school with an identified student percentage of 40 percent or more in its jurisdiction shall apply to operate a federal universal meal service provision, which may include, but is not limited to, the Community Eligibility Provision or Provision 2, pursuant to Section 1759a of Title 42 of the United States Code. (B) Nothing in this paragraph shall prohibit a school district or a county superintendent of schools from participating in a federal universal meal service provision if a high-poverty school in its jurisdiction has an identified student percentage of less than 40 percent. (3) A school district or county superintendent of schools shall begin providing a universal meal service pursuant to Section 1759a of Title 42 of the United States Code to all pupils at a high-poverty school upon state approval to operate a universal meal service. (c) The department shall provide technical assistance to school districts and county superintendents of schools for the purpose of maximizing the number of schools within each local educational agency to be eligible for the Community Eligibility Provision, pursuant to Section 1759a of Title 42 of the United States Code. (d) For purposes of this section, a charter school shall be considered a high-poverty school only if it participates in the federal National School Lunch Program or the federal School Breakfast Program, or both, and meets the description in subdivision (a). A charter school that is a high-poverty school shall comply with the requirements specified in subdivision (b). (Amended by Stats. 2024, Ch. 38, Sec. 59. (SB 153) Effective June 29, 2024.)
  179. 49564.5.

    ## 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. )

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    A school district or county superintendent of schools may determine a pupil’s eligibility for free and reduced-price school meals using certain data, including direct certification matches and alternative measures of poverty.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] ( Article 11 enacted by Stats. 1976, Ch. 1010. ) ## 49564.5. In order to ensure optimal access to nutrition, facilitate the use of the federal Community Eligibility Provision (42 U.S.C. Sec. 1759a), and further reduce the burden of collecting annual unduplicated pupil income data through free and reduced-price school meal applications, a school district or county superintendent of schools may determine a pupil’s eligibility for free and reduced-price school meals based on data including the direct certification match and alternative measures of poverty pursuant to Section 42238.01 for purposes of the local control funding formula, paragraph (5) of subdivision (a) of Section 6313 of Title 20 of the United States Code, and Section 54.505 of Title 47 of the Code of Federal Regulations. (Added by Stats. 2017, Ch. 724, Sec. 4. (SB 138) Effective January 1, 2018.)
  180. 49570.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. National School Lunch Act [49570 - 49571] ( Article 12 added by Stats. 1980, Ch. 930, Sec. 1. )

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    Covered school lunch program participants may offer whole milk alongside other milk when federal law 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. National School Lunch Act [49570 - 49571] ( Article 12 added by Stats. 1980, Ch. 930, Sec. 1. ) ## 49570. Each school district, county superintendent of schools, and other public or private entity that participates in programs under the National School Lunch Act, as amended, and as prescribed by Chapter 13 (commencing with Section 1751) of Title 42 of the United States Code, may, if consistent with federal law, offer whole milk, in addition to other kinds of milk, if federal regulations require a lunch eligible for federal cash reimbursement under the act to contain unflavored, fluid lowfat milk, skim milk, or buttermilk. (Added by Stats. 1980, Ch. 930, Sec. 1.)
