Education Code — Part 36 | EDC — United States — California law | Esheria

Education Code

Part 36 of 57 · provisions 7,001–7,200

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

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Provisions of Education Code

Showing 200 of 11,236

  1. 53101.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 1. General Provisions [53100 - 53103] ( Article 1 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. )

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    The Governor, the Superintendent, and the state board must jointly develop one or more Race to the Top application plans.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 1. General Provisions [53100 - 53103] ( Article 1 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## 53101. (a) The Governor, the Superintendent, and the state board shall jointly develop a single high-quality plan or multiple plans, in collaboration with participating local educational agencies, as necessary, to submit as part of an application for federal Race to the Top funds, authorized under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). (b) The plan shall include a budget or expenditure plan consistent with the requirements of the Race to the Top program and application. At a minimum, the plan shall address how the Race to the Top program funds and any other applicable federal funds shall be used to provide resources to the low-achieving and persistently lowest-achieving schools as defined in this chapter. These resources may include, but are not necessarily limited to, professional development, technical assistance, and partnering with schools that have successfully transitioned from low- to higher-performing status. (c) It is the intent of the Legislature that funding for local educational agencies be the highest priority in the allocation of Race to the Top program funds. (Amended by Stats. 2012, Ch. 728, Sec. 35. (SB 71) Effective January 1, 2013.)
  2. 53102.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 1. General Provisions [53100 - 53103] ( Article 1 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. )

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    The Superintendent must arrange an independent evaluation, convene a multi-agency working group, and deliver interim and final reports to named government recipients. The department must use federal Race to the Top funds for that evaluation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 1. General Provisions [53100 - 53103] ( Article 1 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## 53102. (a) On or before January 1, 2011, the Superintendent shall contract for an independent evaluation of the implementation and impact of the state plan submitted in application for a federal Race to the Top Fund competitive grant award. (b) On or before September 1, 2010, the Superintendent shall convene a working group consisting of staff representing the policy and fiscal committees of both houses of the Legislature, the Legislative Analyst’s Office, the Department of Finance, the Governor, the state board, and the department to do all of the following: (1) Jointly develop the parameters of the evaluation. (2) Make recommendations regarding development of any request for proposals or request for applications used to solicit contract proposals, and regarding the selection of the independent evaluator. (c) The Superintendent shall provide to the Legislature, the Governor, and the state board: (1) An interim evaluation report on or before June 1, 2012. (2) The final evaluation report on or before June 1, 2014. (d) The department shall use federal funds made available from the Race to the Top Fund and detailed in the expenditure plan required pursuant to subdivision (c) of Section 53101 for the purpose of contracting for this evaluation. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. (SB 1 5x) Effective April 12, 2010.)
  3. 53103.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 1. General Provisions [53100 - 53103] ( Article 1 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. )

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    This section says the act is declaratory of the federal Race to the Top guidelines and definitions, and that the state plan should be revised if those federal guidelines change.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 1. General Provisions [53100 - 53103] ( Article 1 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## 53103. The Legislature finds and declares that this act is declaratory of the requirements and definitions specified in the federal guidelines for the federal Race to the Top Fund. It is the intent of the Legislature that, to the extent that the federal guidelines are revised, the state plan or plans also be revised accordingly. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. (SB 1 5x) Effective April 12, 2010.)
  4. 5320.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    This section defines when an action counts as an “order of election.”

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 5320. The act authorized by this code of any officer, board, county committee, group of electors, or any other persons or agencies which commences an election proceeding, and any mandatory provision of this code requiring that an election be held, is an “order of election.” (Enacted by Stats. 1976, Ch. 1010.)
  5. 53200.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 2. Intervening in the Persistently Lowest-Achieving Schools [53200 - 53202] ( Article 2 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. )

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    This section defines “low-achieving school” and “persistently lowest-achieving school” 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 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 2. Intervening in the Persistently Lowest-Achieving Schools [53200 - 53202] ( Article 2 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## 53200. For purposes of this article, the following definitions apply: (a) “Low-achieving school” means a school described in subdivision (a) of Section 53201. (b) “Persistently lowest-achieving school” means a school identified pursuant to subdivisions (a) to (f), inclusive, of Section 53201. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. (SB 1 5x) Effective April 12, 2010.)
  6. 53201.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 2. Intervening in the Persistently Lowest-Achieving Schools [53200 - 53202] ( Article 2 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. )

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    The Superintendent and the state board must create and maintain a list of schools using specific identification rules, and they must notify legislative committees before implementing one of the methodology 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 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 2. Intervening in the Persistently Lowest-Achieving Schools [53200 - 53202] ( Article 2 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## 53201. The Superintendent and the state board shall establish a list of schools according to the following: (a) Identify any Title 1 school in improvement, corrective action, or restructuring. (b) Identify the lowest 5 percent of the schools in subdivision (a) as measured by the academic achievement of all pupils in a school in terms of proficiency on the state’s assessment under Section 1111(b)(3) of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) in reading/language arts and mathematics, combined pursuant to subdivision (h). (c) Identify any secondary school that is eligible for, but that does not receive, Title I funds and is in the lowest 5 percent of secondary schools as measured by the academic achievement of all pupils in a school in terms of proficiency on the state’s assessment under Section 1111(b)(3) of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) in reading/language arts and mathematics, combined pursuant to subdivision (h). (d) Add to the schools identified pursuant to subdivisions (a) to (c), inclusive, any high school that has had a graduation rate, as defined in Section 200.19(b) of Title 34 of the Code of Federal regulations, that is less than 60 percent in each of the previous three years. (e) To the extent allowable under federal law, exclude from the schools identified pursuant to subdivisions (a) to (d), inclusive, a school that meets any of the following, except as provided in subdivision (f): (1) The school is a county community school operated pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2 of Division 1 of Title 1. (2) The school is a juvenile court school operated pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27. (3) The school provides educational services exclusively to individuals with exceptional needs as defined in Section 56026. (4) The school has experienced academic growth of at least 50 points over the previous five years as measured by the Academic Performance Index, using the most recent data available. (f) Notwithstanding subdivision (e), a school that meets any of the criteria in subdivision (e) shall not be excluded from the schools identified pursuant to subdivisions (a) to (d), inclusive, if both the Superintendent and the state board find cause not to exclude the school. (g) To the extent allowable under federal law, a community day school, operated pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, may be excluded from the schools identified pursuant to subdivisions (a) to (d), inclusive, if both the Superintendent and the state board find cause to exclude the school. (h) For the purposes of identifying the lowest 5 percent of the schools pursuant to subdivisions (b) and (c), the Superintendent and the state board may use a methodology consistent with the methodology used to calculate the Academic Performance Index in order to create composite results across content areas and grade levels in reading/language arts and mathematics pursuant to subdivisions (b) and (c), unless the Superintendent and the state board develop a more appropriate methodology to meet the requirements of subdivisions (b) and (c). (i) Prior to the implementation of subdivision (h), the Superintendent and the state board shall notify the appropriate policy and fiscal committees of the Legislature. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. (SB 1 5x) Effective April 12, 2010.)
  7. 53201.5.

    ## 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 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 2. Intervening in the Persistently Lowest-Achieving Schools [53200 - 53202] ( Article 2 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. )

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    The Superintendent must notify specified school authorities when one or more schools in their jurisdiction have been identified as persistently lowest-achieving.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 2. Intervening in the Persistently Lowest-Achieving Schools [53200 - 53202] ( Article 2 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## 53201.5. The Superintendent shall notify the governing board of a school district, county superintendent of schools, or the governing body of a charter school or its equivalent, that one or more of the schools in its jurisdiction have been identified as a persistently lowest-achieving school. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. (SB 1 5x) Effective April 12, 2010.)
  8. 53202.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 2. Intervening in the Persistently Lowest-Achieving Schools [53200 - 53202] ( Article 2 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. )

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    School officials must choose and implement one of four turnaround interventions for persistently lowest-achieving schools, and they must hold public hearings before selecting the intervention.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 2. Intervening in the Persistently Lowest-Achieving Schools [53200 - 53202] ( Article 2 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## 53202. (a) For purposes of implementing the federal Race to the Top program established by Sections 14005 and 14006 of Title XIV of the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), the governing board of a school district, county superintendent of schools, or the governing body of a charter school or its equivalent, shall implement, for any school identified by the Superintendent as persistently lowest-achieving pursuant to subdivision (b) of Section 53200, unless the Superintendent and the state board determines, to the extent allowable under federal law, that the school has implemented a reform within the last two years that conforms to the requirements of the interventions required by the Race to the Top program and is showing significant progress, one of the following four interventions for turning around persistently lowest-achieving schools described in Appendix C of the Notice of Final Priorities, Requirements, Definitions, Selection Criteria for the Race to the Top program published in Volume 74 of Number 221 of the Federal Register on November 18, 2009: (1) The turnaround model. (2) The restart model. (3) School closure. (4) The transformation model. (b) Prior to the governing board meeting to select one of the four interventions described in subdivision (a), the governing board of a school district, county superintendent of schools, or the governing body of a charter school or its equivalent, with one or more persistently lowest-achieving schools shall hold at least two public hearings to notify staff, parents, and the community of the designation and to seek input from staff, parents, and the community regarding the option or options most suitable for the applicable school or schools in its jurisdiction. At least one of those public hearings shall be held at a regularly scheduled meeting, if applicable, and at least one of the public hearings shall be held on the site of a school deemed persistently lowest-achieving. (c) In addition to meeting the requirements specified in Appendix C of the Notice of Final Priorities, Requirements, Definitions, Selection Criteria for the Race to the Top program published in Volume 74 of Number 221 of the Federal Register on November 18, 2009, a persistently lowest-achieving school implementing the turnaround or transformation model may participate in a school-to-school partnership program by working with a mentor school that has successfully transitioned from a low-achieving school to a higher-achieving school. (1) For purposes of this article, a mentor school is a school that meets either of the following: (A) The school has exited Program Improvement pursuant to the No Child Left Behind Act. (B) The school has increased, in the statewide rankings based on the Academic Performance Index, by two or more deciles over the last five years, using the most recent data available. (2) The principal and, at the discretion of the principal, the staff of a mentor school shall provide guidance to a persistently lowest-achieving school to develop a reform plan for the school using the required elements of the turnaround or transformation model, and provide guidance and advice on how the mentor school was able to transform the culture of the school from low-achieving to higher-achieving and how that transformation could be replicated at the school implementing a turnaround or transformation model. (3) To the extent that federal funds are made available for this purpose pursuant to subdivision (c) of Section 53101, the mentor school shall receive funds for serving as a mentor school. As a condition for receipt of funds, the principal, and at the principal’s discretion, the staff, of a mentor school shall meet regularly with the assigned persistently lowest-achieving school for a period of at least three years. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. (SB 1 5x) Effective April 12, 2010.)
  9. 5321.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A valid, verified petition requesting a school board election is treated as an order calling the election when received by the designated officer or board, unless that official is authorized to take some other action. If an election is ordered, the county superintendent must prepare the Section 5322 resolution.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 5321. Whenever a valid and verified petition, authorized by this code and requesting that a board election be held in any school district or in territory contained in one or more school districts or community college district, is received by the officer or board designated by law to receive the petition, such petition shall be deemed an order for calling such election unless the officer or board is by law authorized to take some action upon the petition other than ordering the election requested in the petition. If an election is ordered, the county superintendent having jurisdiction shall prepare a resolution setting forth the specifications required in Section 5322 as preliminary procedure to the call of such election. (Enacted by Stats. 1976, Ch. 1010.)
  10. 5322.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    When an election is ordered, the district board or other authorized officer must prepare and deliver a resolution that states the election date and purpose, and includes required authority and signature details; for measure elections, it must also include the exact ballot wording, subject to a 75-word limit.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 5322. Whenever an election is ordered, the governing board of the district or the board or officer authorized by this code to make such designations shall, concurrently with or after the order of election but not less than 123 days prior to the date of the election in the case of an election for governing board members, or at least 88 days prior to the date of the election in the case of an election on a measure, including a bond measure, by resolution delivered to the county superintendent of schools and the officer conducting the election, or, in the case of an election on a measure, only to the officer conducting the election, specify the following, or such of the following as he or she or it may have authority to designate: (a) The date of the election. (b) The purpose of the election. The resolution or resolutions shall be known as “specifications of the election order” and shall set forth the authority for ordering the election, the authority for the specification of the election order, the signature of the officer or the clerk of the board by law authorized to make the designations therein contained, and, in the case of an election on a measure, the exact wording of the measure as it is to appear on the ballot. Pursuant to Section 13247 of the Elections Code, the statement of the measure to appear on the ballot shall not exceed 75 words. (Amended by Stats. 2000, Ch. 1081, Sec. 1. Effective January 1, 2001.)
  11. 5323.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    The county superintendent must give written notice to the concerned governing boards about consolidation of governing board elections, at least 130 days before the election date.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 5323. The county superintendent having jurisdiction shall at least 130 days prior to the date of a governing board member election consolidated pursuant to Section 5340, notify the governing boards concerned of the order of consolidation of governing board elections under his or her jurisdiction. Such notice of consolidation shall be given in writing. (Amended by Stats. 1982, Ch. 428, Sec. 5.)
  12. 5324.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For governing board elections, the county superintendent of schools must deliver copies of the order of election and the formal notice of election to the county elections official at least 120 days before the election.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 5324. At least 120 days prior to the date of the election in the case of an election for governing board members, the county superintendent of schools shall deliver to the county elections official in the county where the election is to be held, copies of: (a) The order of election. (b) The formal notice of election. (Amended by Stats. 2002, Ch. 221, Sec. 6. Effective January 1, 2003.)
  13. 5325.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For most school district and community college district elections, the county superintendent of schools must call the election and post or publish election notices, and must deliver the formal notice to the county elections official on time for governing board member elections.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 5325. Any school district election or community college district election, except a bond measure election, ordered to be held in accordance with this code shall be called by the county superintendent of schools having jurisdiction of the election by doing both of the following: (a) Posting or publication of notices of election. (b) Delivery of a copy of the formal notice of election to the county elections official at least 120 days prior to the date of the election in the case of an election for governing board members. (Amended by Stats. 2002, Ch. 221, Sec. 7. Effective January 1, 2003.)
  14. 5326.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If no one or only one candidate is nominated by the deadline, or other listed candidate limits are not exceeded, and no qualifying petition is filed, the election office must make the appointment under Section 5328.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 5326. If, by 5:00 p.m. on the 83rd day prior to the day fixed for the governing board member election, only one person has been nominated for any elective office to be filled at that election, or no one has been nominated for the office, or in the case of members to be elected from the district at large, the number of candidates for governing board member at large does not exceed the number of offices to be filled at that election, or in the case of members to be nominated by trustee area and elected at large, the number of candidates do not exceed the number required to be elected governing board member at large nominated by that trustee area, or in the case of members to be elected at large in accordance with Sections 5030.5 , 5030.6, and 5030.7, no more than one person has been nominated for each membership position, and a petition signed by 10 percent of the voters or 50 voters, whichever is the smaller number, in the district or trustee area, if elected by trustee area, requesting that a school district election be held for the offices has not been presented to the officer conducting the election, appointment will be made as prescribed by Section 5328. The provisions of this section and Section 5328 shall also apply to elections for membership on a county board of education. (Amended by Stats. 1996, Ch. 48, Sec. 2. Effective May 15, 1996.)
  15. 5328.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a district election is not held, nominated qualified persons are seated at the board’s organizational meeting; if no one or too few are nominated, the governing board must appoint qualified person(s) before the election date, and those appointees are seated at the organizational meeting.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 5328. If pursuant to Section 5326 a district election is not held, the qualified person or persons nominated shall be seated at the organizational meeting of the board, or if no person has been nominated or if an insufficient number is nominated, the governing board shall appoint a qualified person or persons, as the case may be, at a meeting prior to the day fixed for the election, and such appointee or appointees shall be seated at the organizational meeting of the board as if elected at a district election. (Amended by Stats. 1978, Ch. 22.)
  16. 5328.5.

    ## 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 4. ELECTIONS [5000 - 5442] ( Part 4 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If no one has been nominated for an office, the governing board must publish a notice before making an appointment and explain how to apply.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 5328.5. If no one has been nominated to an office, prior to making an appointment to that office pursuant to Section 5328, the governing board shall cause to be published a notice once in a newspaper of general circulation published in the district or, if no such newspaper is published in the district, in a newspaper having general circulation in the district, stating that the board intends to make an appointment and informing persons of the procedure available for applying for the office. (Added by Stats. 1982, Ch. 428, Sec. 10.5.)
  17. 5329.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a candidate files a declaration of candidacy, the candidate’s name must be printed on the ballot unless the candidate died and that death was ascertained at least 68 days before the election.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Order and Call of Elections [5320 - 5329] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 5329. Whenever a candidate has filed a declaration of candidacy the name of the candidate shall be printed upon the ballot unless the candidate has died and that fact has been ascertained by the officer charged with the duty of printing the ballots at least 68 days before the election. (Amended by Stats. 1986, Ch. 866, Sec. 1.)
  18. 53300.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 3. Parent Empowerment [53300 - 53303] ( Article 3 added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 2. )

    Verify source ↗

    If a qualifying school receives a parent petition, the local educational agency must implement the parents’ requested option unless it makes a written finding at a public hearing and chooses another option for the next 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 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 3. Parent Empowerment [53300 - 53303] ( Article 3 added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 2. ) ## 53300. For any school not identified as a persistently lowest-achieving school under Section 53201 which, after one full school year, is subject to corrective action pursuant to paragraph (7) of Section 1116(b) of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) and continues to fail to make adequate yearly progress, and has an Academic Performance Index score of less than 800, and where at least one-half of the parents or legal guardians of pupils attending the school, or a combination of at least one-half of the parents or legal guardians of pupils attending the school and the elementary or middle schools that normally matriculate into a middle or high school, as applicable, sign a petition requesting the local educational agency to implement one or more of the four interventions identified pursuant to paragraphs (1) to (4), inclusive of subdivision (a) of Section 53202 or the federally mandated alternative governance arrangement pursuant to Section 1116(b)(8)(B)(v) of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.), the local educational agency shall implement the option requested by the parents unless, in a regularly scheduled public hearing, the local educational agency makes a finding in writing stating the reason it cannot implement the specific recommended option and instead designates in writing which of the other options described in this section it will implement in the subsequent school year consistent with requirements specified in federal regulations and guidelines for schools subject to restructuring under Section 1116(b)(8) of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) and regulations and guidelines for the four interventions. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 2. (SB 4 5x) Effective April 12, 2010.)
  19. 53301.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 3. Parent Empowerment [53300 - 53303] ( Article 3 added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 2. )

    Verify source ↗

    A local educational agency must notify the Superintendent and the state board when it receives a petition under Section 53300 and when the petition is finally disposed of.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 3. Parent Empowerment [53300 - 53303] ( Article 3 added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 2. ) ## 53301. (a) The local educational agency shall notify the Superintendent and the state board upon receipt of a petition under Section 53300 and upon its final disposition of that petition. (b) If the local educational agency indicates in writing that it will implement in the upcoming school year a different alternative governance arrangement than requested by the parents, the local educational agency shall notify the Superintendent and the state board that the alternative governance option selected has substantial promise of enabling the school to make adequate yearly progress as defined in the federally mandated state plan under Section 1111(b)(2) of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.). (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 2. (SB 4 5x) Effective April 12, 2010.)
  20. 53302.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 3. Parent Empowerment [53300 - 53303] ( Article 3 added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 2. )

    Verify source ↗

    No more than 75 schools may be subject to a petition under 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 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 3. Parent Empowerment [53300 - 53303] ( Article 3 added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 2. ) ## 53302. (a) No more than 75 schools shall be subject to a petition authorized by this article. (b) A petition shall be counted toward this limit upon the Superintendent and state board receiving notice from the local educational agency of its final disposition of the petition. (Amended by Stats. 2019, Ch. 497, Sec. 73. (AB 991) Effective January 1, 2020.)
  21. 53303.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 3. Parent Empowerment [53300 - 53303] ( Article 3 added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 2. )

    Verify source ↗

    A local educational agency does not have to implement a parent-requested option unless the request is about improving academic achievement or pupil 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 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] ( Part 28 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 18. Race to the Top [53100 - 53303] ( Chapter 18 added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. ) ## ARTICLE 3. Parent Empowerment [53300 - 53303] ( Article 3 added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 2. ) ## 53303. A local educational agency shall not be required to implement the option requested by the parent petition if the request is for reasons other than improving academic achievement or pupil safety. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 2. (SB 4 5x) Effective April 12, 2010.)
  22. 5340.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Consolidation of Elections [5340 - 5345] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain school district and community college district member elections held in the same district or area on the same day must be consolidated, and the county superintendent must give written notice at least 130 days before the election if consolidation is required.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Consolidation of Elections [5340 - 5345] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 5340. School district governing board or community college district governing board member elections for two or more districts of any type to be held in the same district or area on the same day shall be consolidated so that a person entitled to vote in both or all of such elections may do so at the same time and place and using the same ballot. When a consolidated election is required by this section to be held, the basic unit for conducting the election shall be the elementary district. The county superintendent of schools having jurisdiction shall notify the governing boards of all school and community college districts in writing at least 130 days prior to the date of the election that a consolidated election is required to be held. (Amended by Stats. 1982, Ch. 428, Sec. 12.)
  23. 5342.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Consolidation of Elections [5340 - 5345] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An election officer may consolidate a school district or community college district election with other elections if the elections are on the same day or in overlapping territory and the required resolutions are received at least 88 days before the election.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Consolidation of Elections [5340 - 5345] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 5342. Whenever any school district election or community college district election is scheduled to be held on the same day, in the same territory, or in territory that is in part the same, as an election or elections called to be held by any other district, city, county, or other political subdivision, the district election may be either completely or partially consolidated with the election or elections pursuant to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code. The consolidation may be effected by the officer conducting the election upon receipt of resolutions from two or more political subdivisions whose boundaries are totally or partially the same territory calling elections to be held on the same day if the resolutions are delivered to the officer conducting the election at least 88 days prior to the date of the election. (Amended by Stats. 1994, Ch. 923, Sec. 15. Effective January 1, 1995.)
  24. 5343.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Consolidation of Elections [5340 - 5345] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For a completely or partially consolidated school district or community college district election, the election notice may omit precincts, polling places, and appointed officers, and instead refer to the other election’s notice or related document; this reference is not required for a statewide election.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Consolidation of Elections [5340 - 5345] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 5343. If any school district election or community college district election is completely or partially consolidated with any other election, the notice of election need not set forth the precincts, place or places of holding the election, or the names of the officers appointed to conduct the election, but may instead state that the precincts, place or places of holding the elections and officers appointed to conduct the election shall be the same as those provided for such other election within the territory affected by the consolidation and set forth in the ordinance, order, resolution, or notice calling, providing for or giving notice of such other election, and reference shall be made to such ordinance, order, resolution, or notice by number and title or date of adoption, or by date or proposed date of publication and the name of the newspaper in which publication has been or will be made, or by any other definite description, except that no such reference need be made if the election is completely or partially consolidated with a statewide election. (Enacted by Stats. 1976, Ch. 1010.)
  25. 5344.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Consolidation of Elections [5340 - 5345] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In a consolidated election area, precincts, polling places, voting booths, polling hours, and election officers must be uniform, and certain consolidated elections must be conducted separately when canvassed by different boards.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Consolidation of Elections [5340 - 5345] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 5344. Within the territory affected by the order of consolidation the election precincts, polling places, voting booths and polling hours shall, in every case, be the same and there shall be only one set of election officers in each of the precincts. When the returns of elections consolidated pursuant to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code are required to be canvassed by different canvassing boards, the elections shall be conducted separately in the same manner as if they had not been consolidated, except as provided in this section. (Amended by Stats. 1994, Ch. 923, Sec. 16. Effective January 1, 1995.)
  26. 5345.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Consolidation of Elections [5340 - 5345] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When a school district or community college district election is consolidated with another election, the ballot-marking rules for the other election also apply to the district election.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Consolidation of Elections [5340 - 5345] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 5345. In the event of consolidation of any school district election or community college district election with any other election the provisions of law governing such other election with respect to the manner of marking ballots shall also apply to the district election consolidated therewith. (Enacted by Stats. 1976, Ch. 1010.)
  27. 5360.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Election Notice [5360 - 5363] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “formal notice” and “card notice” for election notices in this chapter.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Election Notice [5360 - 5363] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 5360. As used in this chapter “formal notice” means the notice of election which is required to be published and posted in public places, and “card notice” means the notice of election which is required to be mailed to the registered voters of the area in which the election is to be held. (Enacted by Stats. 1976, Ch. 1010.)
  28. 5361.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Election Notice [5360 - 5363] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For most school district and community college district elections, the county superintendent of schools must prepare the formal election notice.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Election Notice [5360 - 5363] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 5361. The formal notice of election for any school district election or community college district election, except a bond measure election, shall be prepared by the county superintendent of schools and shall contain the following: (a) The date of the election. (b) The purpose of the election. (Amended by Stats. 1999, Ch. 667, Sec. 4. Effective January 1, 2000.)
  29. 5362.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Election Notice [5360 - 5363] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For most school district or community college district elections, the county superintendent of schools must post the formal election notice publicly at specified locations at least 90 days before the election; this alternative posting method does not apply to bond measure elections.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Election Notice [5360 - 5363] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 5362. As an alternative to publication by newspaper pursuant to Section 5363, publication of formal notice may be effected pursuant to this section. Not later than 90 days prior to the date of any school district or community college district election, except a bond measure election, the county superintendent of schools having jurisdiction shall cause to be posted the formal notice of the election in public view at all of the following: (a) Every schoolhouse in the territory, district or districts in which the election is to be held. (b) At three public places in the territory, district or districts. (Amended by Stats. 1999, Ch. 667, Sec. 4.5. Effective January 1, 2000.)
  30. 5363.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Election Notice [5360 - 5363] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Unless Section 5362 procedure is used, the elections official for a governing board member election must publish formal notice of the election under Section 12112 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Election Notice [5360 - 5363] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 5363. Except where the procedure prescribed by Section 5362 is utilized, the elections official responsible for the conduct of a governing board member election shall cause formal notice of the election to be published pursuant to Section 12112 of the Elections Code. (Amended by Stats. 2000, Ch. 1081, Sec. 2. Effective January 1, 2001.)
  31. 5380.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Precinct Election Officers [5380- 5380.] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Election officers at school district or community college district elections may be paid from district funds, with the amount set by the county elections official and approved by the county board of supervisors.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Precinct Election Officers [5380- 5380.] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 5380. Any election officer serving at any school district election or community college district election may be paid out of the funds of the district as compensation for his or her services as an election officer a sum determined by the county elections official and approved by the county board of supervisors, not to exceed the amount paid from the county treasury to officers of the preceding general election. In districts in which the polls are kept open less than 12 hours, the maximum compensation for election officers shall be the sum bearing the same relation to the amount paid to election officers of the last preceding general election as the number of hours the polls were open at the election bears to the number of hours the polls were open in the preceding general election. (Amended by Stats. 2002, Ch. 221, Sec. 8. Effective January 1, 2003.)
  32. 5390.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Voters and Election Procedure [5390- 5390.] ( Article 6 repealed and added by Stats. 1978, Ch. 219. )

    Verify source ↗

    In school district and community college district elections, voter qualifications, polling-place procedures, and required equipment and supplies are governed by the Elections Code rules that apply to statewide elections.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Voters and Election Procedure [5390- 5390.] ( Article 6 repealed and added by Stats. 1978, Ch. 219. ) ## 5390. In any school district or community college district election, the qualifications of voters, the procedure to be followed by voters and precinct board members in the polling places on election day, and the equipment and supplies to be furnished each polling place shall be governed by those provisions of the Elections Code applicable to statewide elections. (Repealed and added by Stats. 1978, Ch. 219.)
  33. 54.