  181. 49571.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. National School Lunch Act [49570 - 49571] ( Article 12 added by Stats. 1980, Ch. 930, Sec. 1. )

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    The department must provide a matching grant of up to $100,000 to qualifying school food authorities, and those authorities may use the grant for up to five schoolsites or combine it for one purpose.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. National School Lunch Act [49570 - 49571] ( Article 12 added by Stats. 1980, Ch. 930, Sec. 1. ) ## 49571. (a) The Legislature finds and declares that the state strives to serve National School Lunch Program meals of the highest quality and greatest nutritional value possible. (b) Upon appropriation by the Legislature, and contingent upon allocations provided by the federal Consolidated Appropriations Act, the department shall provide a state matching grant of up to one hundred thousand dollars ($100,000) to a school food authority participating in the federal National School Lunch Program that applies for and is awarded a federal Equipment Assistance Grant for School Food Authorities from the department in its administration of the federal National School Lunch Program. The state appropriation shall be for a minimum of two years and shall align with the United States Department of Agriculture National School Lunch Program Equipment Grant for School Food Authorities terms and conditions, period of performance, criteria, timelines, and procurement and funding expenditure requirements. (c) A school food authority may use the federal and state grants for up to five individual schoolsites or may combine the federal and state grants for one purpose, such as creating a centralized industrial kitchen. The state matching assistance grant shall be competitively awarded and shall align with the federal equipment assistance grant requirements pursuant to subdivision (b). Unspent state matching grant funds shall be retained by the department for one or more additional equipment grants, subject to the same requirements. (Amended by Stats. 2019, Ch. 497, Sec. 71. (AB 991) Effective January 1, 2020.)
  182. 49580.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 13. Food Recovery Program [49580 - 49581] ( Article 13 added by Stats. 2017, Ch. 285, Sec. 1. )

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    This section defines “food,” “food bank,” and “nonprofit charitable organization” for this article by cross-referencing Health and Safety Code 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 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 13. Food Recovery Program [49580 - 49581] ( Article 13 added by Stats. 2017, Ch. 285, Sec. 1. ) ## 49580. For purposes of this article, the following terms have the following meanings: (a) “Food” has the same meaning as in Section 113781 of the Health and Safety Code. (b) “Food bank” has the same meaning as in Section 113783 of the Health and Safety Code. (c) “Nonprofit charitable organization” has the same meaning as in Section 113841 of the Health and Safety Code. (Added by Stats. 2017, Ch. 285, Sec. 1. (SB 557) Effective January 1, 2018.)
  183. 49581.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 13. Food Recovery Program [49580 - 49581] ( Article 13 added by Stats. 2017, Ch. 285, Sec. 1. )

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    The department must update its food-donation guidance to let public school cafeterias donate leftover food or make it available to pupils in certain ways.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 13. Food Recovery Program [49580 - 49581] ( Article 13 added by Stats. 2017, Ch. 285, Sec. 1. ) ## 49581. The department shall update its guidance on the donation of leftover food to allow a public school cafeteria to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge or to make leftover food available to pupils during the course of a regular school meal time that is consistent with Section 114079 of the Health and Safety Code. (Added by Stats. 2017, Ch. 285, Sec. 1. (SB 557) Effective January 1, 2018.)
  184. 49590.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. School Nutrition Report [49590- 49590.] ( Article 14 added by Stats. 1997, Ch. 174, Sec. 1. )

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    The department must monitor participating school lunch and breakfast programs to make sure meals meet nutrition standards for reimbursement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. School Nutrition Report [49590- 49590.] ( Article 14 added by Stats. 1997, Ch. 174, Sec. 1. ) ## 49590. The Legislature finds and declares that the State of California strives to serve food of the highest quality and greatest nutritional value possible. The department shall monitor schools participating in the federal National School Lunch Program or federal School Breakfast Program to ensure that the nutrition levels of meals served to schoolage children qualify those meals for reimbursement under the federal child nutrition program regulations as nutritionally adequate breakfasts and nutritionally adequate lunches, as defined in subdivision (b) of Section 49531. (Amended by Stats. 2018, Ch. 593, Sec. 7. (AB 3043) Effective January 1, 2019.)
  185. 49600.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Educational Counseling [49600 - 49604] ( Chapter 10 added by Stats. 1987, Ch. 1452, Sec. 426. )

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    A school district board may provide access to a comprehensive educational counseling program for all enrolled 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 10. Educational Counseling [49600 - 49604] ( Chapter 10 added by Stats. 1987, Ch. 1452, Sec. 426. ) ## 49600. (a) The governing board of a school district may, and is urged to, provide access to a comprehensive educational counseling program for all pupils enrolled in the school district. It is the intent of the Legislature that a school district that provides educational counseling to its pupils implement a structured and coherent counseling program within a Multi-Tiered Systems of Support framework. (b) For purposes of this section, “educational counseling” means specialized services provided by a school counselor possessing a valid credential with a specialization in pupil personnel services who directly counsels pupils and implements equitable school programs and services that support pupils in their academic development, social emotional development, and college and career readiness. (c) It is the intent of the Legislature that school counselors do all of the following: (1) Engage with, advocate for, and provide both of the following services for all pupils: (A) Direct services, including, but not limited to, individual counseling, group counseling, risk assessment, crisis response, and instructional services, including, but not limited to, mental health, behavioral, academic, and postsecondary educational services. (B) Indirect services, including, but not limited to, positive school climate strategies, teacher and parent consultations, and referrals to public and private community services. (2) Plan, implement, and evaluate comprehensive school counseling programs. (3) Work within multi-tiered systems of support that use multiple data sources to monitor and improve pupil behavior, attendance, engagement, and achievement. (4) Develop, coordinate, and supervise comprehensive pupil support systems in collaboration with teachers, administrators, other pupil personnel services professionals, families, community partners, and community agencies, including county mental health agencies. (5) Promote and maintain a safe learning environment for all pupils by providing restorative practices, positive behavior interventions, and support services, and by developing and responding with a variety of intervention strategies to meet individual, group, and school community needs before, during, and after crisis response. (6) Intervene to ameliorate school-related problems, including problems related to chronic absences and retention. (7) Use research-based strategies to promote mental wellness, reduce mental health stigma, and identify characteristics, risk factors, and warning signs of pupils who develop, or are at risk of developing, mental health and behavioral disorders and who experience, or are at risk of experiencing, mistreatment, including mistreatment related to any form of conflict or bullying. (8) Improve school climate and pupil well-being by, including, but not limited to, addressing the mental and behavioral health needs of pupils during their times of transition, separation, heightened stress, and critical changes, and accessing community programs and services to meet those needs. (9) Enhance pupils’ social and emotional competence, character, health, civic engagement, cultural literacy, and commitment to lifelong learning and the pursuit of high-quality educational programs. (10) Provide counseling services for unduplicated pupils who are classified as English learners, eligible for free or reduced-price meals, or foster youth in a manner that promotes equity and access to appropriate education systems and public and private services. (11) Engage in continued development as a professional school counselor. (d) Educational counseling shall include academic counseling and postsecondary services, in the following areas: (1) Development and implementation, with parental involvement, of the pupil’s immediate and long-range educational plans. (2) Optimizing progress towards achievement of proficiency standards and competencies. (3) Completion of the required curriculum in accordance with the pupil’s needs, abilities, interests, and aptitudes. (4) Academic planning for access and success in higher education programs, including advisement on courses needed for admission to colleges and universities, standardized admissions tests, and financial aid. (5) Provide high-quality career programs at all grade levels for pupils, in which pupils are assisted in doing all of the following: (A) Planning for the future, including, but not limited to, identifying personal interests, skills, and abilities, career planning, course selection, and career transition. (B) Becoming aware of personal preferences and interests that influence educational and occupational exploration, career choice, and career success. (C) Developing work self-efficacy for the ever-changing work environment, the changing needs of the workforce, and the effects of work on the quality of life. (D) Understanding the relationship between academic achievement and career success, and the importance of maximizing career options. (E) Understanding the value of participating in career technical education pathways, programs, and certifications, including, but not limited to, those related to regional occupational programs and centers, the federal program administered by the United States Department of Labor offering free education and vocational training to pupils, known as “Job Corps,” the California