    ## 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. )

    Verify source ↗

    A California public secondary school pupil under 18 may serve on certain boards or commissions.

    ## 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. ) ## 54. Notwithstanding Section 1020 of the Government Code, any pupil attending a California public secondary school who is under the age of 18 years may serve on any board or commission established pursuant to this title or Title 2 (commencing with Section 33000) that includes members who are pupils or minors. (Added by Stats. 2018, Ch. 182, Sec. 1. (AB 1887) Effective August 24, 2018.)
  34. 54000.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. )

    Verify source ↗

    The Legislature says its goal is to provide quality educational opportunities for all children 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. ) ## 54000. It is the intent of the Legislature to provide quality educational opportunities for all children in the public schools. The Legislature recognizes that a wide variety of factors such as low family income, pupil transiency rates, and large numbers of homes where a primary language other than English is spoken have a direct impact on a child’s success in school and personal development, and require that different levels of financial assistance be provided districts in order to assure a quality level of education for all pupils. (Repealed and added by Stats. 1977, Ch. 894.)
  35. 54001.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. )

    Verify source ↗

    The Superintendent of Public Instruction must administer this chapter and apportion funds to school districts with State Board approval. Districts receiving funds must not cut existing resources used for educationally disadvantaged students.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. ) ## 54001. From the funds appropriated by the Legislature for the purposes of this chapter, the Superintendent of Public Instruction, with the approval of the State Board of Education, shall administer this chapter and make apportionments to school districts to meet the total approved expense of the school districts incurred in establishing education programs for pupils who qualify economically and educationally in preschool, kindergarten, or any of grades 1 through 12, inclusive. Funds provided pursuant to this chapter in any fiscal year but not expended by school district in that fiscal year may be expended in subsequent fiscal years. Nothing in this chapter shall in any way preclude the use of federal funds for educationally disadvantaged youths. Districts which receive funds pursuant to this chapter shall not reduce existing district resources which have been utilized for programs to meet the needs of educationally disadvantaged students. (Amended by Stats. 1978, Ch. 893.)
  36. 54003.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. )

    Verify source ↗

    School district governing boards must evaluate participating schools and end entitlements for schools that fail over four years to substantially meet approved site plan objectives, under State Board of Education 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. ) ## 54003. Under rules and regulations established by the State Board of Education, participating school district governing boards shall evaluate the effectiveness of participating schools and shall terminate entitlements to schools which are unsuccessful over a four-year period in substantially meeting their objectives of the approved school site plan, as defined in Section 54004.1. It is the intent of the Legislature that to the extent feasible the State Board of Education develop rules and regulations that will assure consistency between subdivision (f) of Section 52034 and this section. (Repealed and added by Stats. 1977, Ch. 894.)
  37. 54004.1.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. )

    Verify source ↗

    The Superintendent of Public Instruction must apportion program funds according to chapter procedures and State Board rules, and funding is tied to district and school plans that meet specified approval, retention, availability, and content 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. ) ## 54004.1. For fiscal year 1979–80 and each year thereafter, the Superintendent of Public Instruction shall apportion funds available for programs in accord with procedures specified in this chapter and rules and regulations established by the State Board of Education. Funds shall be allocated to each district within its entitlement based upon the following: (a) A district allocation plan developed pursuant to Sections 54004.3, 54004.5, and 54004.7, which shall be submitted to the Superintendent of Public Instruction and approved by the State Board of Education. (b) A school plan, including any modification for each school receiving funds allocated pursuant to Sections 54004.5 and 54004.7, which has been approved by the governing board of the school district and is retained at the school site and at the school district office. This plan shall be available to the Superintendent of Public Instruction upon demand and shall be made available to the public on a reasonable basis pursuant to the provisions of the California Public Records Act, Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. The plan shall include, but not be limited to: (1) An explicit statement of what the school seeks to accomplish. (2) A description of the program and activities designed to achieve these purposes. (3) A planned program of annual evaluation, including a statement of criteria to be used to measure the effectiveness of the program. (c) Schools that provide programs pursuant to subdivision (a) of Section 52165 shall include those programs in the school plan. (Amended by Stats. 2021, Ch. 615, Sec. 73. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  38. 54004.3.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. )

    Verify source ↗

    The Legislature states that districts receiving impact aid should have enough flexibility to design and run an intra-district allocation system for impact 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. ) ## 54004.3. It is the intent of the Legislature to provide all districts receiving impact aid with sufficient flexibility to design and administer an intra-district allocation system for impact aid which reflects the distribution and the needs of the needy population and assures the provision of services to students traditionally served by the educationally disadvantaged youth programs and bilingual education programs. (Added by Stats. 1977, Ch. 894.)
  39. 54004.5.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. )

    Verify source ↗

    Certain school districts must develop and submit an intra-district allocation plan for impact aid, and the plan must include specified methods.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. ) ## 54004.5. Under the rules and regulations established by the State Board of Education, school districts receiving entitlements for the 1979–80 year and thereafter under this chapter shall develop and submit to the Department of Education for approval an intra-district allocation plan for distribution of impact aid to schools with high concentrations of pupils in need. Such intra-district allocation plans shall include, but not be limited to: (a) A method for determining the eligibility of schools to receive impact aid based on the following factors which shall be given equal weight in the allocation of funds: (1) The number or percentage of limited- and non-English-speaking youth at individual school sites. (2) The number or percentage of students from low-income families at individual school sites as identified using data sources such as Aid to Families with Dependent Children, Federal Free Lunch, assessed value of single family residences, and census data. (3) The number or percentage of students with low academic achievement at individual school sites. In the development of its allocation plan, an eligible district may employ, other factors unique to the district which further identify numbers or concentrations of pupils in need of impact aid at individual school sites. (b) A method for determining the minimum and maximum levels of service expressed as an average amount per pupil, for schools scheduled to receive impact aid. (Added by Stats. 1977, Ch. 894.)
  40. 54004.7.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. )

    Verify source ↗

    The intradistrict allocation plan must provide adequate support so schools can offer programs for limited- and non-English-speaking pupils, subject to Section 52165.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. ) ## 54004.7. The intradistrict allocation plan shall assure adequate support to any school to provide programs appropriate to the educational needs of limited- and non-English-speaking pupils as required by Section 52165 except that programs funded under Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 in fiscal year 1978–79 in grades 7 to 12, inclusive, shall continue to receive appropriate funding if the governing board determines that the program is of sufficient quality to warrant the funding. (Amended by Stats. 1987, Ch. 1452, Sec. 448.)
  41. 54005.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. )

    Verify source ↗

    The State Board of Education must adopt regulations that set standards and criteria for administering, monitoring, evaluating, and disseminating programs submitted for consideration.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. ) ## 54005. The State Board of Education shall adopt regulations setting forth the standards and criteria to be used in the administration, monitoring, evaluation, and dissemination of programs submitted for consideration. (Repealed and added by Stats. 1977, Ch. 894.)
  42. 54007.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. )

    Verify source ↗

    The Superintendent of Public Instruction may, with the Director of Finance’s concurrence and at the applicant district’s request, let part of a district’s entitlement be used for noninstructional 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. ) ## 54007. In approving projects pursuant to this chapter, the Superintendent of Public Instruction, with the concurrence of the Director of Finance, may, upon the request of the applicant district, designate a portion of the district’s entitlement which may be expended for noninstructional costs, including, but not limited to, costs for vandalism, security, and insurance. In no event, shall the total amount of funds designated for such purposes for all districts in the state exceed two million dollars ($2,000,000). (Repealed and added by Stats. 1977, Ch. 894.)
  43. 54008.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. )

    Verify source ↗

    Expenditures under this chapter must be treated as categorical program expenditures and are subject to the Chacon-Moscone Bilingual-Bicultural Education Act of 1976.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 1. General Provisions [54000 - 54008] ( Article 1 added by Stats. 1977, Ch. 894. ) ## 54008. Expenditures pursuant to this chapter shall be considered to be categorical program expenditures within the meaning of Section 52165 and therefore subject to the requirements of the Chacon-Moscone Bilingual-Bicultural Education Act of 1976 (Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 of Division 4 of this title). (Added by Stats. 1977, Ch. 894.)
  44. 54020.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. )

    Verify source ↗

    This section states the Legislature’s intent for these funds to replace earlier funding and for the Superintendent to use an impact-aid allocation method.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. ) ## 54020. It is the intent of the Legislature that funds authorized pursuant to this chapter replace, as of July 1, 1979, funds previously authorized to support educationally disadvantaged youth programs and bilingual education. To that end, the purpose of this article is to provide a method of impact aid allocation to be utilized by the Superintendent, that will allow efforts initiated under those programs to continue and expand so long as a need exists while previously unserved and underserved populations are provided with adequate aid. (Repealed and added by Stats. 2006, Ch. 79, Sec. 15. Effective July 19, 2006.)
  45. 54021.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. )

    Verify source ↗

    For the 2006–07 fiscal year, the Superintendent must make specified economic impact aid calculations for each school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. ) ## 54021. For the 2006–07 fiscal year, the Superintendent shall make the following calculations for each school district: (a) Using the methodology specified in Section 54023, determine the economic impact aid-eligible pupil count for each school district for the 2005–06 fiscal year as if Section 54023 had been in effect for that fiscal year. (b) Divide the school district economic impact aid calculated funding in the 2005–06 fiscal year, excluding the minimum grant specified in Section 54031, as it read during that fiscal year, by the number calculated pursuant to subdivision (a). (c) For the purpose of calculating the economic impact aid allocations for the 2006–07 fiscal year, the quotient calculated in subdivision (b) shall be deemed to be the prior year economic impact aid per pupil amount for the 2006–07 fiscal year. (d) For the purpose of establishing a base year economic impact aid per pupil amount pursuant to this section, if a school district received an allocation for the economic impact aid program in the 2005–06 fiscal year, but has no economic impact aid eligible pupils as determined in Section 54023 for that year, the school district shall be deemed to have a prior-year economic impact aid per pupil amount for the 2006–07 fiscal year that is equal to the statewide average economic impact aid per pupil amount for the 2005–06 fiscal year calculated for the state as a whole as specified in subdivisions (a) and (b). (Repealed and added by Stats. 2006, Ch. 79, Sec. 15. Effective July 19, 2006.)
  46. 54021.1.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. )

    Verify source ↗

    The Superintendent must make funding calculations for each school district, and school districts must use the added funds only as allowed by the cited education code provisions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. ) ## 54021.1. (a) The Superintendent shall make the following calculations for each school district: (1) For the 2010–11 fiscal year, after calculating the economic impact aid allocation of each school district based on Section 54022, the Superintendent shall add to that allocation the amount the school district received, based on Section 404, for the English Language Acquisition Program in the 2009–10 fiscal year. A school district shall expend the funds added pursuant to this subdivision consistent with the parameters described in Section 54025 or Section 400, as it read on January 1, 2010. (2) The Superintendent shall divide the total amount provided to each school district in the 2010–11 fiscal year pursuant to paragraph (1) by the district’s total number of economic impact aid-eligible pupils in the 2010–11 fiscal year, calculated pursuant to Section 54023. (b) For the 2011–12 fiscal year, the amount calculated in subdivision (a) shall be the prior fiscal year economic impact aid per pupil amount for purposes of Section 54022. (Added by Stats. 2010, Ch. 724, Sec. 24. (AB 1610) Effective October 19, 2010.)
  47. 54021.2.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. )

    Verify source ↗

    Juvenile court schools operated by a county superintendent of schools are eligible to receive economic impact aid beginning in the 2010–11 fiscal 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. ) ## 54021.2. (a) Commencing with the 2010–11 fiscal year and each fiscal year thereafter, a juvenile court school operated by a county superintendent of schools shall be eligible to receive economic impact aid funding. (b) For the 2010–11 fiscal year, the Superintendent shall allocate to each juvenile court school operated by a county superintendent of schools the product of its economic impact aid-eligible pupil count calculated pursuant to Section 54023 multiplied by the current year economic impact aid statewide average per pupil rate for school districts based on subdivision (b) of Section 54021.1. (c) For the 2011–12 fiscal year, the Superintendent shall determine the allocation of each juvenile court school operated by a county superintendent of schools pursuant to the formulas described in Section 54022. (Added by Stats. 2010, Ch. 724, Sec. 25. (AB 1610) Effective October 19, 2010.)
  48. 54022.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. )

    Verify source ↗

    Each school district must receive economic impact aid for 2006–07 and later fiscal years, using the larger of two calculation methods, with minimum funding tied to eligible pupil counts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. ) ## 54022. For the 2006–07 fiscal year and each fiscal year thereafter, each school district shall receive the amount of economic impact aid determined by the Superintendent pursuant to subdivision (b) or (c), whichever is greater, calculated for each school district according to all of the following: (a) Increase the prior fiscal year economic impact aid per pupil amount by the percentage change specified in paragraph (2) of subdivision (b) of Section 42238.1 for the current fiscal year. (b) Multiply the economic impact aid per pupil amount for the current fiscal year calculated in subdivision (a) by the economic impact aid-eligible pupil count for the current fiscal year as calculated in Section 54023. (c) A school district shall, at a minimum, receive funds based on the number of economic impact aid-eligible pupils according to the following schedule: (1) For the 2006–07 fiscal year, according to the following table: Number of economic impact aid-eligible pupils Amount 0 ........................ None 1–10 ........................ $5,500 11 or more ........................ $8,300 (2) For the 2007–08 fiscal year and each fiscal year thereafter, the minimum amounts for the schedule in paragraph (1) for the prior fiscal year shall be increased by the percentage change specified in paragraph (2) of subdivision (b) of Section 42238.1. (Amended by Stats. 2007, Ch. 730, Sec. 34. Effective January 1, 2008.)
  49. 54023.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. )

    Verify source ↗

    This section sets out how a school district’s economic impact aid-eligible pupil count is calculated each fiscal year, including a special rule for new charter schools in their first 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. ) ## 54023. For each fiscal year, the economic impact aid-eligible pupil count shall be calculated for each school district as follows: (a) Determine the count of economically disadvantaged pupils, as defined in Section 54026. (b) Determine the count of English learners, as defined in subdivision (b) of Section 54026. (c) Calculate an economic impact aid weighted pupil concentration factor: (1) Add the pupil counts determined in subdivisions (a) and (b). (2) Divide the fall CBEDS enrollment for the school district for the prior school year by two. (3) Subtract from the sum calculated in paragraph (1) the quotient calculated in paragraph (2). (4) If the result of the calculation in paragraph (3) is greater than zero, multiply that difference by 0.5. If the result is less than zero, it shall be deemed to be zero. (d) The economic impact aid-eligible pupil count for each school district shall equal the sum of the pupil counts determined in subdivisions (a) and (b), and the weighted pupil concentration factor determined in subdivision (c). (e) In calculating the economic impact aid-eligible pupil count for a new charter school in its first year of operation, the department shall use CBEDS enrollment counts and counts of English learners reported in the current year instead of the prior year. (Amended by Stats. 2007, Ch. 730, Sec. 35. Effective January 1, 2008.)
  50. 54024.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. )

    Verify source ↗

    The state board may waive certain statutory or regulatory rules about how these funds are used, if the funds stay in the same schools or similar-need schools and the district shows the waiver would improve pupil 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. ) ## 54024. The state board may, pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20, waive any statutory provision or regulation regarding the use of funds apportioned pursuant to this article, provided that the funds are used in the same schools, or in schools with similar need levels, and the district demonstrates a reasonable case that the waiver will improve pupil services in those schools. (Repealed and added by Stats. 2006, Ch. 79, Sec. 15. Effective July 19, 2006.)
  51. 54025.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. )

    Verify source ↗

    School districts must use economic impact aid for English learners and economically disadvantaged pupils, and they may not spend those funds at schoolsites without such 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. ) ## 54025. (a) A school district shall expend economic impact aid funds to serve and assist English learners and economically disadvantaged pupils and may not expend those funds at schoolsites that do not have English learners or economically disadvantaged pupils. (b) A school shall use funds received pursuant to this article to support programs and activities designed to assist English learners achieve proficiency in the English language as rapidly as practicable and to support programs and activities designed to improve the academic achievement of English learners and economically disadvantaged pupils. (c) Funds received by school districts pursuant to this article shall supplement, and not supplant, existing resources at the schoolsite. (Repealed and added by Stats. 2006, Ch. 79, Sec. 15. Effective July 19, 2006.)
  52. 54026.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. )

    Verify source ↗

    This section defines several terms used for Economic Impact Aid, including economically disadvantaged pupils, English learner, small school district, and free 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. ) ## 54026. For purposes of this article, the following definitions apply: (a) “Economically disadvantaged pupils” means either of the following, whichever is applicable: (1) Pupils described in Section 101 of Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6333(c)(1)(A)(B)). Counts of the pupils described in this paragraph shall be the counts used in the current year apportionment calculations for purposes of Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). (2) (A) Notwithstanding paragraph (1), for a small school district and for a juvenile court school operated by a county superintendent of schools, the product of the number of pupils eligible for participation in the free meals program for the prior fiscal year, as defined in subdivision (d), and the free meals adjustment factor. The free meals adjustment factor is the quotient, rounded to two decimal places, resulting from dividing the statewide total of economically disadvantaged pupils as defined in paragraph (1) by the statewide total of pupils eligible for participation in the free meals program for the prior fiscal year, as defined in subdivision (d). (B) Notwithstanding paragraph (1) or subparagraph (A), for charter schools that are funded through the block grant funding model pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 in the 2006–07 fiscal year, the department shall use counts as of October 2006 of pupils 5 to 17 years of age, inclusive, who are living with families whose annual income is at or below the federal poverty guideline, as collected through the first principal apportionment data collection process, as defined in Section 41601. Commencing in the 2007–08 fiscal year, the Superintendent shall use counts as of October of the prior year of pupils 5 to 17 years of age, inclusive, who are living with families whose annual income is at or below the federal poverty guideline, as collected through the first principal apportionment data collection process, as defined in Section 41601. For purposes of this subdivision, the department may use in the first year of operation of a charter school that is established on or after July 1, 2007, the current year counts of pupils 5 to 17 years of age, inclusive, who are living with families whose annual income is at or below the federal poverty guideline. (C) The Superintendent may expand upon an existing process of collecting free or reduced price meal data in order to collect from small districts, as defined in subdivision (c), counts of pupils living with families whose annual income is at or below the federal poverty guideline. (b) “English learner” means a pupil described in subdivision (a) of Section 306 or identified as a pupil of limited English proficiency, as that term is defined in subdivision (m) of Section 52163. Counts of the pupils described in this subdivision shall be the counts reported in the prior year language census. (c) “Small school district” means a school district that has an annual enrollment of less than 600 pupils based on prior school year CBEDS data and is, for the purposes of this section, designated a rural school by the Superintendent based on the appropriate school locale codes, as used by the National Center for Education Statistics of the United States Department of Education. (d) “Free meals” means the aggregate number of pupils meeting the income eligibility guidelines established by the federal government for free meals as reported for all schools for which the district is the authorizing agency. (e) For purposes of subparagraph (B) of paragraph (2) of subdivision (a), the count of economically disadvantaged pupils for a charter school that is operated pursuant to Section 47612.1 shall be calculated without regard to the age of the pupil. A pupil who resides in program housing shall be considered a family of one. (Amended by Stats. 2010, Ch. 724, Sec. 26. (AB 1610) Effective October 19, 2010.)
  53. 54027.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. )

    Verify source ↗

    If a school district reorganizes by unification or consolidation, the Superintendent must calculate the economic impact aid per pupil amount using weighted per-pupil amounts and prior-year 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. ) ## 54027. If a school district reorganizes either by unification or by consolidation with another school district of similar type, the Superintendent shall calculate an economic impact aid per pupil amount based on the respective per pupil amounts for each school district participating in the reorganization, weighted by the number of economic impact aid-eligible pupils contributed by each school district. The Superintendent shall use the appropriate data from the year prior to the year that the reorganization is effective for all purposes. (Repealed and added by Stats. 2006, Ch. 79, Sec. 15. Effective July 19, 2006.)
  54. 54028.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. )

    Verify source ↗

    This article is subject to Sections 62002.5 and 62004, plus the parts of Section 62003 that concern auditing economic impact aid 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. ) ## 54028. Notwithstanding any other provision of law, the provisions of this article are subject to Sections 62002.5 and 62004, and to the portions of Section 62003 that relate to auditing the use of funds allocated for purposes of economic impact aid. (Repealed and added by Stats. 2006, Ch. 79, Sec. 15. Effective July 19, 2006.)
  55. 54029.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. )