Conservation Corps, work-based learning, industry certifications, college preparation and credit, and employment opportunities. (F) Understanding the need to develop essential employable skills and work habits. (G) Understanding entrance requirements to the Armed Forces of the United States, including the benefits of the Armed Services Vocational Aptitude Battery (ASVAB) test. (e) Educational counseling may also include counseling in any of the following: (1) Individualized review of the academic and deportment records of a pupil. (2) Advising pupils, in consultation with their parents and legal guardians when at all possible, who are at risk of not promoting or graduating with the rest of their class. (3) Developing a list of coursework and experience necessary to assist each pupil in middle school to successfully transition to high school and meet all graduation requirements. (4) In schools that enroll pupils in grades 6 to 12, inclusive, developing a list of coursework and experience necessary to assist and counsel each pupil to begin to satisfy the A–G requirements for admission to the University of California and the California State University and encourage participation in college preparation programs, including, but not limited to, the Advancement Via Individual Determination (AVID) program, and early college, dual enrollment, advanced placement, and international baccalaureate programs. (5) Developing pupil knowledge of financial aid planning for postsecondary education by providing pupils with financial aid information, including, but not limited to, information on the Free Application for Federal Student Aid (FAFSA), the California Dream Act application (CADAA), the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3, local and national scholarship programs, financial aid programs and resources for foster and homeless youth, fee waiver programs, and other financial aid programs and options, and net college cost. (6) Providing a copy of the lists developed pursuant to paragraph (4) to a pupil and the pupil’s parent or legal guardian, ensuring that the list of coursework and experience is part of the pupil’s cumulative record. (7) Developing a list of coursework and experience for a pupil enrolled in grade 12, including options for continuing the pupil’s education if the pupil fails to meet graduation requirements. These options shall include, but are not limited to, all of the following: (A) Enrolling in an adult education program. (B) Enrolling in a community college. (C) Continuing enrollment in the pupil’s current school district. (8) Providing a copy of the list of coursework and experiences developed pursuant to paragraph (7) to the pupil and the pupil’s parent or legal guardian, ensuring that the list of coursework and experience is part of the cumulative records of a pupil. (9) Offering and scheduling an individual conference with each pupil in grades 10 and 12 who has not satisfied, or is not on track to satisfy, the curricular requirements for admission to the University of California and the California State University and to successfully transition to postsecondary education or employment, and providing the following information to the pupil and the pupil’s parent or legal guardian: (A) The score of the pupil on the English language arts or mathematics portion of the California Assessment of Student Performance and Progress, established pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33, administered in grade 6, as applicable. (B) The availability of financial aid for postsecondary education. (10) Providing mental and behavioral health services to which pupils receive prevention, early intervention, and short-term counseling services and receive classroom instruction in mental health to reduce stigma and increase awareness of counseling support services. (11) Providing training to school staff to recognize mental health warning signs. (f) This section does not prohibit persons participating in an organized advisory program approved by the governing board of a school district, and supervised by a school district counselor, from advising pupils pursuant to the organized advisory program. (Amended by Stats. 2022, Ch. 153, Sec. 1. (AB 2508) Effective January 1, 2023.)
  186. 49601.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Educational Counseling [49600 - 49604] ( Chapter 10 added by Stats. 1987, Ch. 1452, Sec. 426. )

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    The State Department of Education must develop a science and technology career guidance model and make it available to school district governing boards.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Educational Counseling [49600 - 49604] ( Chapter 10 added by Stats. 1987, Ch. 1452, Sec. 426. ) ## 49601. (a) The State Department of Education shall, no later than December 31, 1986, develop a career guidance model for science and technology for use in school district counseling programs, and shall make the model available to the governing boards of all school districts in this state. (b) The model shall be designed to provide information for use in career guidance offered to pupils in grades 7 through 12, regarding the potential for employment, educational requirements, and other matters pertaining to careers in the fields of science and technology. The purposes of the model shall be to objectively acquaint pupils with the option of pursuing careers in those fields, and to advise them in a timely manner of the preparation necessary to undertaking those careers. (c) In developing the model, the State Department of Education shall employ materials and other resources that are available from public and private organizations, to the extent appropriate for the purposes of this section. (Added by Stats. 1987, Ch. 1452, Sec. 426.)
  187. 49602.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Educational Counseling [49600 - 49604] ( Chapter 10 added by Stats. 1987, Ch. 1452, Sec. 426. )

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    School counselor counseling information for a pupil age 12 or older is confidential and generally cannot be disclosed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Educational Counseling [49600 - 49604] ( Chapter 10 added by Stats. 1987, Ch. 1452, Sec. 426. ) ## 49602. Any information of a personal nature disclosed by a pupil 12 years of age or older in the process of receiving counseling from a school counselor as specified in Section 49600 is confidential. Any information of a personal nature disclosed to a school counselor by a parent or guardian of a pupil who is 12 years of age or older and who is in the process of receiving counseling from a school counselor as specified in Section 49600 is confidential. The information shall not become part of the pupil record, as defined in subdivision (b) of Section 49061, without the written consent of the person who disclosed the confidential information. The information shall not be revealed, released, discussed, or referred to, except as follows: (a) Discussion with psychotherapists as defined by Section 1010 of the Evidence Code, other health care providers, or the school nurse, for the sole purpose of referring the pupil for treatment. (b) Reporting of child abuse or neglect as required by Article 2.5 (commencing with Section 11165) of Chapter 2 of Title 1 of Part 4 of the Penal Code. (c) Reporting information to the principal or parents of the pupil when the school counselor has reasonable cause to believe that disclosure is necessary to avert a clear and present danger to the health, safety, or welfare of the pupil or the following other persons living in the school community: administrators, teachers, school staff, parents, pupils, and other school community members. (d) Reporting information to the principal, other persons inside the school, as necessary, the parents of the pupil, and other persons outside the school when the pupil indicates that a crime, involving the likelihood of personal injury or significant or substantial property losses, will be or has been committed. (e) Reporting information to one or more persons specified in a written waiver after this written waiver of confidence is read and signed by the pupil and preserved in the pupil’s file. Notwithstanding the provisions of this section, a school counselor shall not disclose information deemed to be confidential pursuant to this section to the parents of the pupil when the school counselor has reasonable cause to believe that the disclosure would result in a clear and present danger to the health, safety, or welfare of the pupil. Notwithstanding the provisions of this section, a school counselor shall disclose information deemed to be confidential pursuant to this section to law enforcement agencies when ordered to do so by order of a court of law, to aid in the investigation of a crime, or when ordered to testify in any administrative or judicial proceeding. Nothing in this section shall be deemed to limit access to pupil records as provided in Section 49076. Nothing in this section shall be deemed to limit the counselor from conferring with other school staff, as appropriate, regarding modification of the pupil’s academic program. It is the intent of the Legislature that counselors use the privilege of confidentiality under this section to assist the pupil whenever possible to communicate more effectively with parents, school staff, and others. No person required by this section to keep information discussed during counseling confidential shall incur any civil or criminal liability as a result of keeping that information confidential. As used in this section, “information of a personal nature” does not include routine objective information related to academic and career counseling. (Added by Stats. 1987, Ch. 1452, Sec. 426.)
  188. 49603.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Educational Counseling [49600 - 49604] ( Chapter 10 added by Stats. 1987, Ch. 1452, Sec. 426. )

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    Schools covered by this section may not block access to military services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Educational Counseling [49600 - 49604] ( Chapter 10 added by Stats. 1987, Ch. 1452, Sec. 426. ) ## 49603. (a) Each school district, county office of education, and charter school offering instruction in any of grades 9 to 12, inclusive, that provides on-campus access to employers, shall not prohibit access to the military services. (b) “Military services,” for purposes of this section, includes the United States Army, the United States Navy, the United States Air Force, the United States Marine Corps, the United States Coast Guard, the United States Space Force, or any reserve component of those federal forces, the National Guard, the State Guard, and the active militia. (Amended by Stats. 2023, Ch. 142, Sec. 1. (AB 1605) Effective January 1, 2024.)