    Verify source ↗

    A school district receiving economic impact aid must post specified funding data on its website in an easily accessible location.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ( Chapter 1 repealed and added by Stats. 1977, Ch. 894. ) ## ARTICLE 2. Economic Impact Aid [54020 - 54029] ( Article 2 repealed and added by Stats. 2006, Ch. 79, Sec. 15. ) ## 54029. As a condition of the receipt of economic impact aid funds, a school district shall post in an easily accessible location on its Internet Web site data related to economic impact aid funding, for purposes of budget transparency, including all of the following: (a) The amount of economic impact aid allocated to the school district in that fiscal year. (b) The amount of economic impact aid used by the school district for administrative costs in that fiscal year. (c) The amount of economic impact aid expended for limited-English-proficient pupils in that fiscal year and the prior fiscal year by the school district and by each school within the district. (d) The amount of economic impact aid expended for state compensatory education in that fiscal year and the prior fiscal year by the school district and by each school within the district. (e) The amount of unexpended economic impact aid and an explanation of why these funds have not been expended. (Added by Stats. 2012, Ch. 573, Sec. 1. (SB 754) Effective January 1, 2013.)
  56. 5420.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Cost of Elections [5420 - 5426] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For school district or community college district elections, the election cost may include listed expenses such as officer pay, notices, printing, mailing, forms, maps, and supplies.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Cost of Elections [5420 - 5426] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 5420. The cost of any school district or community college district election may include, but need not be limited to: (a) Compensation of precinct election officers. (b) Publication of notices. (c) The cost of printing official ballots, sample ballots, indexes, arguments, statements, official notices, and card notices. (d) Mailing charges for card notices, arguments, recommendations, statements, and sample ballots. (e) Forms for rosters, tally sheets, certificates, envelopes, declaration of results forms, and legal forms required for bond elections. (f) Precinct maps. (g) The actual cost of supplies such as flags, ballot boxes, chairs and tables, booths, ink pads and stamps, and pencils; provided, that if any such can be borrowed from any state or county office, no charge for rental shall be included in the cost of elections. (Enacted by Stats. 1976, Ch. 1010.)
  57. 5421.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Cost of Elections [5420 - 5426] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For an election held within a single district, the whole district must bear the cost and pay it from district funds.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Cost of Elections [5420 - 5426] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 5421. The cost of any election held within a single district shall be borne by the entire district, and shall be paid out of its funds. Election costs shall be determined by the county elections official and approved by the county board of supervisors. (Amended by Stats. 2002, Ch. 221, Sec. 9. Effective January 1, 2003.)
  58. 5422.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Cost of Elections [5420 - 5426] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Districts sharing territory for an election must split the election cost equally and pay it from district funds.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Cost of Elections [5420 - 5426] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 5422. The cost of elections, including consolidated elections, held in territory common to two or more districts shall be borne by the districts concerned in equal shares and paid from district funds. (Enacted by Stats. 1976, Ch. 1010.)
  59. 5423.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Cost of Elections [5420 - 5426] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    The county superintendent of schools must pay the cost of consolidated governing board elections from the county school service fund, and the cost must be prorated among the concerned districts to reimburse the fund.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Cost of Elections [5420 - 5426] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 5423. The cost of consolidated governing board elections shall be paid by the county superintendent of schools having jurisdiction from the county school service fund, and the cost shall be prorated among the districts concerned to reimburse the fund. (Enacted by Stats. 1976, Ch. 1010.)
  60. 5424.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Cost of Elections [5420 - 5426] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    A district must bear and pay the cost of any recall election held in that district from district funds.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Cost of Elections [5420 - 5426] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 5424. The cost of any recall election shall be borne by the district in which the recall election is held and paid from district funds. (Enacted by Stats. 1976, Ch. 1010.)
  61. 5425.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Cost of Elections [5420 - 5426] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The cost of an election to form a community college district must be paid from the county general fund.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Cost of Elections [5420 - 5426] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 5425. The cost of the election for the formation of a community college district shall be paid from the county general fund. (Enacted by Stats. 1976, Ch. 1010.)
  62. 5426.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Cost of Elections [5420 - 5426] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain election costs must be paid from the county general fund when the election is held under the listed provisions and the stated transfer/bonded-indebtedness conditions apply.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Cost of Elections [5420 - 5426] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 5426. The cost of any election held under the provisions of Article 8 (commencing with Section 4400) of Chapter 2 of Part 3 of this division, or Article 7 (commencing with Section 35690) of Chapter 3 of Part 21 of Division 3 of Title 2, or Article 3 (commencing with Section 74630) of Chapter 5 of Part 46 of Division 7 of Title 3, where the election is being held for the assumption of bonded indebtedness of the district to which the territory is being transferred or where the county board of supervisors requires an election to be held in the whole district from which the territory would be transferred, shall be paid from the county general fund. (Enacted by Stats. 1976, Ch. 1010.)
  63. 5440.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Miscellaneous Provisions [5440 - 5442] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

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    Elections Code provisions on election contests apply to school district elections.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Miscellaneous Provisions [5440 - 5442] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 5440. The provisions of Division 16 (commencing with Section 16000) of the Elections Code, relating to election contests shall apply to school district elections. (Amended by Stats. 1994, Ch. 923, Sec. 18. Effective January 1, 1995.)
  64. 54400.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This chapter may be cited as the McAteer Act.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 54400. This chapter may be cited as the McAteer Act. (Enacted by Stats. 1976, Ch. 1010.)
  65. 54401.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The Legislature states that compensatory education programs should help identify and support pupils affected by language, cultural, and economic disadvantages, and the chapter must not be read to approve pupil segregation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 54401. The Legislature finds and declares that because of home, community, environmental and other conditions which give rise to language, cultural and economic disadvantages, the latent talents of many minors in the elementary and secondary schools in the state remain undiscovered and are not adequately developed by the general educational programs afforded by the public school system and private schools or school systems. It is the intent and purpose of the Legislature to encourage the establishment and development, by local officers and agencies of the public school system, of programs directed to identifying those pupils affected by language, cultural, and economic disadvantages who are potentially capable of completing the regular courses of instruction leading to graduation from the public elementary and secondary schools, and by special services, techniques, and activities to stimulating their interest in intellectual and educational attainment. It is further recognized that to combat effectively the evils of such disadvantage a comprehensive, communitywide and statewide cooperative effort will be required together with a marshaling of all public and private resources and aids which may be useful in the endeavor. Securing cooperation, unity of action, and the concentration and effective direction of available outside resources and aids, public and private, should be an essential element of the programs for compensatory education, at both the state and local levels. The Legislature finds that such special undertakings are essential to the conservation and development of the cultural, economic and intellectual resources of the state and nation. The provisions of this chapter shall be liberally construed to carry out these intents and purposes. Nothing in this chapter shall be construed to sanction, perpetuate or promote the racial or ethnic segregation of pupils in the public schools. (Enacted by Stats. 1976, Ch. 1010.)
  66. 54402.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines a “disadvantaged minor” for this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 54402. For purposes of this chapter, a “disadvantaged minor” is a minor who is potentially academically able but scholastically underachieving, and must compensate for inability to profit from the normal educational program. He is a minor who: (a) Is three years of age or more, but under 18 years of age and has not graduated from high school. (b) Is potentially capable of successfully completing a regular educational program leading to graduation from the elementary or secondary school in which he is enrolled or required to be enrolled. (c) Is, because of home and community environment, subject to such language, cultural, economic, and like disadvantages as will make improbable his completion of the regular program leading to graduation without special efforts on the part of school authorities, over, above, and, in addition to those involved in providing the regular educational programs, directed to the positive stimulation of his potential. (Enacted by Stats. 1976, Ch. 1010.)
  67. 54403.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district that serves kindergarten through 12 may have a “program of compensatory education” if it is an added program, separate from the regular program, aimed at helping disadvantaged minors and identifying them.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 54403. A “program of compensatory education” is an undertaking by any school district maintaining any of grades kindergarten through 12, in the form prescribed by Article 2 (commencing with Section 54420) of this chapter, which is over, above, and in addition to the regular educational programs of the district, having the purpose of providing positive stimulation of the intellectual abilities of disadvantaged minors, and which embodies a positive plan for the identification of such minors. Participation in a program of compensatory education under this chapter shall not preclude an individual’s participation in any other potentially beneficial program which may be offered in the public school system or otherwise. (Enacted by Stats. 1976, Ch. 1010.)
  68. 54404.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A county superintendent of schools may, on request, provide consultative and coordination services to qualifying school districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 54404. Each county superintendent of schools is authorized, upon request, to provide consultative and coordination services for the school districts under his jurisdiction which have established programs of compensatory education under this chapter. Such activity shall be financed through the county school service fund, and shall be subject to budget review pursuant to Section 14050. (Enacted by Stats. 1976, Ch. 1010.)
  69. 54405.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Board of Education may establish certain education and research programs for disadvantaged pupils. The University of California and California State University are urged to participate and provide practical technical and personnel support.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 54405. (a) The State Board of Education may establish programs of the following types: (1) Establishment of new curricula or modification of existing curricula in connection with the education and training of prospective teachers, to incorporate instruction in methods and techniques developed by competent authorities designed to enable teachers effectively to teach disadvantaged children. (2) Research and consultative work projects undertaken to assist state and local public school agencies in carrying out their responsibilities under this chapter. (3) Independently, or in cooperation with any public or private agency or organization, engaging in research and development undertakings directed to overcoming disadvantage, together with related activities involving evaluation, demonstration, and dissemination of findings having to do with programs of compensatory education. (b) It is the intent and aim of the Legislature that the University of California and the California State University participate to the extent practicable with local public school agencies and the State Board of Education in their endeavors under this chapter. It is recommended that greater attention be devoted in the training of teachers to their preparation in the techniques and skills required to cope with the problems of disadvantaged children at the preschool as well as the elementary and secondary level. The University of California and the California State University are urged to participate at the local level in the programs being administered by the local public school authorities and agencies, and to provide all technical and personnel services practicable. (Amended by Stats. 1983, Ch. 143, Sec. 38.)
  70. 54406.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts running compensatory preschool programs must follow State Board of Education 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 54406. All compensatory preschool programs operated by school districts, regardless of source of funds, shall be subject to the regulations of the State Board of Education. The State Board of Education is authorized to establish standards for all compensatory preschool programs. (Enacted by Stats. 1976, Ch. 1010.)
  71. 54407.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board may ask for a waiver of code sections for a compensatory education program, but only if the waiver is needed to create and run a program for low-income 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [54400 - 54407] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 54407. The governing board of a school district, in its application, may request waiver of the provisions of any section or sections of this code for any compensatory education program if such waiver is necessary to establish and operate a program for low-income children. The need for a waiver shall be explained and justified in the application. The Superintendent of Public Instruction, at the discretion and upon recommendation of the Director of Compensatory Education, with the approval of the State Board of Education, may grant, in whole, or in part, any such request. (Enacted by Stats. 1976, Ch. 1010.)
  72. 5441.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Miscellaneous Provisions [5440 - 5442] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Election returns must be kept and disposed of in specific ways after results are certified.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Miscellaneous Provisions [5440 - 5442] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 5441. The returns of any school district or community college district election received by the county elections official having jurisdiction shall, after the date of the declaration and certification of the final results of the election, be disposed of as follows: (a) The sealed envelope containing the voted ballots, including ballots rejected for improper markings, shall be kept by the county superintendent unopened and unaltered for six months. If a contest or criminal prosecution is not commenced within the six-months’ period as provided in Division 16 (commencing with Section 16000) of the Elections Code, he or she shall destroy the envelope, or have it destroyed, without its being opened or its contents examined. This paragraph also applies to absent ballots and identification envelopes. (b) The envelope containing spoiled, canceled, and defaced unused ballots shall remain unopened in the custody of the county superintendent and shall be held and disposed of as is the envelope provided for in paragraph (a) of this section. (c) The envelope containing the tally sheet, challenge sheet, challenge list, assisted voter list, and affidavits of election officers assisting voters, shall be disposed of in the same manner, but the contents of this envelope may be made available to voters for inspection at any time following commencement of the official canvass of votes. (Amended by Stats. 1994, Ch. 923, Sec. 19. Effective January 1, 1995.)
  73. 5442.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Miscellaneous Provisions [5440 - 5442] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Recounts of votes in any school district or community college district are governed by Chapter 9 of Division 15 of the Elections Code, starting with Section 15600.