  189. 49604.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Educational Counseling [49600 - 49604] ( Chapter 10 added by Stats. 1987, Ch. 1452, Sec. 426. )

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    The Superintendent of Public Instruction must send a notice to middle, junior high, and high schools about suicide prevention training.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 27. PUPILS [48000 - 49703] ( Part 27 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Educational Counseling [49600 - 49604] ( Chapter 10 added by Stats. 1987, Ch. 1452, Sec. 426. ) ## 49604. The Superintendent of Public Instruction shall send a notice to each middle school, junior high school, and high school that encourages each school to provide suicide prevention training to each school counselor at least one time while employed as a counselor, provides information on the availability of the suicide prevention training curriculum developed by the State Department of Education, and informs schools about the suicide prevention training provided by the department and describes how a school might retain those services. (Added by Stats. 1992, Ch. 545, Sec. 1. Effective January 1, 1993.)
  190. 5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1 Construction of Provisions [1. - 11] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Section headings in the Education Code do not change the meaning, scope, or intent of the code’s provisions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1 Construction of Provisions [1. - 11] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 5. Title, division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1976, Ch. 1010.)
  191. 50.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. General Provisions, Public Schools [50 - 54] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    Public schools not supported exclusively by the state are day and evening elementary or secondary schools.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. General Provisions, Public Schools [50 - 54] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 50. The public schools other than those supported exclusively by the state, are day and evening elementary, and day and evening secondary schools. (Enacted by Stats. 1976, Ch. 1010.)
  192. 5000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    After the initial board election, school district and community college district board member elections are held every two years in November on the specified Tuesday.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 5000. After the initial election of governing board members in any school district or community college district, a governing board member election shall be held biennially on the first Tuesday after the first Monday in November of each succeeding odd-numbered year to fill the offices of members whose terms expire on the first Friday in December next succeeding the election. Except as provided in this chapter, or in Chapter 2 (commencing with Section 5200) , the elections shall be held and conducted in accordance with Chapter 3 (commencing with Section 5300). (Amended by Stats. 1996, Ch. 1143, Sec. 1. Effective September 30, 1996.)
  193. 5009.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district or community college district board with trustee areas and multiple members from a trustee area may use a resolution to stagger board terms.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 5009. The governing board of any school district or community college district having trustee areas and which elects more than one member from any of such trustee areas may, by resolution, provide for the staggering of terms of members elected from any of such multiple-member trustee areas. The resolution shall provide that at the initial election after adoption of the resolution, one or more members elected from a trustee area will be elected for two-year terms and that one or more members elected from such trustee area will be elected for four-year terms, and that thereafter all members elected from such trustee area will be elected for four-year terms. Immediately after the initial election, the newly elected members from such trustee area shall draw lots to determine which of the members shall serve a two-year term and which of the members shall serve a four-year term. (Enacted by Stats. 1976, Ch. 1010.)
  194. 5013.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The form of ballot for governing board member elections is governed by a chapter of the Elections Code.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 5013. The form of ballot for governing board member elections shall be governed by Chapter 2 (commencing with Section 13100) of Division 13 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 9. Effective January 1, 1995.)
  195. 5014.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Elections for school district and community college district governing board members must follow the uniform procedures in Chapter 3, starting at Section 5300.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 5014. Any election held for the purpose of electing governing board members of any school district, or community college district, including additional governing board members as provided by Section 5018 shall be held and conducted in accordance with the uniform procedures set forth in Chapter 3 (commencing with Section 5300) of this part. (Enacted by Stats. 1976, Ch. 1010.)
  196. 5015.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If the board uses numbered seats under Section 5015.5, that system stays in place until the board ends it by a two-thirds resolution and returns to Section 5015 procedures.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 5015.7. If the governing board of Santa Clarita Community College adopts election procedures with number assignments to each board seat pursuant to Section 5015.5, this system shall remain in effect until the governing board, by a resolution adopted by a two-thirds vote of the board, discontinues numbered seats and returns to procedures under Section 5015. (Added by Stats. 1983, Ch. 271, Sec. 1.)