    ## 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 3. Conduct of Elections [5300 - 5442] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Miscellaneous Provisions [5440 - 5442] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 5442. Recount of votes in any school district or community college district shall be governed by Chapter 9 (commencing with Section 15600) of Division 15 of the Elections Code. (Amended by Stats. 2006, Ch. 588, Sec. 3. Effective January 1, 2007.)
  74. 54420.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Compensatory Education [54420 - 54425] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets criteria to guide local school districts when applying for certain federal or specially provided state education 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Compensatory Education [54420 - 54425] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 54420. The purpose of this article is to establish criteria to guide local school districts in making applications for federal funds under the Elementary and Secondary Education Act of 1965 as accepted in Sections 12400, 12402, 12403, 12404, Article 4 (commencing with Section 12030) of Chapter 1 of Part 8 of Division 1 of Title 1, or any state funds provided specially for the purposes of this chapter. These criteria shall apply to the extent that they do not conflict with the provisions of the Elementary and Secondary Education Act of 1965 or administrative regulations promulgated under that act. (Enacted by Stats. 1976, Ch. 1010.)
  75. 54421.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Compensatory Education [54420 - 54425] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A local school district’s application for federal or state funds must include a comprehensive compensatory education plan.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Compensatory Education [54420 - 54425] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 54421. Each application of a local school district for federal funds or state funds shall include a comprehensive compensatory education plan which shall demonstrate that the district has fully utilized all other sources of funds, and the assistance of all volunteer aid offered by individuals and public and private organizations providing assistance for similar educational endeavors, and has effectively coordinated the same. This plan should emphasize a preventive program aimed at the child between the ages of three years and eight years, and have an ultimate goal of teaching the child to read, awakening the child’s interest in learning, giving the child a sense of success in school achievement, preventing the child’s alienation from the school, and preventing his possible early departure from school. It shall also include remedial programs for older children. Expenditures should be directed to schools with large concentrations of educationally disadvantaged children. If the situation involves disadvantaged children who speak English as a second language, any programs should include early English language instruction, and the use of teachers, teachers’ aides or volunteers who are proficient in the child’s primary language, and in-service training for teachers in that language. (Enacted by Stats. 1976, Ch. 1010.)
  76. 54422.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Compensatory Education [54420 - 54425] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For federal funding applications, a plan may include the listed compensatory education components, and the State Board of Education must set a priority list for approving school district plans; a district plan must include evaluation, testing, and consultation to be 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Compensatory Education [54420 - 54425] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 54422. For purposes of applications for federal funds a plan should be comprehensive in scope, and may include any or all of the program components set out below. The State Board of Education shall act, upon recommendation of the Advisory Compensatory Education Commission, to establish a priority listing of the following program elements which shall be used in the approval of school district plans to determine those elements which shall be emphasized on a statewide basis: (a) Reduction of ratios of pupils to teachers, directed specifically to enabling more individual attention to be given to disadvantaged pupils. (b) Special efforts in the area of reading instruction, including the employment of additional teachers, special reading teachers, teacher aides, and volunteer aides. Special reading programs authorized pursuant to this subdivision shall be conducted pursuant to standards established under Chapter 2 (commencing with Section 54100) of this part, Article 3 (commencing with Section 60604) of Chapter 5 of Part 33 of this division. (c) Preschool programs provided through the use of either school facilities, other public or private facilities, or any combination thereof, for children three years of age or older, involving intensive parent participation, established pursuant to standards prescribed by the State Board of Education. Preschool programs authorized pursuant to this subdivision shall be conducted pursuant to the educational standards established by the State Board of Education under Section 8253. (d) In-service professional study involving instruction and orientation of school district personnel to enable them to more effectively deal with disadvantaged students. (e) School-home cooperation, including home visitation, parent education and participation, parent-teacher conferences utilizing, wherever necessary, bilingual interpreters. (f) Cultural enrichment including the use of field trips, special speakers, motion pictures, records, library programs, concerts and other means which serve to broaden the educational and cultural experience of the students. (g) After-school tutoring programs utilizing the services of qualified college and university students and volunteers from the community. (h) Remedial and corrective programs directed to enhancing the pupils’ interest and competence in the English language, including extended remedial reading programs, special speech and oral programs, and the teaching of English as a second language, as, for example, where Spanish-speaking children are involved. (i) Evaluation, testing, and consultation, involving the formulation of evaluation standards which are as rigorous as feasible under the circumstances; the yearly administration of comprehensive achievement tests to all compensatory education students; and the development and use of data based on group controls which will provide evidence of contrast, and the assembly and classification of data for use at the statewide level. A school district plan of compensatory education under this chapter shall, in order to receive approval, contain this program element. (Enacted by Stats. 1976, Ch. 1010.)
  77. 54423.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Compensatory Education [54420 - 54425] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A district may propose other programs, but they need approval from the Director of Compensatory Education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Compensatory Education [54420 - 54425] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 54423. In addition, the district may propose other programs, subject to the approval of the Director of Compensatory Education, to include the following elements: (a) Employment of competent school-community coordinators, to secure effective coordination of the efforts of pupils, parents, schools, and the community. (b) Curriculum revision and the development and use of new instructional equipment and facilities to reorient the education program to meet the particular needs of the disadvantaged pupils, with special attention to be given to the teaching of the English language. (c) Effective use of auxiliary personnel, the services of whom may be made available not only by the public school system, but by other public and private agencies and organizations, including ethnic organizations. (Enacted by Stats. 1976, Ch. 1010.)
  78. 54425.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Compensatory Education [54420 - 54425] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If these compensatory education advisory committees are created under a compensatory education plan, their selection procedures must make parents a majority and require parent representatives to be elected by parents of participating pupils. A school advisory committee may also designate a school site council to serve that role for up to two years.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Compensatory Education [54420 - 54425] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 54425. (a) Whenever a districtwide school advisory committee on compensatory education programs has been established pursuant to a compensatory education plan, the procedures adopted for the selection of the district advisory committee shall specify that parents shall constitute a majority of the membership of the district advisory committee and shall require that the parent representatives be elected by the parents of pupils participating in a program of compensatory education residing in the district. (b) Whenever a school advisory committee on compensatory education programs has been established pursuant to a compensatory education plan, the procedures adopted for the selection of the school advisory committee shall specify that parents shall constitute a majority of the membership of the school advisory committee and shall require that parent representatives be elected by the parents of pupils participating in a program of compensatory education at that school. For purposes of this subdivision, a school advisory committee on compensatory education programs may designate a school site council established pursuant to Section 52012 or 52851 to function as the school advisory council on compensatory education for all purposes required by applicable statutory provisions and regulations for a period of up to two years. (Added by Stats. 1982, Ch. 206, Sec. 11. Effective May 18, 1982.)
  79. 54440.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says the Legislature finds that many children of migratory agricultural workers or migratory fishermen face serious schooling and related difficulties, and that the state needs to help local school districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 54440. The Legislature finds and declares all of the following: (a) A significant number of children under 18 years of age whose parents are migratory agricultural workers or migratory fishermen reside in California for at least a part of each year. These children, from among the least affluent segments of American society, tend to move frequently, attend school irregularly, and suffer health problems and language barriers. This results in many becoming early school dropouts, poorly prepared to enter the workforce or for academic success and upward social mobility. (b) The problems of children of migratory agricultural parents and of migratory fisherman parents are of such magnitude and severity that local school districts have been unable to solve them with the resources normally available. It is, therefore, necessary for the state to aid local school districts through regional coordinating offices and the provision of special programs of educational and related services for these children. (Amended by Stats. 2010, Ch. 274, Sec. 1. (SB 331) Effective January 1, 2011.)
  80. 54441.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines key terms used in the migrant children 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 54441. The definitions set forth in this section shall govern the interpretation of this article. (a) “Currently migratory child” means a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding their identification as such a child, in order that the child, a parent, guardian, or other member of the immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the child’s eligibility for migrant education services. “Currently migratory child” includes a child who, without the parent or guardian, has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity. (b) “Former migratory child” means a child who was formerly eligible to be counted and served as a currently migratory child within the past five years, but who is no longer a currently migratory child, and who lives in an area served by an ESEA Title I Migrant Education project, and whose parents have been informed of the child’s eligibility for migrant education services but have not removed the child from the program. (c) “Agricultural activity” means any activity directly related to the production or processing of agricultural products and the cultivation or harvesting of trees. (d) “Fishing activity” means any activity directly related to the catching or processing of fish or shellfish for initial commercial sale or as a principal means of personal subsistence. (e) “Operating agency” means a local educational agency operating under a subgrant of state migrant education funding, or a public or private nonprofit agency under a special arrangement with the department to carry out a migrant education program. (f) “Migrant region” means an operating agency comprised of a county office of education or a combination of county offices of education, a combination of school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of county offices of education and public or private nonprofit agencies, meeting the criteria of subdivision (a) of Section 54444.1. (g) “Quality control” means the development of program quality standards by the state and the conduct of quality review procedures and processes at the operating agency, school district, and school level by state and other professional staff and parents, in conjunction with other interested parties, on a regular basis to assure the maintenance of high quality migrant education programs. (h) “Supplementary services” means services provided to migratory children which are above the services already provided by a school or school district to other children of that school or school district. (i) “Average monthly enrollments” means the average monthly number of pupils who are enrolled in a migrant education program. Average monthly enrollments shall be computed by totaling the number of migrant pupils reported by an operating agency during the months of September to June, inclusive, and dividing that total by 10. (j) “Department” means the State Department of Education. (k) “Superintendent” means the Superintendent of Public Instruction. (Amended by Stats. 2025, Ch. 185, Sec. 2. (AB 1255) Effective October 1, 2025.)
  81. 54441.5.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    With a parent’s concurrence, a child identified as a migrant child may be treated as a migrant child for up to three years while the child lives in an area where migrant child programs are offered.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 54441.5. With the concurrence of the child’s parent, a child who has been identified as a “migrant child” may be deemed a migrant child for a period, not in excess of three years, during which the child resides in an area where programs are provided for migrant children. Priority for the provision of services shall be consistent with federal statutes and regulations governing migrant education programs. (Amended by Stats. 2010, Ch. 274, Sec. 2. (SB 331) Effective January 1, 2011.)
  82. 54442.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The state board must adopt a state master plan for services to migrant 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 54442. The state board shall adopt a state master plan for services to migrant children. The plan shall include all of the following: (a) Instructional activities on a regular and extended year basis. These activities shall be designed to identify, assess, and provide treatment for academic deficiencies of migrant children. Special emphasis shall be given to oral and written communications, reading, and mathematics. Small group or individual instruction and tutorial services shall be provided to assist migrant children to attain normal progress rates in all subject areas. All instructional services shall be provided as supplements to regular programs of instruction provided by the public schools for all children. (b) Health and welfare services. These services shall be designed to identify, assess, and provide treatment for conditions that interfere with the education and learning of migrant children, including dental, emotional, or environmental conditions. To the extent possible, existing community resources will be utilized to provide these services. (c) Preservice and in-service education of professional and nonprofessional personnel. This education shall be planned to prepare school administrators, teachers, aides, and other personnel to meet the special needs of migrant children. (d) Supportive services including transportation, family liaison, and other services necessary to the success of the programs. (e) Child development activities including, but not limited to, social, sensorimotor, conceptual and language development, and perceptual discrimination activities for migrant infants and prekindergarten children who are too young to participate in instructional services normally provided by the public schools. (f) The active involvement of parents, teachers, and community representatives in the local implementation of migrant education programs. (Amended by Stats. 2010, Ch. 274, Sec. 3. (SB 331) Effective January 1, 2011.)
  83. 54443.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A project may serve former migratory children only when doing so will not block currently migratory children or reduce the effectiveness of the state migrant education 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 54443. (a) Migratory children shall be served according to their needs in the following order: (1) School-aged currently migratory children. (2) School-aged former migratory children. (3) Preschool currently migratory children. (4) Preschool former migratory children. (b) A project may provide instructional or supporting services to former migratory children only if the participation of these children does not prevent the participation of currently migratory children in the same preschool or school-aged group, and does not dilute the effectiveness of the state migrant education program for currently migratory children. (c) Eligibility provisions shall be determined in a manner consistent with federal statutes and regulations. (Repealed and added by Stats. 1981, Ch. 942, Sec. 4. Operative July 1, 1982, by Sec. 12 of Ch. 942.)
  84. 54443.1.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Migrant education programs must include specific assessments, services, staffing, evaluation, and application-related coordination steps.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 54443.1. Migrant education programs shall include all of the following: (a) An individual assessment of the educational and relevant health needs of each participating pupil within 30 days of enrollment. This assessment shall include assessments concurrently provided pursuant to compensatory education, bilingual-crosscultural education, school improvement programs, and other programs serving the pupil. (b) A general needs assessment developed in compliance with federal requirements summarizing the needs of the population to be served. (c) A comprehensive program to meet the educational, health, and related needs of participating pupils which is supplemental to the program the operating agency is otherwise required to provide. The program shall include, but need not be limited to, the following: (1) Academic instruction. (2) Remedial and compensatory instruction. (3) Bilingual and crosscultural instruction. (4) Career technical instruction. (5) Counseling and career education services. (6) Preschool services in accordance with Section 54443. (7) Other educational services that are not available in sufficient quantity or quality to eligible migratory children. (8) The acquisition of instructional materials and equipment necessary to adequately provide the appropriate services. (9) Other related services to meet the special needs of eligible migratory children that are necessary to enable these children to effectively participate in instructional services. (10) The coordination and teaming of existing resources serving migrant pupils, such as bilingual-crosscultural education, health screening, and compensatory education. (d) A brief individual learning plan listing the services to be provided to each pupil shall be provided in writing or at a parent conference to the parent or guardian of each participating pupil, annually and each time the pupil moves to a new district. (e) Staffing and staff development plans and practices to meet the needs of pupils and implement the program. (f) Parent and community involvement as specified in Section 54444.2. (g) Evaluations that shall include annual pupil progress and overall program effectiveness and quality control reports. (h) School districts and other education agencies shall be eligible to apply for funding to serve migrant pupils upon application to their respective region, or, if they meet the criteria established in subdivision (b) of Section 54444.1, to the department. Operating agencies shall include in their application a description of how the entities will coordinate the planning, budgeting, and operation of the migrant education programs with the planning, budgeting, and operation of other federal and state education programs addressing the needs of the same or similar pupils of the operating agency. The description shall include time lines and cover services provided through school improvement, nonmigrant Title I, state compensatory and limited- and non-English proficient, Title VII, and other funds. If the application meets state and federal requirements, negotiations for an appropriate service agreement shall begin involving the parties listed in subdivision (a) or (b) of Section 54444.1. (Amended by Stats. 2010, Ch. 274, Sec. 4. (SB 331) Effective January 1, 2011.)
  85. 54444.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction may contract with local school authorities and cooperate with other governments or agencies to provide migrant children’s 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 54444. In implementing the plan adopted by the State Board of Education, the Superintendent of Public Instruction is authorized to: (a) Contract with county superintendents of school or local educational agencies to supply services to migrant children residing within specified geographical regions. (b) Enter into agreements or otherwise cooperate with other states or agencies of the state or the federal government in providing or coordinating services to migrant children including the Mini-Corps Program as well as participation in or utilization of the Migrant Student Record Transfer System, or other equivalent information systems as may be used by the state. (Amended by Stats. 1981, Ch. 942, Sec. 6. Operative July 1, 1982, by Sec. 12 of Ch. 942.)
  86. 54444.1.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent must set up and oversee the regional service system for migrant children, and cannot fold the program into the consolidated application process except as allowed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 54444.1. (a) In implementing the state master plan for services to migrant children, the Superintendent shall establish the service regional system as the primary method for the delivery of services to migrant children. The Superintendent shall review and approve plans for the establishment of service regions and shall incorporate the following criteria in the approval of regional plans: (1) The boundaries of regions shall include all geographic areas with migrant and seasonal agricultural workers and fishermen. (2) Regional service centers shall be located in areas with high concentrations of migrant and seasonal agricultural workers and fishermen. Regional headquarters shall be located as follows: (A) In areas requiring large numbers of these workers for a period of at least two consecutive months during each year. (B) In areas that normally contract for migrant and seasonal agricultural workers with families rather than single adults. (C) In areas where migrant and seasonal agricultural workers are involved in the transition from hand labor to mechanization. (3) Regions shall be located in each geographic area of the state, except areas within the boundaries of directly funded districts. (4) Except areas within the boundaries of directly funded districts, regions shall be contiguous to one another and should have no less than 1,500 migratory children. In no event shall a county be split among two separate regions in order to meet the requirements of this paragraph. (5) Regions shall be organized so as to provide quality services to all affected parties and maintain fiscal procedures in conformity with requirements adopted by the department. (6) The boundaries of regions shall be drawn in a manner that avoids excessive commuting by personnel or by participants in the programs, not to exceed 100 miles from the schoolsite to the operating agency. (7) If a proposed region cannot meet the criteria established in paragraph (4) or (6), it may request that the criteria be waived by the state board. The waiver request shall be based upon a study, conducted by the entities, including their respective parent advisory councils, comprising the proposed region, that explains why the waiver is required and that describes likely outcomes if the waiver is not granted. (b) An agency meeting the criteria set forth in this subdivision and subdivision (f) of Section 54441 may apply to the department for designation as a region. The application shall be in a format with sufficient information and at times designated by the Superintendent. The application shall include documentation of active participation, review and comment by the appropriate parent advisory councils, and signatures by parent advisory council chairpersons that the review and comment has taken place, and shall further include documentation that the agencies and parent representative comprising the proposed region have met as a group prior to submission of the application and have agreed upon the formation of, and participation in, the region and a general delineation of the services which will be provided in the region. Directly funded districts shall be invited by the regions to participate in regional activities and meetings. Staff and parent advisory council members in the districts shall also be invited to regional inservice activities and conferences. (c) The department may directly fund local educational agencies, in whole or in part, to provide services to eligible migrant children if it is cost effective to do so; if the applicant agency serves not less than 1,500, nor more than 8,000, currently migratory children; has sufficient programmatic and fiscal resources to deliver an effective migrant education program; is in compliance with the federal and state requirements regarding migrant education programs; maintains an ongoing and functional parent advisory council that has voted on a biennial basis to approve the participation in the directly funded program, including the approval of a majority of the members who are the parents of migrant children; and maintains fiscal procedures in conformity with the requirements adopted by the department. All districts that are directly funded on January 1, 1982, may continue to be funded directly, provided that the districts comply with the criteria prescribed by this subdivision, except for the size criterion. (d) The responsibilities of the various parties involved in the delivery of services to migrant children shall be set forth in a service agreement. A service agreement shall be a legally binding contract signed by the duly constituted authorities at the state, county, district, or private or public nonprofit agencies, or a combination thereof. In the regional delivery system, there shall be two parties to every service agreement; the region and the district or other operating agencies in which the eligible migrant pupils are enrolled. When a district or agency is funded directly by the state, the parties to the service agreement shall include the department and the district or operating agency in which the eligible migrant pupils are enrolled. The basic responsibilities of these three parties shall be as specified in Section 54444.4. The parties, whether regional or directly funded, shall take the necessary steps to ensure the effective involvement of the migrant parent advisory committee for that district or agency. Representatives of the migrant parent advisory committee shall have the right to be present and participate in all deliberations between the parties regarding the service agreement or any subsequent changes thereto. The service agreement shall include a signed statement from the officers of the migrant parent advisory committee signifying that the participation has occurred. (e) The Superintendent shall develop an annual operating calendar for regions and directly funded districts, including dates for the submission and approval of applications and service agreements. Any changes in regional boundaries for the subsequent fiscal year shall be made and approved by December 31 of the current year. Any changes in funding allocations for regions shall be made by December 31 of the current year or immediately after notification of a federal grant award. (f) The Superintendent shall preserve the supplemental nature of the migrant education program. The program shall be maintained outside the supervision or above the administrative level of the consolidated application programs. The Superintendent shall not incorporate the migrant education program into the consolidated application process, except as provided below: (1) Directly funded districts may apply for migrant education funds as part of their consolidated application provided the district parent advisory council on migrant education approves the inclusion. (2) A copy of the district’s annual application for migrant education funds as required by subdivision (h) of Section 54443.1 shall be attached to the district’s annual consolidated application. (Amended by Stats. 2010, Ch. 274, Sec. 5. (SB 331) Effective January 1, 2011.)
  87. 54444.2.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent must support parental involvement in the state migrant education program, including parent advisory councils, training, reports, and related materials.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 54444.2. (a) The Superintendent shall take the steps necessary to ensure effective parental involvement throughout the state migrant education program, which shall include, but need not be limited to, all of the following: (1) The Superintendent shall adopt rules and regulations requiring each operating agency receiving migrant education funds or services to actively solicit parental involvement in the planning, operation, and evaluation of its programs through the establishment of, and consultation with, a parent advisory council. (A) The membership of each parent advisory council shall be composed of members who are knowledgeable of the needs of migrant children, and shall be elected by the parents of migrant children enrolled in the operating agency’s programs. The composition of the council shall be determined by the parents at a general meeting to which all parents of pupils enrolled in the migrant program shall be invited. Parents shall be informed, in a language they understand, that the parents have the sole authority to decide on the composition of the council. All parent candidates for the council shall be nominated by parents; nonparent candidates shall be nominated by the groups they represent: teachers by teachers, administrators by administrators, other school personnel by other school personnel, and pupils by pupils. All other community candidates shall be nominated by the parents. Each parent advisory council shall hold meetings on a regular basis during the operation of the regular program, but not less than six times during the year. (B) At least two-thirds of the members of each parent advisory council shall be the parents of migrant children. Each parent advisory council shall have the responsibilities listed in subdivision (a) of Section 54444.4. (2) The Superintendent shall establish a statewide parent advisory council that shall participate in the planning, operation, and evaluation of the state migrant education program. The membership of the statewide parent advisory council shall be composed of members who are knowledgeable of the needs of migrant children, and shall be nominated and elected by the parents of migrant children enrolled in the operating agencies. At least two-thirds of the members of the State Parent Advisory Council shall be the parents of migrant children. The state council shall meet a minimum of six times a calendar year to provide input on issues relating to the operation of the program. Special meetings may be called at the discretion of the state director. (3) (A) (i) The Superintendent also shall sponsor a biennial State Parent Advisory Council Conference. The conference shall be scheduled during the spring. (ii) The Superintendent may sponsor regional conferences to take the place of the State Parent Advisory Council Conference if the Superintendent determines that regional conferences will increase parent participation. (B) Every three years, the State Parent Advisory Council shall prepare and submit a report to the Legislature, pursuant to Section 9795 of the Government Code, the state board, the Superintendent, and the Governor regarding the status of the migrant education program. The report shall be submitted within 120 days from the conclusion of a training program on preparing the report provided by the Superintendent in accordance with paragraph (5). (C) The report shall include an evaluation of the migrant education program, as required pursuant to paragraph (2), a review of annual needs and a yearend assessment, as required pursuant to paragraph (2) of subdivision (a) of Section 54444.4, and policy recommendations. (4) The Superintendent and each operating agency shall furnish, without charge, to the statewide and operating agency parent advisory councils and, upon request, to each member, a copy of all applicable state and federal migrant education statutes, rules and regulations, and guidelines. In addition, the Superintendent and each operating agency shall furnish, without charge, to the statewide and operating agency parent advisory councils and, upon request, to each member, copies of all applicable state and federal audits, monitoring reports, and evaluations. (5) The Superintendent and each operating agency shall establish and implement training programs for members of the statewide and operating agency parent advisory councils to enable them to carry out their responsibilities. Each training program shall be developed in consultation with the parent advisory councils, and shall include appropriate training materials in a language understandable to each member. Costs incurred in providing training under this paragraph, including federally authorized expenses associated with the attendance of members at training sessions, shall be funded, to the extent that funds are available, by federal funds allocated to the state, based upon the educational and related health needs of migratory children defined in subdivisions (a) and (b) of Section 54441, and may be supported by funds from the state migrant education program. (b) Each operating agency that provides services on a statewide basis shall be exempt from the requirement that it create its own parent advisory council, but shall consult the statewide parent advisory council in the planning, operation, and evaluation of its programs. (c) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (a) or any other law, all requirements for 2020 nominations and elections for parent advisory councils shall be suspended until September 1, 2020. (d) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (a), parent advisory councils shall meet at least three times in the 2020 calendar year. (e) Notwithstanding paragraph (2) of subdivision (a), the State Parent Advisory Council shall meet at least three times in the 2020 calendar year. (f) Notwithstanding subparagraph (A) of paragraph (3) of subdivision (a), the Superintendent shall not be required to sponsor a biennial State Parent Advisory Council Conference in the 2020 calendar year. (Amended by Stats. 2020, Ch. 24, Sec. 60. (SB 98) Effective June 29, 2020.)
  88. 54444.3.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Operating agencies receiving Title I Migrant Education funding must run summer school for eligible migrant children and meet specified program, staffing, timing, approval, and facility 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 54444.3. (a) Each operating agency receiving federal Title I Migrant Education funding shall conduct summer school programs for eligible migrant children in kindergarten and grades 1 to 12, inclusive. The summer school programs shall respond to the individual needs of participating pupils, and shall build on and be consistent with the instructional programs offered to these pupils during the regular school year. Each summer school program shall be funded, to the extent that funds are available, by federal funds earmarked for migrant education programs, and shall meet all of the following criteria: (1) (A) That summer school programs meet the following time requirements: (i) For kindergarten classes, not less than 180 minutes per day, based upon the full apportionment day of 240 minutes, including recesses, for not less than 20 teaching days. (ii) For grades 1 to 8, inclusive, not less than 200 minutes per day, based upon the full apportionment day of 240 minutes, including recesses and passing time but excluding noon intermissions, for not less than 20 teaching days. (iii) For grades 7 to 12, inclusive, not less than 240 minutes per day, including passing time but excluding noon intermissions, for not less than 30 teaching days. (B) Exemptions from the requirements of this paragraph may be made by the Superintendent upon petition submitted to the Superintendent by the school district. The basis for the exemption shall be agricultural labor factors, climatic conditions, specialized educational programs, and other conditions appearing to the Superintendent to warrant exemption. (C) For purposes of this paragraph, holidays designated in Section 37220 other than Saturday and Sunday may be deducted from the required number of teaching days. (2) That the program has been established with the prior written approval of the Superintendent based upon the submission of an application that is in the form prescribed and furnished by the Superintendent. Each application shall designate the persons who will exercise administrative or supervisorial responsibilities for the summer school program, and shall be submitted before the establishment of the summer school program. (3) That the summer school program contains coursework that is of the same level of difficulty in each subject as that provided to pupils enrolled in regular classes of instruction within the school district in the preceding year. (4) That instructional programs are taught by staff with cultural training or background and understanding of the special needs of migrant children, and who are properly credentialed for the subjects and grade levels to which they are assigned. (5) That the summer school program supplements other summer school programs, whether required or optional and whether federally or state funded, operated by the school district, including the programs for graduating high school seniors, handicapped children, pupils enrolled in grade 11, pupils enrolled in any of grades 7 to 12, inclusive, who do not meet the school district’s adopted proficiency standards, and eligible compensatory education pupils. (b) (1) Each school district, county office of education, and community college district shall, upon request, make facilities available at cost for the operation of migrant summer school programs whenever they are available. Where available, these facilities shall be suitable for the summer climate. The Superintendent may allow neighboring districts to jointly offer facilities if the Superintendent determines that the use of one district’s facilities for an area will adequately meet the needs of the migrant summer school program for the entire area. (2) If the Superintendent determines that requests from prospective users of these facilities were denied without just cause, the Superintendent shall reduce the school district’s or county superintendent’s entitlement from Section A of the State School Fund by an amount equal to one thousand dollars ($1,000) or four times the costs to the prospective user for alternative facilities for the entire period for which the facilities were requested, whichever is greater. (c) Notwithstanding subdivision (b), school districts, county offices of education, and community college districts that have closed their facilities due to the COVID-19 pandemic are not required to make facilities available for migrant summer school programs in the 2020 calendar year. (d) Summer school programs required by this section may be offered through distance learning for the 2020 calendar year. (e) The time requirements in subdivision (a) are waived for the 2020 calendar year. However, local educational agencies are encouraged to offer the minimum instructional minute requirements to the extent practicable for the 2020 calendar year. (Amended by Stats. 2020, Ch. 24, Sec. 61. (SB 98) Effective June 29, 2020.)
  89. 54444.4.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section lists the responsibilities of parent advisory councils, school districts or other agencies serving migrant pupils, the region, and the State Board of Education and 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 54444.4. (a) The responsibilities of parent advisory councils at the district, regional, and state levels shall include, but are not limited to, all of the following: (1) The establishment of migrant education program goals, objectives, and priorities. (2) The review of annual needs and year-end assessment, as well as program activities, for each school, and a review of individualized educational plans. (3) Advice on the selection, development, and reassignment of migrant education program staff. (4) Active involvement in the planning and negotiation of program applications and service agreements required under Section 54444.1. (5) All other responsibilities required under state and federal laws or regulations. (b) The responsibilities of the school districts or other agencies operating programs for migrant pupils include, but are not limited to, all of the following: (1) Providing services in compliance with applicable state and federal laws or regulations. (2) Providing information to parents. (3) Providing support to instructional staff. (c) The responsibilities of the region include, but are not limited to, the following: (1) Providing funding to operating agencies within its jurisdiction in accordance with service agreements. (2) Providing technical assistance to operating agencies operating under service agreements. (3) Providing interagency coordination to improve the services available to participating pupils. (4) Providing training for the parents and members of district, regional, and school parent advisory councils. (5) Providing or arranging for staff development services for migrant education staff at the school and district levels. (6) Providing direct services required pursuant to a service agreement entered into by the region. (d) The responsibilities of the State Board of Education and the department shall be as set forth in the State Master Plan for Migrant Education developed under Section 54442. (Added by Stats. 1981, Ch. 942, Sec. 10. Operative July 1, 1982, by Sec. 12 of Ch. 942.)
  90. 54444.5.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section protects certain employees during service-region reorganizations, preserves their salary and benefits, gives some employees transfer or election options, and requires seniority-based hiring.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 54444.5. The reorganization of service regions established pursuant to Section 54444.1 shall not affect the right to retain salary, leaves, and other benefits of persons employed in positions that do not require certification as follows: (a) An employee of a service region that is included in any other service region shall become the employee of the new service region if the new service region has an equivalent vacant position that the new service region elects to fill in its program for migratory children. (b) When a portion of the service region of a regional service center becomes part of another regional service center, an employee regularly assigned to perform duties in the service region affected shall become the employee of the acquiring regional service center if the acquiring regional service center has an equivalent vacant position that the acquiring regional service center elects to fill in its program for migratory children. An employee whose assignment pertained to the affected service region, but whose employment site was not in the service region, may elect to remain with the original regional service center or become the employee of the acquiring regional service center if the acquiring regional service center has an equivalent vacant position that the acquiring regional service center elects to fill in its program for migratory children. (c) When the service region of any regional service center is divided between, or among, two or more regional service centers and the original regional service center ceases to exist, an employee of the original regional service center regularly assigned to perform duties in any specific service region shall become the employee of the regional service center acquiring the service region if the acquiring regional service center has an equivalent vacant position that the acquiring regional service center elects to fill in its program for migratory children. An employee not assigned to a specific service region within the original regional service center shall become the employee of any acquiring regional service center at the election of the employee if the acquiring regional service center has an equivalent vacant position that the acquiring regional service center elects to fill in its program for migratory children. (d) If, pursuant to this section, an employee of a service region is unable to become an employee of a new or acquiring service region because there are no equivalent vacant positions available in the new or acquiring service region, that employee shall be placed on an eligibility list for an equivalent position for the migrant education program in the new or acquiring service region for a period of not less than 39 months. (e) A service region that employs individuals pursuant to this section shall do so on a seniority basis. (Added by Stats. 1999, Ch. 691, Sec. 1. Effective October 10, 1999.)
  91. 54445.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Board of Education must adopt rules and regulations needed 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Migrant Children [54440 - 54445] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 54445. The State Board of Education shall adopt rules and regulations necessary to implement the provisions of this article. (Enacted by Stats. 1976, Ch. 1010.)
  92. 54450.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.5. Newcomer Pupils [54450- 54450.] ( Article 3.5 added by Stats. 2023, Ch. 342, Sec. 4. )