  197. 5016.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    If a school board election ends in a tie, the county superintendent certifies the result, and the governing board must choose between a runoff election or deciding the winner by lot.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 5016. (a) If a tie vote makes it impossible to determine either which of two or more candidates has been elected to the governing board or the term of office of a governing board member, the county superintendent of schools having jurisdiction shall so certify to the governing board. (b) The governing board may either call a runoff election or determine the winner or winners by lot. Prior to conducting any school board election on or after March 1, 1977, the governing board of each school district shall establish which of such procedures is to be employed by the district in the event of a tie vote. (c) If the governing board decides to determine the winner by lot, the governing board shall forthwith notify the candidates who have received the tie votes to appear before it either personally or by a representative at a time and place designated by the governing board. The governing board shall at that time and place determine the winner or winners by lot. (d) If the governing board decides to call a runoff election, it shall call a runoff election to be held in the district on the sixth Tuesday following the election at which the tie vote occurred. Only the candidates receiving the tie votes shall appear on the ballots. Any member of the governing board who will be succeeded by a winner of the runoff election and whose term would expire before the winner of the runoff election would be determined shall continue to discharge the duties of his office until his successor has qualified. The runoff election shall be called and conducted substantially in the manner provided in Chapter 3 (commencing with Section 5300) of this part, provided, that the governing board shall determine the adjustments of the time requirements prescribed therein which would be necessary in order to conduct the runoff election. (Amended by Stats. 1977, Ch. 1205.)
  198. 5017.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    School board members elected in a regular biennial election serve four-year terms starting on the second Friday in December after the election. Outgoing members whose terms have ended must keep performing office duties until their successors qualify.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 5017. Each person elected at a regular biennial governing board member election shall hold office for a term of four years commencing on the second Friday in December next succeeding his or her election. Any member of the governing board of a school district or community college district whose term has expired shall continue to discharge the duties of the office until his or her successor has qualified. The term of the successor shall begin upon the expiration of the term of his or her predecessor. (Amended by Stats. 2018, Ch. 146, Sec. 3. (AB 2449) Effective January 1, 2019.)
  199. 5018.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section lets certain elementary school districts with three-member governing boards increase the board to five members, and requires districts with average daily attendance of 300 or more to choose one of the listed procedures.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 5018. Any elementary school district having a governing board of three members may, and any elementary school district having a governing board of three members whose average daily attendance during the preceding fiscal year was 300 or more shall do either of the following: (a) By its own action determine that the number of members of the governing board shall be increased to five, in which case two additional members shall be elected at an upcoming established election date, as specified in Section 1000 of the Elections Code, determined by the board. (b) Request the county superintendent of schools having jurisdiction to submit the question of whether the number of members of the governing board shall be increased to five to the voters of the elementary school district at an upcoming established election date, as specified in Section 1000 of the Elections Code, determined by the county superintendent of schools. At the same election, two additional members shall be elected to take office if the number of governing board members is increased. Candidates for the two additional offices shall state in the declarations of candidacy filed for the election that the candidates are candidates for the two additional offices separately from the other offices to be filled in the election and shall clearly indicate to the voters that they may vote for two of the candidates to take office if the voters approve the proposed increase in the number of board members. If the voters at the election do not approve the increase in membership of the governing board, the same question may be submitted to the voters at subsequent governing board member elections. Requests to the county superintendent to submit the question to the voters of a district shall be filed with him or her by the governing board of the district no later than 100 days prior to the election. If, pursuant to either subdivision (a) or subdivision (b), two additional governing board members are authorized and elected, the one receiving the higher number of votes shall hold office for a term commencing the first day of the month following the election until the first Friday in December in the second succeeding year following the election in which a regular governing board election is held, and the other one shall hold office for a term commencing the first day of the month following the election until the first Friday in December in the first succeeding year following the election in which a regular governing board election is held. Thereafter the governing board shall be composed of five members elected in the same manner and for the same term as governing boards having five members. (Amended by Stats. 2006, Ch. 588, Sec. 2. Effective January 1, 2007.)
  200. 5019.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The county committee on school district organization may change trustee areas and governing board size in school districts and community college districts, but it must hold a hearing, follow petition procedures, and cannot rearrange trustee areas in districts with certain redistricting arrangements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Election of School District Board Members [5000 - 5095] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Elections [5000 - 5033] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 5019. (a) (1) In any school district or community college district, the county committee on school district organization may establish trustee areas, rearrange the boundaries of trustee areas, abolish trustee areas, and increase to seven from five, or decrease from seven to five, the number of members of the governing board, or adopt one of the alternative methods of electing governing board members specified in Section 5030. (2) For any school district whose average daily attendance during the preceding year was less than 300, the county committee on school district organization may decrease from five to three the number of members of the governing board, or adopt one of the alternative methods of electing governing board members specified in Section 5030. (3) Notwithstanding paragraph (1), the county committee on school district organization shall not rearrange trustee area boundaries in a school district or community college district that has established a hybrid or independent redistricting commission for this purpose pursuant to Section 23003 of the Elections Code, the charter of a city or city and county, or a legal settlement. (b) The county committee on school district organization may establish or abolish a common governing board for a high school district and an elementary school district within the boundaries of the high school district. The resolution of the county committee on school district organization approving the establishment or abolition of a common governing board shall be presented to the electors of the school districts as specified in Section 5020. (c) (1) A proposal to make the changes described in subdivision (a) or (b) may be initiated by the county committee on school district organization or made to the county committee on school district organization either by a petition signed by 5 percent or 50, whichever is less, of the qualified registered voters residing in a district in which there are 2,500 or fewer qualified registered voters, by 3 percent or 100, whichever is less, of the qualified registered voters residing in a district in which there are 2,501 to 10,000 qualified registered voters, by 1 percent or 250, whichever is less, of the qualified registered voters residing in a district in which there are 10,001 to 50,000 qualified registered voters, by 500 or more of the qualified registered voters residing in a district in which there are 50,001 to 100,000 qualified registered voters, by 750 or more of the qualified registered voters residing in a district in which there are 100,001 to 250,000 qualified registered voters, or by 1,000 or more of the qualified registered voters residing in a district in which there are 250,001 or more qualified registered voters or by resolution of the governing board of the district. For this purpose, the necessary signatures for a petition shall be obtained within a period of 180 days before the submission of the petition to the county committee on school district organization, and the number of qualified registered voters in the district shall be determined pursuant to the most recent report submitted by the county elections official to the Secretary of State under Section 2187 of the Elections Code. (2) When a proposal is made pursuant to paragraph (1), the county committee on school district organization shall call and conduct at least one hearing in the district on the matter. At the conclusion of the hearing, the county committee on school district organization shall approve or disapprove the proposal. (d) If the county committee on school district organization approves pursuant to subdivision (a) the rearrangement of the boundaries of trustee areas for a particular district, then the rearrangement of the trustee areas shall be effectuated for the next district election occurring at least 125 days after its approval, unless at least 5 percent of the registered voters of the district sign a petition requesting an election on the proposed rearrangement of trustee area boundaries. The petition for an election shall be submitted to the county elections official within 60 days of the proposal’s adoption by the county committee on school district organization. If the qualified registered voters approve pursuant to subdivision (b) or (c) the rearrangement of the boundaries to the trustee areas for a particular district, the rearrangement of the trustee areas shall be effective for the next district election occurring at least 125 days after its approval by the voters. (e) Trustee areas shall comply with the requirements and criteria of Section 21130 of the Elections Code. (Amended by Stats. 2023, Ch. 343, Sec. 6. (AB 764) Effective January 1, 2024.)

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