    Verify source ↗

    The department must publish and maintain website information for newcomer pupils and report their enrollment annually.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.5. Newcomer Pupils [54450- 54450.] ( Article 3.5 added by Stats. 2023, Ch. 342, Sec. 4. ) ## 54450. (a) For purposes of this section, “newcomer pupil” has the same meaning as “immigrant children and youth,” as defined in Section 7011(5) of Title 20 of the United States Code. (b) The department shall conduct all of the following activities in support of the education of newcomer pupils: (1) Curate and maintain on its internet website information regarding requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils’ success in school. This information shall include, but not be limited, to all of the following: (A) The requirements of Sections 51225.1, 51225.2, and 60811.8 for newcomer pupils. (B) The requirement to provide English language development instruction for those newcomer pupils classified as English learners, and best practices for English language development instruction for newcomer pupils. (C) Local discretion in grade placement of newcomer pupils. (D) Local discretion to enroll pupils for more than four years of high school instruction. (E) Information about how the use of coursework completed in languages other than English in other countries may fulfill the world language course requirement for graduation pursuant to Section 51225.3 and the admissions requirements of the University of California and the California State University. (F) Resources for the evaluation of foreign transcripts. (G) Resources for support of newcomer pupils with disabilities. (H) Information about the California Newcomer Education and Well-Being Program (CalNEW) program authorized by Section 13265 of the Welfare and Institutions Code. (I) Information about programs authorized under the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6 of Division 1 of Title 1). (2) Publicly report on an annual basis on its internet website on the enrollment of newcomer pupils, using data currently collected pursuant to federal law, including statewide and local educational agency and charter school enrollment, disaggregated by country of origin. (Added by Stats. 2023, Ch. 342, Sec. 4. (AB 714) Effective January 1, 2024.)
  93. 54460.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Administration [54460 - 54465] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    The State Board of Education appoints the Director of Compensatory Education, on the Superintendent of Public Instruction’s nomination, and the director is subject to state civil 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Administration [54460 - 54465] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 54460. There is in the Department of Education the office of Director of Compensatory Education. The Director of Compensatory Education shall be appointed by the State Board of Education, upon nomination by the Superintendent of Public Instruction, and he shall be subject to state civil service. In performing his duties and responsibilities under this chapter the director shall act as the representative of the Department of Education. The Director of Compensatory Education shall be provided with such facilities and staffing necessary to provide him with such technical and clerical assistance as is required in order for him to carry out his duties under the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  94. 54461.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Administration [54460 - 54465] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section assigns the Director of Compensatory Education broad oversight and coordination duties for compensatory education programs, and requires school districts and local officials to support applications, funding, and program development.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Administration [54460 - 54465] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 54461. The Director of Compensatory Education shall, under the policy direction of the State Board of Education and the administrative direction of the Director of Education, have overall supervision and control of programs of compensatory education provided throughout the state, and shall take action necessary to coordinate all such programs. He shall, pursuant to the provisions of this chapter and the provisions of the Elementary and Secondary Education Act of 1965 and the regulations promulgated thereunder, be responsible for receiving and recommending approval or disapproval to the State Board of Education of local program applications and providing technical and consultative assistance to school districts. The Director of Compensatory Education shall conduct continuing research and study of the subject of programs of compensatory education, involving not only the examination and evaluation of programs established under the provisions of this chapter but comparable undertakings in other states, to the end of effecting improvement in the administration of the programs for compensatory education established under the provisions of this chapter. He shall serve as a clearinghouse and center of information, and shall issue and disseminate to school districts participating in programs established under this chapter or otherwise affected by problems presented by the presence of disadvantaged minors anywhere, such publications and results of investigations as will tend to foster the establishment of sound programs for compensatory education and to enhance their effectiveness. He shall collect and provide information concerning sources of federal, state, and local public funds, and private funds, which may be available for compensatory education purposes. It shall be the responsibility of the local officials and agencies of the public school system to take necessary measures to secure all outside financial assistance which may be available. The State Board of Education, on recommendation of the Director of Compensatory Education, shall determine the eligibility of applicant school districts for grants provided under this chapter. Applications for approval of programs and for grants shall be comprehensive in scope. Applicant districts shall, to the extent practicable, provide programs at all grade levels, but special emphasis is to be given programs provided at the preschool and early elementary grade levels. (Enacted by Stats. 1976, Ch. 1010.)
  95. 54462.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Administration [54460 - 54465] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Board of Education must adopt rules and regulations to carry out this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Administration [54460 - 54465] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 54462. The State Board of Education shall adopt rules and regulations necessary to implement the provisions of this chapter, including rules and regulations which: (a) Prescribe the procedure by which a district shall identify disadvantaged minors. (b) Establish minimum standards for programs. (c) Require the annual submission of such reports by school districts as will permit the evaluation of the programs of compensatory education and the accumulation of data and information which will be useful in developing suggestions, policies, and requirements for improvement of such programs generally. (Enacted by Stats. 1976, Ch. 1010.)
  96. 54463.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Administration [54460 - 54465] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    The State Board of Education may approve, withhold approval of, or disapprove programs of compensatory education, after recommendation from the Director of Compensatory Education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Administration [54460 - 54465] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 54463. The State Board of Education, on the recommendation of the Director of Compensatory Education, shall, for purposes of this chapter, in accordance with the provisions of this chapter and the rules and regulations of the State Board of Education implementing the same, have the power to approve, withhold approval of, or disapprove of any program of compensatory education. (Enacted by Stats. 1976, Ch. 1010.)
  97. 54464.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Administration [54460 - 54465] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A compensatory education project cannot be recommended or approved unless the required teacher and certificated staff hold a regular credential, but the Director may waive that requirement if the district provides satisfactory evidence.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Administration [54460 - 54465] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 54464. The Director of Compensatory Education shall not recommend, and the State Board of Education shall not approve, a project or program in compensatory education without assurance that the teacher in the class in which the project or program is to be conducted and other certificated personnel required to provide services under the project or program hold a regular credential. The Director of Compensatory Education may waive this requirement where the school district submits evidence which is satisfactory to him that provisionally credentialed teachers have been provided through an established career opportunities program, a teacher corps program, or through a district career development plan designed to provide employment opportunities, concurrent training, and career advancement for capable persons of low-income background who wish to enter the teaching profession. (Enacted by Stats. 1976, Ch. 1010.)
  98. 54465.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Administration [54460 - 54465] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Director of Compensatory Education may set priorities for compensatory education programs run by school districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Administration [54460 - 54465] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 54465. For all purposes of this chapter the Director of Compensatory Education may array and assign priorities to the programs of compensatory education maintained by the different school districts on the basis of numbers, concentration or density of disadvantaged pupils in particular areas. (Enacted by Stats. 1976, Ch. 1010.)
  99. 54480.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts may receive grants for approved projects to hire and train teachers for kindergarten through grade 6, plus needed materials and supplies, aiming for a 25-to-1 pupil-to-teacher ratio.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 54480. From moneys specially appropriated therefor by the Legislature, grants shall be made to school districts pursuant to this article for projects approved by the Director of Compensatory Education involving a particular school or schools to be expended for the employment and in-service education of teachers in grades kindergarten or 1 through 6, with special emphasis on kindergarten and primary grades, and any needed teacher materials and supplies to the end that the number of pupils in these grades in relation to each full-time equivalent classroom teacher in the particular school will be reduced to a ratio of 25 to 1. For purposes of this article a full-time equivalent classroom teacher is a person employed in a position requiring certification qualifications and whose duties require him to teach pupils in regular day classes for the full time for which he is employed during the regular schoolday. In computing the total number of full-time equivalent classroom teachers, there shall be included, in addition to the employees defined in the preceding sentence, the full-time equivalent of all fractional time for which employees in positions requiring certification qualifications are required to devote to teaching pupils in regular day classes during the regular schoolday. (Enacted by Stats. 1976, Ch. 1010.)
  100. 54481.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says appropriated funds should mainly be used to hire teachers to keep class sizes at a 25-to-1 ratio, with special attention to kindergarten and primary grades.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 54481. It is the intent and purpose of the Legislature that the money appropriated for the purposes of this article be expended primarily for the employment of teachers to the end that the number of pupils in the designated grades in relation to each full-time equivalent classroom teacher be reduced to and sustained at a ratio of 25 to 1. Emphases shall be placed on kindergarten and primary grades for the purpose of continuing to provide small classes for children with preschool experiences. The Director of Compensatory Education shall consider this intent in approving projects submitted pursuant to this article. In the event an applicant district is unable to employ the number of teachers necessary to effect the purposes of this article, the Director of Compensatory Education, notwithstanding the provisions of Section 54480, is authorized to approve projects that provide for the employment of noncertificated teachers’ aides for grades kindergarten or 1 through 6, inclusive, to the end that the number of pupils in those grades in relation to the number of both classroom teachers and teachers’ aides employed for such grades shall not exceed 20 to 1. All teachers’ aides shall be trained in a specially designed in-service education program. Not more than 25 percent of the total allocated to a school district shall be devoted to the employment of teachers’ aides. The use of any portion of the total allocated shall be approved for the employment of noncertificated teachers’ aides by the Director of Compensatory Education only upon certification of the applicant district, approved by the county superintendent of schools which has jurisdiction over the applicant district, that teachers are unavailable for employment in accordance with the primary legislative intent of this article. (Enacted by Stats. 1976, Ch. 1010.)
  101. 54482.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts may employ qualified teachers’ aides, but the aides must be supervised by certificated staff, cannot do unauthorized administrative work, and must be paid at least the federal minimum hourly wage.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 54482. Noncertificated teachers’ aides employed under this article shall be under the immediate supervision and direction of certificated classroom teachers and shall not be utilized to carry out administrative duties other than those administrative duties which may be assigned by the classroom teacher. A school district may employ as a teachers’ aide any person determined to be qualified, including pupils in attendance in grades 11 and 12 in high schools, and students in attendance in community colleges and in colleges and universities. The employment may be on a regular full-time, or on a part-time basis. The employment of pupils in attendance in grades 11 through 14, in public high schools and community colleges, shall be arranged so that no reduction in attendance credit and State School Fund apportionments results therefrom. Teachers’ aides shall be compensated by the employing school district at a rate no lower than the federal minimum hourly wage for time in which service was actually performed. A person employed as a teachers’ aide shall be under the direct supervision of a certificated employee of the school district for no less than 75 percent of the time for which he is engaged in the performance of the duties during any day. The employment of college and university students as teachers’ aides may, where appropriate, be undertaken for student teaching credit purposes. (Enacted by Stats. 1976, Ch. 1010.)
  102. 54483.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Director of Compensatory Education must designate target poverty areas, allocate program funds among those areas, and approve eligible school district projects. The Director may also allow funds to be used outside designated areas if a school district requests 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 54483. The Director of Compensatory Education, acting pursuant to rules and regulations adopted by the State Board of Education, upon the advice of the Directors of the Departments of Finance, Social Services, Employment Development, and Industrial Relations, shall designate the most concentrated areas of poverty and social tension in the state, taking into consideration such factors, among others, as the high incidence of poverty and low family and per capita incomes, unemployment, juvenile delinquency, persons receiving assistance under the program of aid to families with dependent children, and especially the low level of academic achievement by pupils in the public schools. The Director of Compensatory Education shall allocate the funds available for programs under Section 54480 proportionately by public school population among the areas designated by him. He shall then approve projects proposed to be undertaken by school districts within such areas at particular schools with the highest concentration of low-income children and with the lowest records of academic achievement. Funds not fully utilized in one designated area may be reallocated to the other designated areas. Upon the request of a school district, the Director of Compensatory Education may authorize funds to be used outside the designated areas to serve children from the designated areas. (Amended by Stats. 1978, Ch. 429.)
  103. 54484.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Apportionments under this article must be ordered by the Superintendent of Public Instruction, issued by warrant of the State Controller, and spent as directed by the Director of Compensatory Education, with a cap of 5% for in-service education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 54484. Apportionments for purposes of this article shall be made upon order of the Superintendent of Public Instruction and by warrant of the State Controller. Moneys apportioned shall be expended precisely as directed by the Director of Compensatory Education, with not more than five percent (5%) of the total apportionments expended for in-service education. (Enacted by Stats. 1976, Ch. 1010.)
  104. 54485.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district apportionments under this article must be granted without any matching requirement, and the Director of Compensatory Education must use a specified teacher-salary-based allocation factor when making allocations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 54485. Apportionments to a school district shall be in the form of grants, no part of which shall be required to be matched by a district as a condition to receiving state aid under this article. In making allocations pursuant to this article the Director of Compensatory Education shall use an allocation factor equivalent to the average statewide teacher salary per full-time equivalent classroom teacher. (Enacted by Stats. 1976, Ch. 1010.)
  105. 54486.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Director of Compensatory Education must require the class size reduction project to be coordinated with the district’s compensatory education plan and evaluation report, and require a significant portion of district funds to be used 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 54486. The Director of Compensatory Education shall require that the class size reduction project undertaken pursuant to this article be coordinated with and be an integral part of the school district’s overall compensatory education plan and evaluation report, and that a significant portion of all funds which may be received by a district for purposes of this chapter shall be devoted to the purposes of this article. (Enacted by Stats. 1976, Ch. 1010.)
  106. 54520.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says preschool followthrough programs must support early elementary instruction, coordinate with compensatory education programs, and follow the rest of the chapter unless this article says otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 54520. It is the intent and purpose of the Legislature by this article to ensure that the instructional program in the early elementary grades in the public schools will complement preschool programs and reinforce the benefits afforded children who have participated therein, and will be directed to maintaining and raising the levels of educational achievement and potential of such children. Preschool followthrough programs and projects conducted pursuant to this article shall comprise an essential component of compensatory education, and shall be included among and coordinated with other components of compensatory education programs. Except as otherwise specifically provided by this article, such programs and projects shall be subject to all other provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  107. 54521.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts with projects or programs under this article may receive grants, and no matching-fund requirement may be imposed unless needed for federal funding eligibility.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 54521. From funds which may be appropriated therefor by the Legislature, or from federal funds which may be made available for the purpose, grants may be made to applicant school districts which have established projects or programs pursuant to this article. No matching-fund requirements shall be imposed as a condition upon entitlement to any such grant, unless otherwise required for purposes of establishing eligibility for federal funds. The grants shall be disbursed upon order of the Superintendent of Public Instruction and by warrants of the State Controller. Eligibility for grants and the expenditure thereof by the recipient school district shall be provided for by standards and requirements prescribed in rules and regulations of the State Board of Education. (Enacted by Stats. 1976, Ch. 1010.)
  108. 54522.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If California accepts federal funds for this article, it must follow the attached federal conditions. The State Board of Education must carry out the federal statute’s purposes, submit any required state plan, and may revise and administer that plan.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 54522. In accepting federal funds which may be made available for purposes of this article the people of the State of California agree to accept and comply with all conditions and requirements which may be prescribed in connection therewith by or under the authority of federal law. The State Board of Education is designated as the state educational agency which shall carry out the purposes and provisions of any federal statute under which federal funds may be provided for purposes of this article. The board shall formulate and submit to the United States Commissioner or other designated federal officer or agency any state plan which may be required for such purposes, and shall have the power to revise and amend the same, as required, and shall have overall control and direction of its administration. (Enacted by Stats. 1976, Ch. 1010.)
  109. 54524.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Board of Education must provide for pilot preschool followthrough programs and projects in elementary schools that maintain kindergarten through grade 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 54524. The State Board of Education shall provide for the establishment of pilot preschool followthrough programs and projects in schools maintaining grades kindergarten, 1, 2, and 3 at the elementary level. The programs and projects shall be subject to the provisions of Section 54461. (Enacted by Stats. 1976, Ch. 1010.)
  110. 54525.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Pilot preschool followthrough programs must serve eligible disadvantaged minors and include funded program elements such as lower pupil-teacher ratios and related support 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 54525. Pilot preschool followthrough programs and projects shall serve disadvantaged minors in kindergarten, and grades 1, 2, and 3, who have participated in preschool programs conducted pursuant to this chapter or pursuant to any other law of this state, or pursuant to federal law under which funds are provided for the programs, and shall include, to the extent that funds are available, any one or more of the following elements and components (in addition to others which may be determined to be essential under Section 54523): (a) Reduction of pupil-teacher ratios. Reduction of such ratios to 20 to 1, or lower, at the kindergarten level, and to 25 to 1 or lower in grades 1, 2, and 3 at the elementary level, shall be the basic standards to which such efforts shall be directed. (b) Establishment of single-session kindergarten programs, with the individual classroom teacher to be responsible for one, rather than two kindergarten classes. (c) Utilization of teacher aides and other supporting staff personnel. (d) In-service professional study involving instruction and orientation of school district personnel, with emphasis on developing a better understanding of the disadvantaged children and their educational needs, and developing particular teaching techniques to meet those needs. (e) Development of curricula and educational aides to meet the educational needs of disadvantaged children, with emphasis upon improving comprehension of, and facility in, the language, and cultural enrichment, and including the development of new approaches to the teaching of academic subjects which will enhance abstract thinking and sharpen the cognitive skills. (f) Providing comprehensive health services, including medical and dental examinations, programs in nutrition, psychological counseling and speech therapy. (g) Experimentation in grouping of children to realize the maximum benefits for children. (Enacted by Stats. 1976, Ch. 1010.)
  111. 54526.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Pilot preschool followthrough programs and projects must be established across the state in a geographically dispersed way suitable for this article, as determined by the State Board of Education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 54526. Pilot preschool followthrough programs and projects shall be established on the basis of a geographical dispersion throughout the state which is most appropriate for purposes of this article, as determined by the State Board of Education. The programs and projects shall serve as demonstration models for other school districts in the state in the coordination of preschool, kindergarten, and elementary grade instructional programs for the benefit of disadvantaged minors. (Amended by Stats. 1981, Ch. 714, Sec. 99.)
  112. 54529.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Federal funds provided for this article must cover all administrative costs for the State Board of Education and the Department of Education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 54529. Federal funds which may be provided for purposes of this article shall bear all the costs of the administration of the provisions of this article by the State Board of Education and the Department of Education. (Enacted by Stats. 1976, Ch. 1010.)
  113. 54680.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685] ( Article 4 added by Stats. 2023, Ch. 424, Sec. 1. )

    Verify source ↗

    The Dream Resource Center Grant Program is established to create Dream Resource Centers at schoolsites serving grades 9 through 12.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685] ( Article 4 added by Stats. 2023, Ch. 424, Sec. 1. ) ## 54680. (a) The Dream Resource Center Grant Program is hereby established with the goal of creating Dream Resource Centers at schoolsites that serve pupils in grades 9 to 12, inclusive. (b) The purpose of a Dream Resource Center is to provide pupils, including undocumented pupils, in grades 9 to 12, inclusive, with resources that include, but are not limited to, all of the following: (1) Financial aid support. (2) Social services support. (3) State-funded immigration legal services. (4) Academic opportunities. (5) Parent and family workshops. (c) For purposes of this article, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2023, Ch. 424, Sec. 1. (AB 278) Effective January 1, 2024.)
  114. 54681.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685] ( Article 4 added by Stats. 2023, Ch. 424, Sec. 1. )

    Verify source ↗

    The department must administer the Dream Resource Center Grant Program, and local educational agencies may apply for funds. Applications must show a need for a Dream Resource Center or supplemental funding at eligible schoolsites.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685] ( Article 4 added by Stats. 2023, Ch. 424, Sec. 1. ) ## 54681. (a) The department shall administer the Dream Resource Center Grant Program, which shall be a four-year grant program. (b) (1) A local educational agency, including those that have already established a Dream Resource Center at one or more schoolsites, may apply for funds for one or more schoolsites within the local educational agency. (2) An application shall demonstrate the need for a Dream Resource Center at one or more schoolsites within the local educational agency or the need for supplemental funding at one or more schoolsites within the local educational agency that has already established a Dream Resource Center. (Added by Stats. 2023, Ch. 424, Sec. 1. (AB 278) Effective January 1, 2024.)
  115. 54682.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685] ( Article 4 added by Stats. 2023, Ch. 424, Sec. 1. )

    Verify source ↗

    The department must carry out the Dream Resource Center Grant Program by reviewing applications, awarding grants using a tiered point system, setting what data recipients must collect, and deciding how reported data will be collected.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685] ( Article 4 added by Stats. 2023, Ch. 424, Sec. 1. ) ## 54682. The department shall perform all of the following functions in the administration of the Dream Resource Center Grant Program: (a) Review applications and award grants based off of a tiered point system that prioritizes applications for funding as follows: (1) Local educational agencies that are applying for funds for multiple schoolsites shall be given additional points. (2) Local educational agencies in underserved areas, including those in rural areas, shall be given additional points to ensure local educational agencies across the state are given fair opportunities for funding. (3) Local educational agencies that serve a large number of English learners shall be given additional points. (4) Local educational agencies that serve a large number of pupils who are eligible for free or reduced-price meals, as defined in Section 42238.01, shall be given additional points. (5) Award no more than 5 percent of the total funding to supplementing the funding of existing Dream Resource Centers. (b) Identify data to be collected by grant recipients. (c) Identify how the department will collect data reported by grant recipients. (Added by Stats. 2023, Ch. 424, Sec. 1. (AB 278) Effective January 1, 2024.)
  116. 54683.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685] ( Article 4 added by Stats. 2023, Ch. 424, Sec. 1. )

    Verify source ↗

    A grant recipient must use the grant for one of the listed Dream Resource Center 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685] ( Article 4 added by Stats. 2023, Ch. 424, Sec. 1. ) ## 54683. A grant recipient shall use the grant for either of the following purposes: (a) (1) To create a Dream Resource Center that provides pupils with the resources identified pursuant to subdivision (b) of Section 54680. (2) Schoolsites may choose to have the Dream Resource Center solely supported by the schoolsite or can choose to have the Dream Resource Center be supported through memorandums of understanding between the schoolsite and community-based organizations or institutions of higher education. (b) To supplement, but not supplant, funding for an existing Dream Resource Center that provides pupils with the resources identified pursuant to subdivision (b) of Section 54680. (Added by Stats. 2023, Ch. 424, Sec. 1. (AB 278) Effective January 1, 2024.)
  117. 54684.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685] ( Article 4 added by Stats. 2023, Ch. 424, Sec. 1. )

    Verify source ↗

    The department must submit a report to the Legislature’s appropriate policy committees by June 1, 2026, and include data collected under Section 54682(b).

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685] ( Article 4 added by Stats. 2023, Ch. 424, Sec. 1. ) ## 54684. On or before June 1, 2026, the department shall submit a report to the appropriate policy committees of the Legislature detailing the successes, best practices, barriers or constraints, and outcomes of Dream Resource Centers funded with grants pursuant to this article. The report shall include the data collected pursuant to subdivision (b) of Section 54682. (Added by Stats. 2023, Ch. 424, Sec. 1. (AB 278) Effective January 1, 2024.)
  118. 54685.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685] ( Article 4 added by Stats. 2023, Ch. 424, Sec. 1. )

    Verify source ↗

    This article may be implemented only if the Legislature appropriates funding for it in the annual Budget Act or another statute.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685] ( Article 4 added by Stats. 2023, Ch. 424, Sec. 1. ) ## 54685. This article shall be implemented only upon an appropriation by the Legislature for its purposes in the annual Budget Act or other statute. (Added by Stats. 2023, Ch. 424, Sec. 1. (AB 278) Effective January 1, 2024.)
  119. 54690.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. )

    Verify source ↗

    This section defines “at-promise pupil” and limits the department’s administrative spending to no more than 5% of the funds received for the 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. ) ## 54690. (a) The Legislature hereby finds and declares that the partnership academies program has proven to be a highly effective state-school-private sector partnership, providing combined academic and occupational training to high school pupils who present a high risk of dropping out of school, and motivating those pupils to stay in school and graduate. Partnership academies are functioning in high schools across the state, with occupational education and skills development successfully offered in California’s 15 different industry sectors, including electronics, computer technology, finance, agribusiness, alternative energy, environmental design and construction, graphic arts and printing, international business, and space. Partnership academies have been honored with national awards for excellence, and the California partnership academies have been given high accolades in various textbooks and studies addressing career technical education or science, technology, engineering, and mathematics (STEM) programs. (b) The Legislature finds the partnership academies are in the forefront of school efforts to integrate academic and career technical education or STEM, and that they can be effective in providing an integrated learning program and high motivation toward pursuing skilled occupational fields to pupils at risk of dropping out of school and to pupils not motivated by the regular educational curriculum. Further, the Legislature finds the partnership academies can make a very positive contribution towards meeting the needs of the state for a highly skilled and educated workforce in the 21st century. (c) Therefore, the Legislature hereby states its intent to expand the number of partnership academies in this state’s high schools, hereafter to be known as California Partnership Academies; to broaden the availability of these learning experiences to interested pupils who do not meet the criteria of at-promise pupils; and to encourage the establishment of academies whose occupational fields address the needs of developing technologies. (d) For purposes of this article, “at-promise pupil” means a pupil enrolled in high school who is at risk of dropping out of school, as indicated by at least three of the following criteria: (1) Past record of irregular attendance. For purposes of this section, “irregular attendance” means absence from school 20 percent or more of the school year. (2) Past record of underachievement in which the pupil is at least one-third of a year behind the coursework for the respective grade level, or as demonstrated by credits achieved. (3) Past record of low motivation or a disinterest in the regular school program. (4) Disadvantaged economically. (5) Scoring below basic or far below basic in mathematics or English language arts on the standardized test administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33. (6) Maintaining a grade point average of 2.2 or below, or the equivalent of a C minus. (e) Up to one-half of the pupils enrolled at a partnership academy may be pupils who do not meet the criteria of at-promise pupils. (f) The department may expend no more than 5 percent of the funds received to carry out this article on administrative expenses. (Amended by Stats. 2022, Ch. 114, Sec. 1. (AB 1923) Effective January 1, 2023.)
  120. 54691.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. )

    Verify source ↗

    The Superintendent must issue academy grants to eligible school districts and may issue planning and implementation grants under specified 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. ) ## 54691. Commencing with the 1993–94 fiscal year, from the funds appropriated for that purpose, the Superintendent shall issue grants to school districts maintaining high schools that meet the specifications of Section 54692, for purposes of planning, establishing, and maintaining academies, as follows: (a) The Superintendent may issue planning grants for purposes of planning partnership academies. The Superintendent shall ensure that the planning grants are equitably distributed among high-wealth and low-wealth school districts in urban, rural, and suburban areas. Each planning grant shall be in the amount of fifteen thousand dollars ($15,000). (b) For the 1993–94 fiscal year, and each fiscal year thereafter, the Superintendent may issue grants for the implementation and maintenance of existing academies or academies planned pursuant to subdivision (a). Implementation and maintenance grants shall be calculated in accordance with the following schedule: (1) Districts operating academies may receive one thousand four hundred dollars ($1,400) per year for each qualified pupil enrolled in an academy during the first year of that academy’s operation, provided that no more than forty-two thousand dollars ($42,000) may be granted to any one academy for the initial year. (2) Districts operating academies may receive one thousand two hundred dollars ($1,200) for each qualified pupil enrolled in an academy during the second year of that academy’s operation, provided that no more than seventy-two thousand dollars ($72,000) may be granted to any one academy for the second year. (3) Districts operating academies may receive nine hundred dollars ($900) for each qualified pupil enrolled in an academy during the third and following years of that academy’s operation, provided that no more than eighty-one thousand dollars ($81,000) may be granted to any one academy for each fiscal year. (c) For purposes of this section, a qualified pupil is a pupil who is enrolled in a partnership academy for the 10th, 11th, or 12th grade, obtains 90 percent of the credits each academic year in courses that are required for graduation, and does any of the following: (1) Successfully completes a school year during the 10th grade with an attendance record of no less than 80 percent. (2) Successfully completes a school year during the 11th grade with an attendance record of no less than 80 percent. (3) Successfully graduates after the 12th grade. A pupil enrolled in an academy who successfully completes only one semester with regard to enrollment, attendance, and credits within the school year is considered qualified for that semester and the district may receive one-half of the funds specified under subdivision (b) for that pupil. (d) At the end of each school year, school districts that have been approved to operate academies pursuant to this article shall certify the following information to the Superintendent: (1) The operation of each academy in accordance with this article, including Sections 54692 and 54694. (2) The number of qualified pupils enrolled during the just completed school year, by grade level, for each academy operated by the district. (3) The amount of matching funds and the dollar value of in-kind support made available to each academy in accordance with subdivisions (a) and (b) of Section 54692. (e) The Superintendent shall adjust each school district’s grant in accordance with the certification made to him or her pursuant to subdivision (d) or in accordance with any discrepancies to the certification that may be revealed by audit. Notwithstanding the provisions of this section, the Superintendent may advance up to 50 percent of the funds as he or she deems appropriate to districts that are approved to operate, or plan to operate partnership academies. (f) Funds granted to school districts pursuant to this article may be expended without regard to fiscal year. However, the funds must be expended for the maintenance and operation of academies. (Amended by Stats. 2010, Ch. 650, Sec. 2. (SB 1354) Effective January 1, 2011. Operative July 1, 2011, by Sec. 4 of Ch. 650.)
  121. 54692.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. )

    Verify source ↗

    A school district must meet specified funding-eligibility conditions for partnership academies, including matching funds, limits on use of state funds, academy structure, and required pupil supports.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. ) ## 54692. In order to be eligible to receive funding pursuant to this article, a school district shall provide all of the following: (a) An amount equal to a 100-percent match of all funds received pursuant to this article in the form of direct and in-kind support provided by the district. (b) An amount equal to a 100-percent match of all funds received pursuant to this article in the form of direct and in-kind support provided by participating companies or other private sector organizations. (c) An assurance that state funds provided by the partnership academies program shall be used only for the development, operation, and support of partnership academies. (d) An assurance that each academy will be established as a “school within a school.” Academy teachers shall work as a team in planning, teaching, and troubleshooting program activities. Classes in the academy program shall be limited to academy pupils as specified in subdivision (e). Each participating school district shall establish an advisory committee consisting of individuals involved in academy operations, including school district and school administrators, lead teachers, and representatives of the private sector. (e) Assurance that each academy pupil will be provided with the following: (1) Instruction in at least three academic subjects each regular school term that prepares the pupil for a regular high school diploma, and, where possible and appropriate, to meet the subject requirements for admission to the California State University and the University of California. These subjects should contribute to an understanding of the occupational field of the academy. (2) Career technical education or science, technology, engineering, and mathematics (STEM) courses offered at each grade level at the academy that are part of an occupational course sequence that targets comprehensive skills and that does the following: (A) Provides career technical education or STEM courses in high skill occupations of regional and local economic need. (B) Focuses on occupations requiring comprehensive skills leading to higher than entry-level wages, or the possibility of significant wage increases after a few years on the job, or both. (C) Provides a sequence of courses that build upon each other in knowledge, skill development, and experience, and ends in a capstone course that includes an internship component. (D) Prepares pupils for employment and postsecondary education. Sequenced courses shall be linked to certificate and degree programs in the region, where possible. (E) Whenever possible, prepares pupils for industry-recognized certifications. (F) Whenever possible and appropriate, offers career technical education or STEM courses that also meet the subject requirements for admission to the California State University and the University of California. (3) A class schedule that limits the attendance to the classes required in paragraphs (1) and (2) to pupils of the academy. Whenever possible, these classes should be block scheduled in a cluster to provide flexibility to academy teachers. During the 12th grade the number of academic classes may vary. (4) A mentor from the business community during the pupil’s 11th grade year. (5) An employer-based internship or work experience that occurs in the summer following the 11th grade or during 12th grade year. (6) Additional motivational activities with private sector involvement to encourage academic and occupational preparation. (f) Assurance that academy teachers have a common planning period to interchange pupil and educational information. A second planning period should be provided for the lead teacher in addition to the normal planning period for full-time teachers and be supported as a part of the school district’s matching funds, whenever practical. (Amended by Stats. 2023, Ch. 131, Sec. 43. (AB 1754) Effective January 1, 2024.)
  122. 54693.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. )

    Verify source ↗

    The Superintendent must set grant eligibility criteria for school districts under this article and prioritize certain new partnership academy proposals.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. ) ## 54693. (a) The Superintendent shall establish eligibility criteria for school districts that apply for grants pursuant to this article. When establishing criteria, the Superintendent shall consider the commitment and need of the applicant school district. The Superintendent may consider school district indicators of need, including, but not limited to, the number or percent of pupils in poverty or with limited English proficiency, and the dropout rate. (b) Notwithstanding subdivision (a), the Superintendent shall prioritize proposals for new partnership academies based upon a school district’s enrollment of the following pupil groups: (1) Unduplicated pupils, as defined in paragraph (1) of subdivision (b) of Section 42238.02. (2) Pupils from groups historically underrepresented in career technical education or STEM programs or professions. (3) At-promise pupils, as defined in subdivision (d) of Section 54690. (c) The Superintendent may also prioritize new partnership academies for school districts located in a rural area or an economically disadvantaged area. (Amended by Stats. 2022, Ch. 114, Sec. 3. (AB 1923) Effective January 1, 2023.)
  123. 54694.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. )

    Verify source ↗

    The Superintendent of Public Instruction must develop California Partnership Academies 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. ) ## 54694. The Superintendent of Public Instruction shall develop guidelines with respect to the California Partnership Academies. The guidelines shall include, but not be limited to, enrollment provisions, application procedures, and student eligibility. (Amended by Stats. 1993, Ch. 574, Sec. 6. Effective January 1, 1994.)
  124. 54695.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. )

    Verify source ↗

    Teachers and counselors must identify eligible academy students, and academy staff must select students who are interested and whose parents or guardians approve.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. ) ## 54695. (a) The ninth grade teachers and counselors in schools maintained by school districts approved to operate academies pursuant to this article shall identify students eligible to participate in an academy. (b) Teachers and counselors in schools maintained by school districts approved to operate academies pursuant to this article, business representatives, and academy students of academies that are operating in the area shall be encouraged to make presentations to prospective students and their parents. (c) The staff of each academy shall select students from among those who have expressed an interest in the academy and whose parents or guardians have approved the student’s participation. (Amended by Stats. 1993, Ch. 574, Sec. 7. Effective January 1, 1994.)
  125. 54696.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. )

    Verify source ↗

    The Superintendent of Public Instruction must create a technical assistance team for new academies and make its expertise available during each academy’s first two years of operation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. ) ## 54696. The Legislature finds that each new academy requires technical assistance for the academy team, administrators, teachers, and private sector participants in the multiple aspects of the academy program that differ from the standard high school program. To provide for the transfer of the experiences gained in the operation of currently successful academies to new academies, the Superintendent of Public Instruction shall develop a technical assistance team whose members have prior involvement in successful academy operation and make their expertise available, as necessary, to each new academy during its first two years of operation. (Amended by Stats. 2001, Ch. 750, Sec. 16. Effective January 1, 2002.)
  126. 54697.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. )

    Verify source ↗

    The Superintendent of Public Instruction must select an evaluating entity for a long-term Partnership Academies evaluation, and participating school districts join voluntarily if they meet the pupil-demand/openings requirement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Partnership Academies [54690 - 54697] ( Heading of Article 5 amended by Stats. 1987, Ch. 1405, Sec. 1. ) ## 54697. (a) The Superintendent of Public Instruction shall select an entity (the “evaluating entity”) to conduct a long-term evaluation of the Partnership Academies conducted pursuant to this article using a random assignment of pupils into program and control groups. The participation of any school district in this long-term evaluation is voluntary. (b) In order to qualify for participation in the evaluation of any Partnership Academy as described in subdivision (a), a school district shall demonstrate that the number of pupils seeking admission to the academy, who qualify for admission under applicable criteria, exceeds the number of openings in the academy. (c) The evaluation shall be conducted on a basis that results in no net cost to the state or to any participating school district. The evaluating entity is responsible for obtaining, from other sources, any funding that is necessary for the purposes of subdivision (a). (d) Notwithstanding any other provision of law, the evaluating entity shall have access to pupil records, to the extent permitted by federal law, as necessary to perform the evaluation. The evaluating entity shall ensure that all personally identifiable information regarding any pupil and his or her parent or guardian remains confidential. (e) The evaluating entity shall coordinate its evaluation activities under subdivision (a) with the Superintendent of Public Instruction, and provide the superintendent with the results of the evaluation upon completion. The Superintendent of Public Instruction shall submit the results of the evaluation to the Legislature. (Added by Stats. 1992, Ch. 1213, Sec. 5. Effective January 1, 1993.)
  127. 54700.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. University and College Opportunities Program [54700 - 54704] ( Heading of Article 6 renumbered from Article 4 by Stats. 1987, Ch. 56, Sec. 41. )

    Verify source ↗

    The Legislature states that this program should improve preparation for pupils entering two-year and four-year postsecondary institutions, and school districts are authorized to establish college preparatory programs for underrepresented 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. University and College Opportunities Program [54700 - 54704] ( Heading of Article 6 renumbered from Article 4 by Stats. 1987, Ch. 56, Sec. 41. ) ## 54700. It is the intent and purpose of the Legislature that the University and College Opportunities Program provided for in this article shall be directed to improve the preparation of elementary and secondary school pupils for their successful matriculation through courses of study at two-year and four-year institutions of postsecondary education. It is the intent and purpose of the Legislature that school districts be authorized to establish college preparatory programs targeted towards pupils from groups which are underrepresented in institutions of postsecondary education. It is further the intent of the Legislature that funding for these programs shall be derived from existing funds apportioned to participating school districts so as to result in no additional costs to the state. It is further the intent of the Legislature that participating school districts shall be encouraged to coordinate and utilize new and existing resources and service networks available to them and that they solicit the participation of the California Community Colleges, the California State University and Colleges, the University of California, and other public and private sector entities. (Added by Stats. 1982, Ch. 1298, Sec. 16.)
  128. 54701.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. University and College Opportunities Program [54700 - 54704] ( Heading of Article 6 renumbered from Article 4 by Stats. 1987, Ch. 56, Sec. 41. )

    Verify source ↗

    School districts may apply to establish a University and College Opportunities Program using existing local or categorical funds, and participation is voluntary.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. University and College Opportunities Program [54700 - 54704] ( Heading of Article 6 renumbered from Article 4 by Stats. 1987, Ch. 56, Sec. 41. ) ## 54701. Any school district may apply to establish a University and College Opportunities Program with existing local or categorical funds. Any funds which may be donated by businesses or foundations may be used by participating districts to establish science and math regional centers which provide high quality science and mathematics instruction not normally available in regular school, to establish summer programs to provide academic enrichment in math, science, and English, and career awareness programs in professions requiring math and science backgrounds. Participation on the part of any school district shall be voluntary. Districts currently participating in existing categorical aid programs may utilize existing plans developed for these programs to describe their University and College Opportunities Program. The existing district plans and school plans submitted in the applications adopted by the State Board of Education pursuant to the rules and regulations adopted under Section 54704 shall contain a description of the University and College Opportunities Program, including the following: (a) A description of the proposed program administration, staff training, and pupil identification and assessment components. (b) A description of the comprehensive program, which shall be of sufficient size and scope to meet the intent of this article and which shall include, but not be limited to, the following criteria: (1) Assurances that the instructional program will maintain a sound curriculum for pupils, particularly for pupils from those underrepresented groups identified pursuant to the passage of Resolution Chapter 212 of the Statutes of 1974, to meet the minimum university requirements to excel in math, science, and other technology-based careers. (2) Academic advising to assist pupils who desire to enter into careers in the fields of math and science to select classes that best prepare them for study at the university and college levels in these fields. (3) College counseling to assist pupils in preparing the necessary application forms for college admission, to procure scholarships and other financial aid, and to meet all deadlines for these programs. (4) Career counseling to inform pupils of the opportunities and options available to them within the mathematics-based professions, such as the fields of engineering, business administration, and computer sciences. (5) The establishment of tutorial programs and study groups to enable pupils to develop the study skills necessary to compete successfully at the postsecondary level. (6) The establishment and operation of summer programs to provide academic enrichment in mathematics, science, and English as well as providing an orientation to those professions requiring a background in mathematics. (7) The development of strategies for parental involvement. (8) The development of appropriate pupil and staff incentive awards. (9) The development of a system for collecting follow-up data on pupils who participate in the program. (10) Assurances that the educational needs of pupils intended to be served by categorical funds used by this program will continue to be addressed. (c) A description of the district’s plans for the participation of appropriate advisory groups, representatives from postsecondary institutions, representatives from private organizations and, whenever feasible, Mathematics, Engineering, Science Achievement (MESA) coordinators. (Added by Stats. 1982, Ch. 1298, Sec. 16.)
  129. 54702.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. University and College Opportunities Program [54700 - 54704] ( Heading of Article 6 renumbered from Article 4 by Stats. 1987, Ch. 56, Sec. 41. )

    Verify source ↗

    Participating school districts may make agreements with colleges, universities, and other entities to use facilities and services for the 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. University and College Opportunities Program [54700 - 54704] ( Heading of Article 6 renumbered from Article 4 by Stats. 1987, Ch. 56, Sec. 41. ) ## 54702. School districts participating in the University and College Opportunities Program may enter into contractual agreements with neighboring community colleges, public and private universities and colleges, and other private and public sector entities for the utilization of facilities and services necessary to operate a University and College Opportunities Program. Participating districts may also enter into agreements with other districts to establish cooperative programs or to operate regional centers for instruction in the math- and science-related fields. (Added by Stats. 1982, Ch. 1298, Sec. 16.)
  130. 54703.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. University and College Opportunities Program [54700 - 54704] ( Heading of Article 6 renumbered from Article 4 by Stats. 1987, Ch. 56, Sec. 41. )

    Verify source ↗

    The Superintendent of Public Instruction must prepare rules and regulations 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. University and College Opportunities Program [54700 - 54704] ( Heading of Article 6 renumbered from Article 4 by Stats. 1987, Ch. 56, Sec. 41. ) ## 54703. The Superintendent of Public Instruction shall prepare rules and regulations necessary to implement the provisions of this article, including rules and regulations which: (a) Prescribe the procedure by which a district shall identify pupils who are traditionally underrepresented in higher education. (b) Provide for the rendering of technical assistance which, upon request, shall be available to enable school districts and schools to design, implement, or evaluate the University and College Opportunities Programs authorized by this article. (c) Identify effective practices regarding, but not necessarily limited to, University and College Opportunities Programs and which disseminate information regarding these programs to each participating school district and county superintendent of schools. (d) Develop, in conjunction with the California Postsecondary Education Commission, common data elements, which can be used by secondary and postsecondary educators to assess and improve program performance. (Added by Stats. 1982, Ch. 1298, Sec. 16.)
  131. 54704.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. University and College Opportunities Program [54700 - 54704] ( Heading of Article 6 renumbered from Article 4 by Stats. 1987, Ch. 56, Sec. 41. )

    Verify source ↗

    The State Board of Education must adopt rules and regulations to implement this article by March 1, 1983.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. University and College Opportunities Program [54700 - 54704] ( Heading of Article 6 renumbered from Article 4 by Stats. 1987, Ch. 56, Sec. 41. ) ## 54704. The State Board of Education shall adopt rules and regulations necessary to implement the provisions of this article on or before March 1, 1983. (Added by Stats. 1982, Ch. 1298, Sec. 16.)
  132. 54740.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. )

    Verify source ↗

    This section names the California School Age Families Education Program (Cal-SAFE) 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. ) ## 54740. This article shall be known and may be cited as the California School Age Families Education Program (Cal-SAFE). (Added by Stats. 1998, Ch. 1078, Sec. 11. Effective January 1, 1999.)
  133. 54741.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. )

    Verify source ↗

    The Legislature finds that school-based programs for pregnant and parenting teens and their children can improve school participation and outcomes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. ) ## 54741. The Legislature hereby finds and declares all of the following: (a) Adolescents, due to early pregnancy and childbearing, experience significant educational losses leading to a lifelong loss of schooling. (b) Although less than a quarter of California’s pregnant and parenting teen mothers use welfare as teenagers, over time they make up a significant percentage of the AFDC caseload. Half of all unmarried teen mothers go on welfare within four years of the birth of their children and 42 percent of all AFDC mothers began families as teenagers. (c) In 1995, there were 123,240 pregnant and parenting mothers age 18 years and younger. (d) Approximately one-quarter of teen mothers in California will experience a second or subsequent birth while in their teen years. (e) The number one reason cited by females for dropping out of school is pregnancy and parenting responsibilities, although existing school data collection systems do not include the number of pregnant and parenting pupils enrolled in school nor the number who drop out of school due to pregnancy and parenting responsibilities. (f) Eighty percent of females who become mothers before the age of 18 do not finish high school, and 40 percent of females who give birth by age 15 do not complete the 8th grade. (g) Young women with poor basic skills, regardless of ethnicity, are five times as likely to become mothers before age 16 as are those with average basic skills, and young women with poor or fair basic skills are four times as likely as those with average basic skills to have more than one child in their teens. (h) Teen fathers are at high risk of low educational achievement, as they are more likely to drop out of school to secure low-paying, unskilled jobs with little promise of future improvement. (i) Children of teenage mothers have a greater chance of experiencing behavior problems during adolescence, engaging in delinquent or criminal activities, becoming sexually active at a young age, and becoming teen parents. (j) School-based programs for pregnant and parenting teens and their children offering a wide range of educational and supportive services, including child care and transportation, which begin during pregnancy and continue after childbirth, have been successful in increasing school enrollment and high school graduation rates, and reducing the incidence of low birth weight babies and repeat pregnancies. (k) School-based programs targeting pregnant and parenting teens and their children are often nonexistent or fragmented, have inequitable program funding, lack comprehensive integrated school-linked services, lack useful school data, and often have not been evaluated. (Added by Stats. 1998, Ch. 1078, Sec. 11. Effective January 1, 1999.)
  134. 54742.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. )

    Verify source ↗

    This section states the Legislature’s intent to create the Cal-SAFE program and lists its goals for pregnant and parenting pupils and their 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. ) ## 54742. (a) It is the intent of the Legislature to establish a comprehensive, continuous, and community linked school-based program that focuses on youth development and dropout prevention for pregnant and parenting pupils and on child care and development services for their children for the purpose of improving results for approximately 60,000 pupils and their children. (b) The goals of the program are all of the following: (1) A significant number of eligible female and male pupils in need of targeted supportive services related to school success will be served. (2) Pupils shall have the opportunity to be continuously enrolled in the Cal-SAFE program through graduation from high school. (3) Pupils served who receive program services for one or more years will earn a high school diploma or its equivalent or demonstrate progress towards completion of education goals. (4) Pupils served who graduate will transition to postsecondary education, including a technical school, or into the world of work. (5) Pupils served and their children will not become welfare dependent. (6) Pupils served will demonstrate effective parenting skills. (7) Pupils served will not have a repeat birth or father a repeat pregnancy before graduating from high school. (8) Pregnant pupils served will not have a low birth weight baby. (9) Children of enrolled teen parents will receive child care and development services based upon the assessed developmental and health needs of each child. (10) Children of enrolled teen parents will receive health screening and immunizations except when the custodial parent annually provides a written request for an exemption pursuant to Section 49451 and Section 120365 of the Health and Safety Code. (11) Children of enrolled teen parents will have enhanced school readiness, demonstrate progress towards meeting their assessed developmental goals, or both. (c) It is the intent of the Legislature that if there are not enough resources to serve all eligible pupils, the program shall target services to pupils who are most in need or to pupils who are least likely to access services on their own. (d) It is the intent of the Legislature that Cal-SAFE programs be integrated with local Adolescent Family Life programs and Cal-Learn programs in a manner that avoids duplication of services. (Amended by Stats. 2000, Ch. 1057, Sec. 3. Effective January 1, 2001.)
  135. 54743.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. )

    Verify source ↗

    This section defines terms used in the California School Age Families Education 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. ) ## 54743. For the purposes of this chapter, the following definitions shall apply: (a) “Case management” means a process that ensures that the pupil and child receive identified needed services in an efficient, supportive, and cost effective manner. The process is interactive, pupil-centered, culturally appropriate, and goal-oriented. (b) “Child care and development program” means developmentally appropriate learning activities for the children of enrolled teen parents that are provided when the child’s teen parent is, or parents are, participating in a school-approved activity both during and outside the schoolday. (c) “Intake process” means the interactive process upon entry into the Cal-SAFE program through which academic and service needs are inventoried and demographic data are collected. (d) “Interventions” means services needed to correct or ameliorate a pupil’s health, psychosocial, educational, vocational, daily living, or economic problems, which may impede the pupil from achieving the program goals. (e) “Local education agency” means a school district or county office of education. (f) “Support services” means services, as referenced in subdivision (b) of Section 54746, that will enhance the academic ability of the enrolled pupil in order for her or him to earn a high school diploma or its equivalent and for healthy development of their children. (g) “Title IX of the Education Amendments of 1972 Regulations” refers to federal Public Law 92-318 and the regulations set forth in Section 106.1 and following of Title 34 of the Code of Federal Regulations, which prohibit discrimination against pupils, among other things, because of their pregnant or parenting status. (h) “Expectant parent” means a female who is pregnant or a male who voluntarily identifies himself as the parent of an unborn child, and who meets eligibility criteria specified in Section 54747. (Amended by Stats. 2002, Ch. 1168, Sec. 42. Effective September 30, 2002.)
  136. 54744.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. )

    Verify source ↗

    County education officials and partner programs must develop, review, update, and submit a county service coordination plan for Cal-SAFE participation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. ) ## 54744. (a) It is the intent of the Legislature that communities implementing new programs or initiatives connect with existing program strategies and build upon existing local collaboratives, when possible, to provide a unified integrated system of service for children and families. (b) No application for participation in the Cal-SAFE program is complete unless each county superintendent of schools, in conjunction with superintendents of school districts, the Adolescent Family Life Program, the Cal-Learn program, the local child care and development planning council as defined by Section 8499.5, and, as appropriate, other existing organizations such as Healthy Start and local job training councils, have developed a county service coordination plan for providing educational and related support services to pregnant and parenting teens and their children. (c) The county service coordination plan shall include, at a minimum, all of the following information: (1) Incidence of live births to teen mothers by a method to be determined by the State Department of Education. (2) Incidence of pregnant and parenting pupils receiving welfare aid by a method to be determined by the State Department of Education. (3) Incidence of low birth weight children born to teen mothers by a method to be determined by the State Department of Education. (4) Educational alternatives for pregnant and parenting teens. (5) Child care and development resources for the children of teen parents. (6) Public and private resources providing support services necessary for pregnant and parenting teens to achieve academically. (7) Gaps and overlaps in educational and support services for pregnant and parenting pupils and their children. (8) Proposed strategies to address identified gaps and overlaps in services. (d) The county service coordination plan shall be submitted to the State Department of Education no later than June 1, 2000. (e) If the county service coordination plan is not submitted to the State Department of Education by June 1, 2000, a local education agency may only operate a Cal-SAFE program on an interim basis until January 1, 2001. (f) The county superintendent of schools, in conjunction with superintendents of school districts, the Adolescent Family Life Program, the Cal-Learn program, the local child care and development planning council as defined by Section 8499.5, and, as appropriate, other existing organizations such as Healthy Start and local job training councils, shall annually review the county service coordination plan, update the plan as needed, disseminate the revised plan to superintendents of school districts within its jurisdiction, and submit a copy of the revised plan to the State Department of Education. (Amended by Stats. 2000, Ch. 71, Sec. 20. Effective July 5, 2000.)
  137. 54745.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. )

    Verify source ↗

    This section makes Cal-SAFE participation voluntary for school districts and county superintendents, but sets application, funding, review, and program-operation requirements for agencies that participate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. ) ## 54745. (a) In the administration of the Cal-SAFE program, the following provisions apply: (1) Participation by a school district or county superintendent of schools in the Cal-SAFE program is voluntary. (2) The governing board of a school district or county superintendent of schools may submit an application to the State Department of Education in the manner, form, and by the date specified by the department to establish and maintain a Cal-SAFE program. (3) A school district or county superintendent of schools approved to implement the Cal-SAFE program shall be funded as one program to be operated at one or multiple sites depending upon the need within the service area. (4) Notwithstanding any other law, a school district or county superintendent of schools operating, by October 1, 1999, a School Age Parent and Infant Development Program pursuant to Article 17 (commencing with Section 8390) of Chapter 2 of Part 6, a Pregnant Minors Program pursuant to Chapter 6 (commencing with Section 8900) of Part 6 and Section 2551.3, or a Pregnant and Lactating Students Program pursuant to Sections 49553 and 49559, as those provisions existed prior to January 1, 1999, or any combination thereof, that chooses to participate in the Cal-SAFE program shall have priority for Cal-SAFE program funding for an amount up to the dollar amount provided to each school district or county superintendent of schools under those provisions in the fiscal year prior to participation in the Cal-SAFE program, provided that an application is submitted and approved. (5) If a school district or county superintendent of schools operating a School Age Parent and Infant Development Program, a Pregnant Minors Program, or a Pregnant and Lactating Students Program, or any combination thereof, chooses not to participate in the Cal-SAFE program, it is the intent of the Legislature that the funding it would have received for the operation of those programs shall be redirected to the Cal-SAFE program and the school district or county superintendent of schools may apply in a subsequent school year to operate a Cal-SAFE program. (6) A school district or county superintendent of schools that terminates its Cal-SAFE program may reapply to establish a Cal-SAFE program. (7) In order to continue implementation of the Cal-SAFE program beyond the initial three years of funding, each funded agency shall be reviewed by the department to determine progress towards achieving the goals set forth in Section 54742. Thereafter, funded agencies shall be reviewed and reauthorized every five years based upon a process determined by the department to continue implementation of a Cal-SAFE program. (b) All of the following requirements apply to an application for the Cal-SAFE program: (1) The governing board of a participating local education agency shall adopt a policy or resolution declaring its commitment to provide a comprehensive, continuous, community-linked program for expectant and parenting pupils and their children that reflects the cultural and linguistic diversity of the community. (2) The local education agency shall provide assurance for participation in the development of the County Service Coordination Plan as described in Section 54744. (3) A school district or county superintendent of schools shall agree to participate in the data collection and evaluation of the Cal-SAFE program. (c) To implement a Cal-SAFE program, the funded school district, or county superintendent of schools shall meet all of the following criteria: (1) Be in compliance with the regulations adopted pursuant to Title IX of the Education Amendments of 1972. (2) Ensure that enrolled pupils retain their right to participate in any comprehensive school or educational alternative programs in which they could otherwise enroll. School placement and instructional strategies shall be based upon the needs and styles of learning of the individual pupils. The classroom setting shall be the preferred instructional strategy unless an alternative is necessary to meet the needs of the individual parent, child, or both. (3) Enroll pupils into the Cal-SAFE program on an open entry and open exit basis. (4) Provide a quality education program to pupils in a supportive and accommodating learning environment with appropriate classroom strategies to ensure school access and academic credit for all work completed. (5) Provide parenting education and life skills instruction to enrolled pupils. (6) Make maximum utilization of available programs and facilities to serve expectant and parenting pupils and their children. (7) Provide a quality child care and development program for the children of enrolled teen parents located on or near the schoolsite. (8) Make maximum utilization of its local school food service program. (9) Provide special school nutrition supplements, as defined by subdivision (b) of Section 49553, to pregnant and lactating pupils. (10) Enter into formal partnership agreements, as necessary, with community-based organizations and other governmental agencies to assist pupils in accessing support services or to provide child care and development services. (11) Provide staff development and community outreach in order to establish a positive learning environment and school policies supportive of expectant and parenting pupils’ academic achievement and to promote the healthy development of their children. (12) Maintain an annual program budget and expenditure report to document that funds are expended pursuant to Section 54749. (13) Assess no fees to enrolled pupils or their families for services provided through the Cal-SAFE program. (14) Establish and maintain a database in the manner and form prescribed by the State Department of Education for purposes of program evaluation. (15) Coordinate to the maximum extent possible with Cal-Learn program case managers provided pursuant to Section 11332.5 of the Welfare and Institutions Code and Adolescent Family Life Program case managers provided pursuant to Article 1 (commencing with Section 124175) of Chapter 4 of Part 2 of Division 106 of the Health and Safety Code. (Amended by Stats. 2003, Ch. 523, Sec. 2. Effective January 1, 2004.)
  138. 54746.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. )

    Verify source ↗

    The funded agency must assess each pupil and child, determine suitable services, and provide Cal-SAFE child care and support services. Child care participation is voluntary, but children generally need a signed health evaluation before campus access or enrollment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. ) ## 54746. (a) In meeting the goals of the program and responding to the individual needs and differences of pupils and their children to be served, the funded agency shall complete an intake procedure regarding each pupil and child upon entry into the program and periodically as needed thereafter. (b) Based upon the information provided during the intake procedure pursuant to subdivision (a), the funded agency shall determine appropriate levels and types of services to be provided. These services may not duplicate services currently provided to the pupil by a local Adolescent Family Life Program or Cal-Learn program. In addition to an academic program that meets district standards, necessary support services for pupils shall be funded by the calculation pursuant to paragraph (1) of subdivision (a) of Section 54749. Allowable expenditures for support services are as follows: (1) Parenting education and life skills instruction. (2) Perinatal education and care, including childbirth preparation. (3) Safe home-to-school transportation. (4) Case management services. (5) Comprehensive health education, including reproductive health care. (6) Nutrition education, counseling, and meal supplements. (7) School safety and violence prevention strategies targeted to expectant and parenting teens and their children. (8) Academic support and youth development services, such as tutoring, mentoring, and community service internships. (9) Career counseling, preemployment skills, and job training. (10) Substance abuse prevention education, counseling, and treatment services. (11) Mental health assessment, interventions, and referrals. (12) Crisis intervention counseling services, including suicide prevention. (13) Peer support groups and counseling. (14) Family support and development services, including individual and family counseling. (15) Child and domestic abuse prevention education, counseling, and services. (16) Enrichment and recreational activities, as appropriate. (17) Services that facilitate transition to postsecondary education, training, or employment. (18) Support services for grandparents, siblings, and fathers of babies who are not enrolled in the Cal-SAFE program. (19) Outreach activities to identify eligible pupils and to educate the community about the realities of teen pregnancy and parenting. (c) The funded agency shall provide child care and development program services located on or near the schoolsite for the children of teen parents enrolled in the Cal-SAFE program. Program services shall be funded by the revenue generated pursuant to paragraph (4) of subdivision (a) of Section 54749. (1) Participation in the child care and development component of the Cal-SAFE program shall be voluntary. (2) There is no minimum age for enrollment, but the child shall be eligible for enrollment in the child care and development component until the age of five years or the child is enrolled in kindergarten, whichever occurs first, as long as the teen parent is enrolled in the Cal-SAFE program. (3) Each child shall have a health evaluation form signed by a physician, or his or her designee, before the child is allowed on the school campus or is enrolled in the child care and development program. Health screening and immunizations shall not be required when the custodial parent annually files a written request as provided for in Section 49451 and Section 120365 of the Health and Safety Code. (4) A developmental profile shall be maintained for each infant, toddler, and child. This development profile shall be utilized by the program staff to design a program that meets the infant’s, toddler’s, or child’s developmental needs. (5) The arrangement of the child care site environment shall be safe, healthy, and comfortable for children and staff, easily maintained, and appropriate for meeting the developmental needs of the individual child. Child care sites shall meet the health and safety requirements specified in Chapter 1 (commencing with Section 101151) of, and Subchapter 2 (commencing with Section 101351) of, Division 12 of Title 22 of the California Code of Regulations. (6) The child care and development component of the Cal-SAFE program shall operate pursuant to applicable sections of Chapter 2 (commencing with Section 8200) of Part 6. In addition to meeting the requirements of Section 8360, teachers shall have at least three semester units, or the equivalent number of quarter units, of coursework related to the care of infants and toddlers. (7) The child care site shall be available as a laboratory for parenting or related courses that are offered by the funded agency with priority given to pupils enrolled in the Cal-SAFE program. (d) In-service training for school staff on teen pregnancy and parenting-related issues may be funded from revenue generated pursuant to paragraphs (1) and (4) of subdivision (a) of Section 54749. However, use of these funds for this purpose shall supplement and, not supplant, existing resources in these areas. (e) The database required pursuant to paragraph (14) of subdivision (c) of Section 54745 may be funded from revenue appropriated for purposes of subdivision (a) of Section 54749. (Amended by Stats. 2002, Ch. 1168, Sec. 44. Effective September 30, 2002.)
  139. 54746.5.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. )

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    Local education agencies in certain Cal-SAFE programs may seek a case-by-case waiver extension by submitting a timeline and corrective action plan; if they later fail to follow an approved plan, they lose eligibility for funding under Section 2551.3.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. ) ## 54746.5. (a) Local education agencies that are applying to operate a Cal-SAFE program pursuant to Section 54749 but which are not in full compliance may submit a timeline and a corrective action plan for approval by the Superintendent of Public Instruction on a case-by-case basis to extend, to no later than June 30, 2002, a waiver from implementation of the child care and development requirements set forth in paragraph (7) of subdivision (c) of Section 54745 and in subdivision (c) of Section 54746. (b) Local education agencies that are applying to operate a Cal-SAFE program pursuant to Section 2551.3 but are not in full compliance may submit a timeline and a corrective action plan for approval by the Superintendent of Public Instruction on a case-by-case basis to extend, to no later than June 30, 2002, a waiver from implementation of the child care and development physical environment requirements pursuant to paragraph (5) of subdivision (c) of Section 54746, and as set forth in subdivision (d) of Section 101238 of, Section 101238.2 of, subdivision (a) of Section 101238.3 of, subdivisions (b) and (c) of Section 101238.4 of, subdivisions (e), (h), and (j) of Section 101239 of, and paragraph (2) of subdivision (a) of Section 101239.2 of, Title 22 of the California Code of Regulations. (c) If the Superintendent of Public Instruction finds that a local education agency that has submitted a timeline and a corrective action plan pursuant to this section has not complied with all provisions of the corrective action plan as approved by the Superintendent of Public Instruction, the local education agency shall be ineligible for any funding pursuant to Section 2551.3 after the date of mailing of the written notification of noncompliance to the local education agency. (d) For teachers in Cal-SAFE child care programs operated pursuant to Section 54749, the Superintendent of Public Instruction may waive the qualification requirements of paragraph (6) of subdivision (c) of Section 54746 for the 2001–02 fiscal year if the superintendent determines that the existence of compelling need is appropriately documented and the applicant is making satisfactory progress toward securing a permit issued by the Commission on Teacher Credentialing. (e) For teachers in Cal-SAFE child care programs operated pursuant to Section 2551.3, the Superintendent of Public Instruction may waive the qualification requirements of paragraph (6) of subdivision (c) of Section 54746 until June 30, 2002, if the superintendent determines that the existence of compelling need is appropriately documented and the applicant is making satisfactory progress toward securing a permit issued by the Commission of Teacher Credentialing. (Added by Stats. 2001, Ch. 734, Sec. 48. Effective October 11, 2001.)
  140. 54747.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. )

    Verify source ↗

    Some pupils may enroll in Cal-SAFE if they meet the age, parenting, diploma, and in some cases IEP-related eligibility 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. ) ## 54747. (a) A male or female pupil, 18 years of age or younger, may enroll in the Cal-SAFE program and be eligible for all services afforded to pupils enrolled if he or she is an expectant parent, the custodial parent, or the noncustodial parent taking an active role in the care and supervision of the child, and has not earned a high school diploma or its equivalent. (b) A pupil who is an expectant parent, custodial parent, or noncustodial parent taking an active role in the care and supervision of his or her child, has not earned a high school diploma or its equivalent, and has an active special education Individualized Education Plan (IEP) shall be eligible as long as she or he has an active IEP and meets the eligibility criteria as specified in paragraph (4) of subdivision (c) of Section 56026, and shall continue to receive services identified in the IEP while enrolled in the Cal-SAFE program. (c) Pupils shall be eligible for enrollment on a voluntary basis for as long as they meet eligibility criteria specified in subdivisions (a) and (b) until they earn a high school diploma or its equivalent. (d) A pupil may not be denied initial or continuous enrollment in the Cal-SAFE program for any of the following reasons: (1) The pupil has had multiple pregnancies. (2) The pupil has more than one child. (3) The pupil’s eligibility status changed from expectant to parenting. (e) If an enrolled 18-year-old pupil reaches age 19 without earning a high school diploma or its equivalent, the pupil may be enrolled for one additional semester if the pupil has been continuously enrolled in the Cal-SAFE program since before his or her 19th birthday. (f) Pupils receiving services under Article 3.5 (commencing with Section 11331) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code are eligible for services under this chapter. Child care provided under this article shall be the primary source of child care for these recipients when participating in a Cal-SAFE program operated by school districts or county superintendents of schools. (Amended by Stats. 2002, Ch. 1168, Sec. 45. Effective September 30, 2002.)
  141. 54748.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. )

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    The State Department of Education has a list of duties for Cal-SAFE administration, including providing technical assistance, developing guidelines, coordinating with agencies, and reporting to the Legislature every five years.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. ) ## 54748. The duties of the State Department of Education include all of the following: (a) Provision of technical assistance, focused upon transition into the Cal-SAFE program, to school districts and county superintendents of schools currently operating a School Age Parent and Infant Development Program, a Pregnant Minors Program, or a Pregnant and Lactating Students Program, or any combination thereof. (b) Provision of technical assistance to school districts and county superintendents of schools that do not currently operate a School Age Parent and Infant Development Program, a Pregnant Minors Program, or a Pregnant and Lactating Students Program as defined by subdivision (a) of Section 54745. (c) Identification and sharing of information on best practices across program sites. (d) Development of benchmarks to determine to what degree pupils and children enrolled in the Cal-SAFE program attain the program goals. (e) Consultation with local education agency representatives and others, as appropriate, to develop strategies for implementation of the Cal-SAFE program. (f) Determination of areas in the state where there are pupils who are most in need or pupils who are least likely to access services on their own if there are not enough resources to serve all eligible pupils. (g) Development of an application process and approval of local education agencies to implement a Cal-SAFE program. (h) Development of operating guidelines for implementing an effective Cal-SAFE program. (i) Development of guidelines for fiscal reporting. (j) Coordination with other state agencies that administer teen pregnancy prevention and intervention programs. (k) Development of procedures to conduct program evaluation and monitoring, as appropriate. (l) Commencing March 1, 2005, and every five years thereafter, preparation and submission of a report to the Joint Legislative Budget Committee and appropriate policy and fiscal committees of the Legislature. The report shall include data, analysis of data, and an evaluation of the Cal-SAFE program. (Amended by Stats. 2000, Ch. 71, Sec. 24. Effective July 5, 2000.)
  142. 54749.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. )

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    This section sets rules for Cal-SAFE funding, allowable use of funds, and limits on certain claims and 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. ) ## 54749. (a) For the 2000-01 fiscal year and each fiscal year thereafter, a school district or county superintendent of schools participating in Cal-SAFE is eligible for state funding from funds appropriated for services provided for the purposes of the program as follows: (1) A support services allowance of two thousand two hundred thirty-seven dollars ($2,237) for each unit of average daily attendance generated by each pupil who has completed the intake process pursuant to subdivision (a) of Section 54746 and is receiving services pursuant to subdivision (b) of Section 54746. This allowance shall be adjusted annually by the inflation factor set forth in subdivision (b) of Section 42238.1. In no event shall more than one support service allowance be generated by any pupil concurrently enrolled in more than one educational program. (A) A support services allowance may not be claimed for units of average daily attendance reported pursuant to the following: (i) Subdivision (b) of Section 1982 for pupils attending county community schools operated pursuant to Chapter 6.5 of Part 2 (commencing with Section 1980). (ii) Pupils attending juvenile court schools operated pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27. (iii) Pupils attending community day schools operated pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27. (iv) Pupils attending a county operated Cal-SAFE program pursuant to this article whose attendance is reported pursuant to Section 2551.3. (B) A support services allowance may not be used to supplant average daily attendance and revenue limit funding provided pursuant to paragraph (2) for the support of educational programs that Cal-SAFE program pupils attend. (2) Average daily attendance and revenue limit funding for pupils receiving services in the Cal-SAFE program shall be computed pursuant to provisions and regulations applicable to the educational program or programs that each pupil attends, except as provided in paragraph (3). (3) For attendance not claimed pursuant to paragraph (2), a county office of education may claim the statewide average revenue limit per unit of average daily attendance for high school districts, payable from Section A of the State School Fund, for the attendance of pupils receiving services in the Cal-SAFE program, provided that no other revenue limit funding is claimed for the same pupil and pupil attendance of no less than 240 minutes per day and is computed and maintained pursuant to Section 46300. (4) Except as provided in subdivision (c) of Section 54749.5, operators of Cal-SAFE programs shall be reimbursed in accordance with the amount specified in subdivision (b) of Section 8265 and the amounts specified in subdivisions (a) and (b) of Section 8265.5 for each child receiving services pursuant to the Cal-SAFE program who is the child of teen parents enrolled in the Cal-SAFE program. To be eligible for funding pursuant to this paragraph, the operational days of child care and development programs are only those necessary to provide child care services to children of pupils participating in Cal-SAFE. (5) Notwithstanding paragraph (1), pupils for whom attendance is reported pursuant to subdivision (b) of Section 1982, pupils attending juvenile court schools, and pupils attending community day schools may complete the intake process for the Cal-SAFE program and, if the intake process is completed, shall receive services pursuant to subdivision (b) of Section 54746. The children of pupils receiving services in the Cal-SAFE program pursuant to subdivision (b) of Section 54746 and attending juvenile court schools, county community schools, or community day schools are eligible for funding pursuant to paragraph (4) and no other provisions of this section. (b) Funds allocated pursuant to paragraph (1) of subdivision (a) shall be accounted for separately and shall be expended only to provide the supportive services enumerated in subdivision (b) of Section 54746, to provide in-service training as specified in subdivision (d) of Section 54746, and for the expenditures enumerated in subdivision (d) of this section. (c) Funds allocated pursuant to paragraph (4) of subdivision (a) shall be accounted for separately and shall be expended only to provide developmentally appropriate child care and development services pursuant to subdivision (c) of Section 54746 and staff development of child development program staff pursuant to subdivision (d) of Section 54746 for children of teen parents enrolled in the Cal-SAFE program for the purpose of promoting the children’s development comparable to age norms, access to health and preventive services, and enhanced school readiness. (d) Funds generated pursuant to Section 2551.3, subdivision (b) of Section 54749.5, and this section shall be accounted for separately and shall be expended only to provide the services enumerated in Section 54746 and the following expenditures as defined by the California State School Accounting Manual: (1) Expenditures defined as direct costs of instructional programs. (2) Expenditures defined as documented direct support costs. (3) Expenditures defined as allocated direct support costs. (4) Expenditures for indirect charges. (5) Expenditures defined as facility costs, including the costs of renting, leasing, lease-purchase, remodeling, or improving buildings. (e) Indirect costs may not exceed the lesser of the approved indirect cost rate or 10 percent. (f) Expenditures that represent contract payments to community-based organizations and other governmental agencies pursuant to paragraph (10) of subdivision (b) of Section 54745 for the operation of a Cal-SAFE program shall be included in the Cal-SAFE program account. (g) To the extent permitted by federal law, any funding made available to a school district or county superintendent of schools is subject to all of the following conditions: (1) The program is open to all eligible pupils without regard to any pupil’s religious beliefs or any other factor related to religion. (2) No religious instruction is included in the program. (3) The space where the program is operated is not used in any manner to foster religion during the time used for operation of the program. (h) A school district or county superintendent of schools implementing a Cal-SAFE program may establish a claims process to recover federal funds available for any services provided that are Medi-Cal eligible. (i) For purposes of serving pupils enrolled in the Cal-SAFE program in a summer school program or enrolled in a school program operating more than 180 days, eligibility for child care services pursuant to subdivision (c) of Section 54746 shall be determined by the parent’s hours of enrollment and shall be for only those hours necessary to further the completion of the parent’s educational program. (j) To meet startup costs for the opening of child care and development sites, as defined in subdivision (ab) of Section 8208, and applicable regulations, a school district or county office of education may apply for a one-time 15-percent service level exemption within the amount appropriated in the annual Budget Act for the purposes of paragraph (4) of subdivision (a) for each site meeting the criteria set forth in subdivision (ab) of Section 8208. To the extent that Budget Act funding is insufficient to cover the full costs of Cal-SAFE child care, reimbursements to all participating programs shall be reduced on a pro rata basis. A school district or county office of education shall submit claims pursuant to this subdivision with other claims submitted pursuant to this section. Funding provided for startup costs shall be utilized for approvable startup costs enumerated in subdivision (a) of Section 8275. (k) To meet costs for the renovation, repair, or improvement of an existing building to make the building suitable for licensure for child care and development services and for the purchase of new relocatable child care facilities for lease to school districts and contracting agencies that provide child care and development services, a school district or county office of education that provides child care pursuant to this article may apply for and receive funding pursuant to Section 8278.3. (l) Notwithstanding any other provision of this article, the implementation of this article is contingent upon appropriations in the annual Budget Act for the purpose of its administration and evaluation by the department. (m) Notwithstanding any other law, a charter school may apply for funding pursuant to this article and shall meet the requirements of this article to be eligible for funding pursuant to this section. (Amended by Stats. 2005, Ch. 677, Sec. 44. Effective October 7, 2005.)
  143. 54749.5.

    ## 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. )

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    Certain county superintendents and school districts must keep operating pregnant minors programs unless a transfer or alternative local services condition applies; some programs may also enroll additional pupils and claim funding, but the same attendance cannot be funded twice.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] ( Article 7.1 added by Stats. 1998, Ch. 1078, Sec. 11. ) ## 54749.5. (a) County superintendents who operated pregnant minors programs in the 1979–80 fiscal year, or commenced operation during the 1996–97 fiscal year, shall continue to operate pregnant minors programs in the 1980–81 fiscal year, or the 1997–98 fiscal year, as appropriate, and each fiscal year thereafter, and school districts that increased their revenue limit in the 1981–82 fiscal year pursuant to subdivision (d) of Section 42241 shall continue to operate pregnant minors programs in subsequent fiscal years, unless the program is transferred to another local education agency, or unless the county superintendent or district superintendent demonstrates that programs and services for pregnant minors, such as continuation school, home instruction, or independent instruction, are available from other local education agencies in the county, pursuant to rules and regulations adopted by the Superintendent of Public Instruction. (b) Pregnant minors programs that continue to operate pursuant to subdivision (a) and that continue to operate as Cal-SAFE programs may continue to claim funding pursuant to Section 2551.3 for an amount of average daily attendance up to the amount certified at the 1998–99 annual apportionment for that program. Programs continuing under this section may enroll pupils above the level of average daily attendance certified at the 1998–99 annual apportionment, and that additional average daily attendance shall be eligible for funding pursuant to Section 54749 and provisions that apply to the educational program that the pupil attends. (c) County offices of education that choose to retain their pregnant minor program revenue limit rather than convert to the Cal-SAFE revenue limit shall provide child care services from funds provided in their pregnant minor program revenue limit pursuant to Section 2551.3 for children of pupils comprising base year average daily attendance as certified at the 1998–99 annual apportionment. Growth funding for child care shall be equal to the proportionate share of child care funding for the specific agency’s program, determined by dividing the certified growth in pupil average daily attendance by the total certified average daily attendance. (d) Nothing in this section shall be construed as allowing a county superintendent to receive funding pursuant to Sections 2551.3 and 54749 for the same average daily attendance, or for average daily attendance generated by the same pupil on the same calendar day. (Amended by Stats. 2000, Ch. 1057, Sec. 8. Effective January 1, 2001. Note: Previously, this section was conditionally amended and renumbered from 8901 by Stats. 1998, Ch. 1078, and amended by Stats. 2000, Ch. 71.)
  144. 54750.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Green Technology Partnership Academies [54750- 54750.] ( Article 7.5 added by Stats. 2008, Ch. 685, Sec. 2. )

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    The Superintendent must issue partnership academy grants from 2009–10 onward when funds are available, and must prioritize green technology academies until each of the nine economic regions has at least one.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Green Technology Partnership Academies [54750- 54750.] ( Article 7.5 added by Stats. 2008, Ch. 685, Sec. 2. ) ## 54750. (a) Commencing with the 2009–10 school year, when funds become available for additional partnership academies within the total number of grants available for all partnership academies pursuant to Section 54691, the Superintendent shall issue grants for the establishment of partnership academies and shall give priority to the establishment of partnership academies dedicated to educating pupils in the emerging environmentally sound technologies until no less than one green technology partnership academy has been established in each of the nine economic regions established by the state. The academies may include, but are not limited to, technologies that educate pupils in the following areas: (1) Energy audits that include a determination of energy savings. (2) Retrofitting and weatherization activities that increase energy efficiency and conservation. (3) Energy-efficient and water-efficient buildings. (4) Retrofitting and installing energy-efficient household appliances, windows, doors, insulation, and lighting. (5) Retrofitting and installing water and energy conservation technologies in existing homes, industrial buildings, and commercial and public buildings, to improve efficiency, including the use of energy and water management technologies and control systems. (6) The design, construction, manufacture, sale, assembly, installation, and maintenance of energy-efficient technologies and renewable energy facilities, or the component parts of renewable energy technologies. (7) Energy-efficient technologies or practices and renewable energy production, or the component parts of renewable energy plants and energy distribution, including energy storage; energy infrastructure, including transmission; transportation, including logistics; and water and wastewater, including water conservation. (8) Performance and low-emission vehicle technology, automotive computer systems, mass transit fleet conversion, and the servicing and maintenance of those technologies. (9) Pollution prevention and hazardous and solid waste reduction. (10) Ocean, soil, or water conservation, or forestation strategies to mitigate climate change impacts. (b) (1) The selection of school districts to establish the green technology partnership academies and the planning and development of the green technology partnership academies shall be conducted pursuant to the procedures and requirements established in Section 54691 for all partnership academies. The planning grants shall be made available for academies pursuant to this article from the total number of grants established pursuant to Section 54691. (2) In the event a school district applies to convert an existing school program to a partnership academy and meets all the criteria for a partnership academy pursuant to Section 54692 and paragraph (3), the department, in coordination with the Superintendent, may provide that academy with first-year implementation funds, as appropriate. (3) (A) In order to be eligible for funding pursuant to this article, the coursework and internship or preapprenticeship programs of the proposed academy shall focus on the use of environmentally sound technologies and practices. The proposed academy shall demonstrate this through its efforts to obtain input from environmental industry, utilities, and professional trade organizations. (B) Staff development opportunities also shall be included in the academy plans to ensure that teaching staff has the opportunity to be educated in the use of emerging technologies and to become familiar with new materials and current practices in the field. (c) The priority established in this section may be satisfied when the specified number of green technology partnership academies meeting the requirements of this article are funded by any of, or a combination of, funds appropriated for the establishment of partnership academies. (Added by Stats. 2008, Ch. 685, Sec. 2. Effective January 1, 2009.)
  145. 54800.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. California Student Author Program [54800 - 54804] ( Article 10 added by Stats. 2018, Ch. 33, Sec. 5. )

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    The Legislature makes findings about low literacy among California pupils and its effects.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. California Student Author Program [54800 - 54804] ( Article 10 added by Stats. 2018, Ch. 33, Sec. 5. ) ## 54800. The Legislature finds and declares all of the following: (a) The trend of low-income youth struggling to become proficient in reading and writing is a narrative that is passed down from era to era. (b) According to The Literacy Project, there are currently 45 million Americans who are functionally illiterate and unable to read above a 5th grade level. In California, 25 percent of the state’s 6 million pupils are unable to perform basic reading skills. (c) According to the organization DoSomething.org, nearly 85 percent of the juveniles who face trial in the juvenile court system are functionally illiterate, proving that there is a close relationship between illiteracy and crime. (d) Over half of California pupils failed to meet English standards based on Spring 2017 standardized test results, a performance that remained essentially flat compared to the previous year. (e) About 49 percent of pupils statewide met or exceeded English standards on the California Assessment of Student Performance and Progress in 2017, which is administered to public school pupils at certain grade levels each year. The same proportion of California pupils met English standards in 2016. (f) For decades, generational illiteracy has hindered the careers, futures, and hopes of many pupils and their families. (Added by Stats. 2018, Ch. 33, Sec. 5. (AB 1809) Effective June 27, 2018.)
  146. 54801.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. California Student Author Program [54800 - 54804] ( Article 10 added by Stats. 2018, Ch. 33, Sec. 5. )

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    This section establishes the California Student Author Program for public schoolage children from extremely low-income communities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. California Student Author Program [54800 - 54804] ( Article 10 added by Stats. 2018, Ch. 33, Sec. 5. ) ## 54801. There is hereby established the California Student Author Program to accomplish all of the following for public schoolage children from extremely low-income communities: (a) Improve English language skills. (b) Improve academic performance. (c) Build healthy relationships with the community. (d) Equip participants with critical life skills. (e) Promote positive life choices. (f) Increase literacy, reading, and writing among program participants. (Amended by Stats. 2019, Ch. 497, Sec. 74. (AB 991) Effective January 1, 2020.)
  147. 54802.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. California Student Author Program [54800 - 54804] ( Article 10 added by Stats. 2018, Ch. 33, Sec. 5. )

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    Grant recipients must run the literacy program, serve eligible public schoolage children, create a student author program, and report information to the California State Library on its 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. California Student Author Program [54800 - 54804] ( Article 10 added by Stats. 2018, Ch. 33, Sec. 5. ) ## 54802. (a) Any organization that is a grant recipient pursuant to Section 54804 shall implement the literacy program described in this section in the 2019–20 and 2020–21 school years. (b) A grant recipient shall provide the literacy program described in this section to public schoolage children who are eligible for free and reduced cost lunch. (c) A grant recipient shall establish a student author program to provide the participants an opportunity to write, edit, and promote a short story or other forms of literature. A grant recipient should provide regular, sequential student author workshops that parallel or complement school calendars, such as quarterly, semester, or summer and vacation-intensive programs that include, but are not limited to, the following components: (1) Writing and editing, including instruction in the skills necessary for creative writing. (2) Publishing an anthology. (3) Marketing, media, and community relations, including instruction in book brand development and entrepreneurship. (4) Individual and group presentations. (5) Community-based book signing events. (d) Grant recipients are expected to implement programming that does all of the following: (1) Fosters critical thinking in student authors. (2) Teaches students to practice effective problem solving. (3) Instructs students on creating an outline for their writing project. (4) Teaches students to develop promotional and advertising tools. (5) Provides students with an understanding of how to create a literary character and an engaging plot. (e) A grant recipient shall collect and provide to the California State Library, on a reporting schedule set by the California State Library, any information sought by the library, including achieving the outcomes listed in Section 54801 and the reporting data described in Section 54803. (Amended by Stats. 2019, Ch. 497, Sec. 75. (AB 991) Effective January 1, 2020.)
  148. 54803.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. California Student Author Program [54800 - 54804] ( Article 10 added by Stats. 2018, Ch. 33, Sec. 5. )

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    The California State Library must report to the Legislature on the California Student Author Program outcomes by January 1, 2022, and the report must include specified outcome and demographic information.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. California Student Author Program [54800 - 54804] ( Article 10 added by Stats. 2018, Ch. 33, Sec. 5. ) ## 54803. (a) Not later than January 1, 2022, the California State Library shall report to the Legislature on the outcomes of the California Student Author Program. The report shall include, but is not limited to, all of the following information: (1) The extent to which the project accomplished the outcomes described in Section 54801. (2) Demographic data about program participants, disaggregated by race, gender, foster youth, and English learners. (b) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2026, pursuant to Section 10231.5 of the Government Code. (2) The report prepared pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2018, Ch. 33, Sec. 5. (AB 1809) Effective June 27, 2018.)
  149. 54804.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. California Student Author Program [54800 - 54804] ( Article 10 added by Stats. 2018, Ch. 33, Sec. 5. )

    Verify source ↗

    The California State Library must award grants under this article, choose recipients, and may use up to 3% of appropriated funds for administrative 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 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] ( Part 29 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. Miscellaneous Programs [54680 - 54804] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. California Student Author Program [54800 - 54804] ( Article 10 added by Stats. 2018, Ch. 33, Sec. 5. ) ## 54804. (a) (1) The California State Library shall provide grant awards for purposes of this article to nonprofit organizations, public libraries, and local educational entities that have demonstrated experience in providing similar literacy programs to children in extremely low-income communities. (2) The California State Library shall select grant recipients for the California Student Author Program with the participation goal of at least 1,000 public schoolage students, cumulatively, over the course of the 2019–20 and 2020–21 school years. (b) A grant recipient shall use the funds awarded pursuant to this article only for the purposes described in this article. (c) The California State Library may use up to 3 percent of the funds appropriated for the purposes of this article for administrative costs. (Amended by Stats. 2019, Ch. 497, Sec. 76. (AB 991) Effective January 1, 2020.)
  150. 56000.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Intent [56000 - 56001] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The section states that individuals with exceptional needs have a right to free appropriate public education and describes the Legislature’s intent for special education programs in California.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Intent [56000 - 56001] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56000. (a) The Legislature finds and declares that all individuals with exceptional needs have a right to participate in free appropriate public education and special educational instruction and services for these persons are needed in order to ensure the right to an appropriate educational opportunity to meet their unique needs. (b) The Legislature further finds and declares that special education is an integral part of the total public education system and provides education in a manner that promotes maximum interaction between children or youth with disabilities and children or youth who are not disabled, in a manner that is appropriate to the needs of both. (c) The Legislature further finds and declares that special education provides a full continuum of program options, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings, and instruction in physical education, to meet the educational and service needs in the least restrictive environment. (d) It is the intent of the Legislature to unify and improve special education programs in California under the flexible program design of the Master Plan for Special Education. It is the further intent of the Legislature to ensure that all individuals with exceptional needs are provided their rights to appropriate programs and services which are designed to meet their unique needs under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (e) It is the further intent of the Legislature that this part does not abrogate any rights provided to individuals with exceptional needs and their parents or guardians under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). It is also the intent of the Legislature that this part does not set a higher standard of educating individuals with exceptional needs than that established by Congress under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (f) It is the further intent of the Legislature that the Master Plan for Special Education provide an educational opportunity for individuals with exceptional needs that is equal to or better than that provided prior to the implementation of programs under this part, including, but not limited to, those provided to individuals previously served in a development center for handicapped pupils. (g) It is the intent of the Legislature that the restructuring of special education programs as set forth in the Master Plan for Special Education be implemented in accordance with this part by all districts and county offices. (Amended by Stats. 2007, Ch. 454, Sec. 1. Effective October 10, 2007.)
  151. 56000.5.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Intent [56000 - 56001] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section states legislative findings about low-incidence disabilities and says hard-of-hearing and deaf children should have appropriate, accessible education and related support.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Intent [56000 - 56001] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56000.5. (a) The Legislature finds and declares that: (1) Pupils with low-incidence disabilities, as a group, make up less than 1 percent of the total statewide enrollment for kindergarten through grade 12. (2) Pupils with low-incidence disabilities require highly specialized services, equipment, and materials. (b) The Legislature further finds and declares that: (1) Deafness involves the most basic of human needs—the ability to communicate with other human beings. Many hard-of-hearing and deaf children use an appropriate communication mode, sign language, which may be their primary language, while others express and receive language orally and aurally, with or without visual signs or cues. Still others, typically young hard-of-hearing and deaf children, lack any significant language skills. It is essential for the well-being and growth of hard-of-hearing and deaf children that educational programs recognize the unique nature of deafness and ensure that all hard-of-hearing and deaf children have appropriate, ongoing, and fully accessible educational opportunities. (2) It is essential that hard-of-hearing and deaf children, like all children, have an education in which their unique communication mode is respected, utilized, and developed to an appropriate level of proficiency. (3) It is essential that hard-of-hearing and deaf children have an education in which special education teachers, psychologists, speech therapists, assessors, administrators, and other special education personnel understand the unique nature of deafness and are specifically trained to work with hard-of-hearing and deaf pupils. It is essential that hard-of-hearing and deaf children have an education in which their special education teachers are proficient in the primary language mode of those children. (4) It is essential that hard-of-hearing and deaf children, like all children, have an education with a sufficient number of language mode peers with whom they can communicate directly and who are of the same, or approximately the same, age and ability level. (5) It is essential that hard-of-hearing and deaf children have an education in which their parents and, where appropriate, hard-of-hearing and deaf people are involved in determining the extent, content, and purpose of programs. (6) Hard-of-hearing and deaf children would benefit from an education in which they are exposed to hard-of-hearing and deaf role models. (7) It is essential that hard-of-hearing and deaf children, like all children, have programs in which they have direct and appropriate access to all components of the educational process, including, but not limited to, recess, lunch, and extracurricular social and athletic activities. (8) It is essential that hard-of-hearing and deaf children, like all children, have programs in which their unique vocational needs are provided for, including appropriate research, curricula, programs, staff, and outreach. (9) Each hard-of-hearing and deaf child should have a determination of the least restrictive educational environment that takes into consideration these legislative findings and declarations. (10) Given their unique communication needs, hard-of-hearing and deaf children would benefit from the development and implementation of regional programs for children with low-incidence disabilities. (Amended by Stats. 1994, Ch. 1126, Sec. 1. Effective September 30, 1994. Implementation contingent upon funding, as prescribed by Sec. 6 of Ch. 1126.)
  152. 56001.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Intent [56000 - 56001] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section states the Legislature’s intent for special education programs, including early opportunities, individualized education programs, coordinated services, and ongoing evaluation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Intent [56000 - 56001] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56001. It is the intent of the Legislature that special education programs provide all of the following: (a) Each individual with exceptional needs is assured an education appropriate to his or her needs in publicly supported programs through completion of his or her prescribed course of study or until the time that he or she has met proficiency standards prescribed. (b) Early educational opportunities shall be available to all children between the ages of three and five years who require special education and services. (c) Early educational opportunities shall be made available to children younger than three years of age pursuant to Chapter 4.4 (commencing with Section 56425), appropriate sections of this part, and the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code). (d) Any child younger than three years of age, potentially eligible for special education, shall be afforded the protections provided pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and Section 1439 of Title 20 of the United States Code and implementing regulations. (e) Each individual with exceptional needs shall have his or her educational goals, objectives, and special education and related services specified in a written individualized education program. (f) Education programs are provided under an approved local plan for special education that sets forth the elements of the programs in accordance with this part. This plan for special education shall be developed cooperatively with input from the community advisory committee and appropriate representation from special and regular teachers and administrators selected by the groups they represent to ensure effective participation and communication. (g) Individuals with exceptional needs are offered special assistance programs that promote maximum interaction with the general school population in a manner that is appropriate to the needs of both, taking into consideration, for hard-of-hearing or deaf children, the individual’s needs for a sufficient number of age and language mode peers and for special education teachers who are proficient in the individual’s primary language mode. (h) Pupils are transferred out of special education programs when special education services are no longer needed. (i) The unnecessary use of labels is avoided in providing special education and related services for individuals with exceptional needs. (j) Procedures and materials for assessment and placement of individuals with exceptional needs shall be selected and administered so as not to be racially, culturally, or sexually discriminatory. No single assessment instrument shall be the sole criterion for determining the placement of a pupil. The procedures and materials for assessment and placement shall be in the individual’s mode of communication. Procedures and materials for use with pupils of limited-English proficiency, as defined in subdivision (m) of Section 52163 and in paragraph (18) of Section 1401 of Title 20 of the United States Code, shall be in the individual’s native language, as defined in paragraph (20) of Section 1401 of Title 20 of the United States Code. All assessment materials and procedures shall be selected and administered pursuant to Section 56320. (k) Educational programs are coordinated with other public and private agencies, including preschools, child development programs, nonpublic nonsectarian schools, regional occupational centers and programs, and postsecondary and adult programs for individuals with exceptional needs. (l) Psychological and health services for individuals with exceptional needs shall be available to each schoolsite. (m) Continuous evaluation of the effectiveness of these special education programs by the local educational agencies shall be made to ensure the highest quality educational offerings. (n) Appropriate qualified staff are employed, consistent with credentialing requirements, to fulfill the responsibilities of the local plan and positive efforts are made to employ qualified disabled individuals. (o) Regular and special education personnel are adequately prepared to provide educational instruction and services to individuals with exceptional needs. (Amended by Stats. 2005, Ch. 653, Sec. 2. Effective October 7, 2005.)
  153. 56020.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section says the article’s defined terms apply throughout the part unless the context requires otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56020. As used in this part, the definitions prescribed by this article apply unless the context otherwise requires. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  154. 56020.5.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “assistive technology device” for special education 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56020.5. “Assistive technology device,” as provided in paragraph (1) of Section 1401 of Title 20 of the United States Code, means any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs. The term does not include a medical device that is surgically implanted, or the replacement of that device. (Added by Stats. 2005, Ch. 653, Sec. 2.5. Effective October 7, 2005.)
  155. 56021.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “Board” as the State Board of Education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56021. “Board” means the State Board of Education. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  156. 56021.1.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “consent” for special education matters and says a parent or guardian may revoke consent, but revocation is not retroactive.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56021.1. “Consent,” as provided in Section 300.9 of Title 34 of the Code of Federal Regulations, means all of the following: (a) The parent or guardian has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication. (b) The parent or guardian understands and agrees in writing to the carrying out of the activity for which his or her consent is sought; and the consent describes that activity and lists the records, if any, that will be released and to whom. (c) The parent or guardian understands that the granting of consent is voluntary on the part of the parent or guardian and may be revoked at any time. If a parent or guardian revokes consent, that revocation is not retroactive to negate an action that has occurred after the consent was given and before the consent was revoked. A public agency is not required to amend the education records of a child to remove any reference to the child’s receipt of special education and services if the child’s parent or guardian submits a written revocation of consent after the initial provision of special education and related services to the child. (Amended by Stats. 2010, Ch. 243, Sec. 1. (AB 1841) Effective January 1, 2011.)
  157. 56022.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    “County office” means the office of the county superintendent of 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56022. “County office” means office of the county superintendent of schools. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  158. 56023.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    In this provision, “day” means a calendar day.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56023. “Day” means a calendar day. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  159. 56024.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “Department” to mean the Department of Education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56024. “Department” means the Department of Education. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  160. 56025.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “district” as a school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56025. “District” means school district. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  161. 56026.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “individuals with exceptional needs” and sets age and eligibility limits for special education participation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56026. “Individuals with exceptional needs” means those persons who satisfy all the following: (a) Identified by an individualized education program team as a child with a disability, as that phrase is defined in Section 1401(3)(A) of Title 20 of the United States Code. (b) Their impairment, as described by subdivision (a), requires instruction and services which cannot be provided with modification of the regular school program in order to ensure that the individual is provided a free appropriate public education pursuant to Section 1401(9) of Title 20 of the United States Code. (c) Come within one of the following age categories: (1) Younger than three years of age and identified by the local educational agency as requiring intensive special education and services, as defined by the board. (2) Between the ages of three to five years, inclusive, and identified by the local educational agency pursuant to Section 56441.11. (3) Between the ages of five and 18 years, inclusive. (4) Between the ages of 19 and 21 years, inclusive; enrolled in or eligible for a program under this part or other special education program prior to his or her 19th birthday; and has not yet completed his or her prescribed course of study or who has not met proficiency standards or has not graduated from high school with a regular high school diploma. (A) Any person who becomes 22 years of age during the months of January to June, inclusive, while participating in a program under this part may continue his or her participation in the program for the remainder of the current fiscal year, including any extended school year program for individuals with exceptional needs established pursuant to Section 3043 of Title 5 of the California Code of Regulations and Section 300.106 of Title 34 of the Code of Federal Regulations. (B) Any person otherwise eligible to participate in a program under this part shall not be allowed to begin a new fiscal year in a program if he or she becomes 22 years of age in July, August, or September of that new fiscal year. However, if a person is in a year-round school program and is completing his or her individualized education program in a term that extends into the new fiscal year, then the person may complete that term. (C) Any person who becomes 22 years of age during the months of October, November, or December while participating in a program under this act shall be terminated from the program on December 31 of the current fiscal year, unless the person would otherwise complete his or her individualized education program at the end of the current fiscal year. (D) No local educational agency may develop an individualized education program that extends these eligibility dates, and in no event may a pupil be required or allowed to attend school under the provisions of this part beyond these eligibility dates solely on the basis that the individual has not met his or her goals or objectives. (d) Meet eligibility criteria set forth in regulations adopted by the board, including, but not limited to, those adopted pursuant to Article 2.5 (commencing with Section 56333) of Chapter 4. (e) Unless disabled within the meaning of subdivisions (a) to (d), inclusive, pupils whose educational needs are due primarily to limited English proficiency; a lack of instruction in reading or mathematics; temporary physical disabilities; social maladjustment; or environmental, cultural, or economic factors are not individuals with exceptional needs. (Amended by Stats. 2007, Ch. 56, Sec. 5. Effective January 1, 2008.)
  162. 56026.1.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A student with exceptional needs who graduates with a regular high school diploma is no longer eligible for special education and related 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56026.1. (a) As provided in Section 300.102(a)(3)(i) of Title 34 of the Code of Federal Regulations, an individual with exceptional needs who graduates from high school with a regular high school diploma is no longer eligible for special education and related services. (b) For purposes of this section and Section 56026, a “regular high school diploma” means a diploma conferred on a pupil who has met all local and state high school graduation requirements. (c) As used in this section, and in accordance with Section 300.102(a)(3)(iv) of Title 34 of the Code of Federal Regulations, “regular high school diploma” does not include an alternative degree that is not fully aligned with the academic standards of the State of California, such as a certificate or a General Educational Development credential (GED). (Amended by Stats. 2007, Ch. 454, Sec. 2. Effective October 10, 2007.)
  163. 56026.2.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “language mode” for hard-of-hearing and deaf 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56026.2. “Language mode” means the method of communication used by hard-of-hearing and deaf children that may include the use of sign language to send or receive messages or the use of spoken language, with or without visual signs or cues. (Added by Stats. 1994, Ch. 1126, Sec. 3. Effective September 30, 1994. Implementation contingent upon funding, as prescribed by Sec. 6 of Ch. 1126.)
  164. 56026.3.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56026.3. “Local educational agency” means a school district, a county office of education, a nonprofit charter school participating as a member of a special education local plan area, or a special education local plan area. (Amended by Stats. 2007, Ch. 56, Sec. 5.5. Effective January 1, 2008.)
  165. 56026.5.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “low incidence disability” as a severe disabling condition with an expected incidence rate below 1% of statewide K-12 enrollment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56026.5. “Low incidence disability” means a severe disabling condition with an expected incidence rate of less than one percent of the total statewide enrollment in kindergarten through grade 12. For purposes of this definition, severe disabling conditions are hearing impairments, vision impairments, and severe orthopedic impairments, or any combination thereof. For purposes of this definition, vision impairments do not include disabilities within the function of vision specified in Section 56338. (Amended by Stats. 1995, Ch. 203, Sec. 1. Effective January 1, 1996.)
  166. 56027.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    “Local plan” means a plan meeting specified chapter requirements and submitted by certain school-district combinations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56027. “Local plan” means a plan that meets the requirements of Chapter 2.5 (commencing with Section 56195) and Chapter 3 (commencing with Section 56205) and that is submitted by a single school district, two or more school districts, or one or more school districts together with one or more county offices of education. (Amended by Stats. 2007, Ch. 56, Sec. 6. Effective January 1, 2008.)
  167. 56028.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines who counts as a “parent” for this part of the Education Code.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56028. (a) “Parent” means any of the following: (1) A biological or adoptive parent of a child. (2) A foster parent if the authority of the biological or adoptive parents to make educational decisions on the child’s behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations. (3) A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code. (4) An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the child’s welfare. (5) A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code. (b) (1) Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child. (2) If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (4), inclusive, of subdivision (a) to act as the “parent” of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the “parent” for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code. (c) “Parent” does not include the state or any political subdivision of government. (d) “Parent” does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child. (Amended by Stats. 2008, Ch. 223, Sec. 12. Effective January 1, 2009.)
  168. 56028.3.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “prone restraint” as a behavioral restraint applied to a pupil while facedown, including prone containment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56028.3. “Prone restraint” means the application of a behavioral restraint on a pupil in a facedown position for any period of time and includes the procedure known as prone containment. (Added by Stats. 2024, Ch. 857, Sec. 4. (SB 483) Effective January 1, 2025.)
  169. 56028.5.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “public agency” for special education 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56028.5. “Public agency” means a school district, county office of education, special education local plan area, a nonprofit public charter school that is not otherwise included as a local educational agency and is not a school within a local educational agency, or any other public agency under the auspices of the state or any political subdivisions of the state providing special education or related services to individuals with exceptional needs. For purposes of this part, “public agency,” means all of the public agencies listed in Section 300.33 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 454, Sec. 5. Effective October 10, 2007.)
  170. 56029.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “referral for assessment” as a written request for assessment to identify an individual with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56029. “Referral for assessment” means any written request for assessment to identify an individual with exceptional needs made by any of the following: (a) A parent or guardian of the individual. (b) A teacher or other service provider of the individual. (c) A foster parent of the individual, consistent with the limitations contained in federal law. (Amended by Stats. 2001, Ch. 734, Sec. 51. Effective October 11, 2001.)
  171. 56030.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “responsible local agency” as the school district or county office of education named in the local plan to serve as the administrative entity.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56030. “Responsible local agency” means the school district or county office of education designated in the local plan as the administrative entity the duties of which shall include, but are not limited to, receiving and distributing regionalized services funds, providing administrative support, and coordinating the implementation of the plan. (Amended by Stats. 2008, Ch. 179, Sec. 55. Effective January 1, 2009.)
  172. 56030.5.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    “Severely disabled” is defined as people with exceptional needs who require intensive instruction and training in programs serving pupils with certain profound disabilities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56030.5. “Severely disabled” means individuals with exceptional needs who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, severe intellectual disability, and those individuals who would have been eligible for enrollment in a development center for handicapped pupils under Chapter 6 (commencing with Section 56800), as it read on January 1, 1980. (Amended by Stats. 2011, Ch. 347, Sec. 33. (SB 942) Effective January 1, 2012.)
  173. 56031.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “special education” and says transition services may qualify as special education if they meet stated 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56031. (a) “Special education,” in accordance with Section 1401(29) of Title 20 of the United States Code, means specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs, including instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings, and instruction in physical education. (b) In accordance with Section 300.39 of Title 34 of the Code of Federal Regulations, special education includes each of the following, if the services otherwise meet the requirements of subdivision (a): (1) Speech-language pathology services, or any other designated instruction and service or related service, pursuant to Section 56363, if the service is considered special education rather than a designated instruction and service or related service under state standards. (2) Travel training. (3) Vocational education. (c) Transition services for individuals with exceptional needs may be special education, in accordance with Section 300.43(b) of Title 34 of the Code of Federal Regulations, if provided as specially designed instruction, or a related service, if required to assist an individual with exceptional needs to benefit from special education. (d) Individuals with exceptional needs shall be grouped for instructional purposes according to their instructional needs. (e) This section shall not be construed to prohibit an individualized education program from including specialized deaf and hard-of-hearing related services as the only services. (Amended by Stats. 2025, Ch. 44, Sec. 2. (AB 784) Effective January 1, 2026.)
  174. 56032.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “individualized education program” as a written document for an individual with exceptional needs, and also includes an individualized family service plan for certain children under three.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56032. “Individualized education program” means a written document described in Sections 56345 and 56345.1 for an individual with exceptional needs that is developed, reviewed, and revised in a meeting in accordance with Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations and this part. It also means “individualized family service plan” as described in Section 1436 of Title 20 of the United States Code if the individualized education program pertains to an individual with exceptional needs younger than three years of age. (Amended by Stats. 2007, Ch. 56, Sec. 9. Effective January 1, 2008.)
  175. 56033.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “Superintendent” as the Superintendent of Public Instruction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56033. “Superintendent” means the Superintendent of Public Instruction. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  176. 56033.5.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section defines “supplementary aids and services” as supports provided in regular, extracurricular, and other education-related settings to help individuals with exceptional needs learn with nondisabled children as much as appropriate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56033.5. “Supplementary aids and services,” as provided in Section 1401(33) of Title 20 of the United States Code and in Section 300.42 of Title 34 of the Code of Federal Regulations, means aids, services, and other supports that are provided in regular education classes or other education-related settings and in extracurricular and nonacademic settings, to enable individuals with exceptional needs to be educated with nondisabled children to the maximum extent appropriate in accordance with Section 1412(a)(5) of Title 20 of the United States Code and Sections 300.114 to 300.116, inclusive, of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 454, Sec. 7. Effective October 10, 2007.)
  177. 56034.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section defines “nonpublic, nonsectarian school” and says such a school must be certified by the department, serve individuals with exceptional needs under an individualized education program, and meet standards set by the Superintendent and 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56034. “Nonpublic, nonsectarian school” means a private, nonsectarian school that enrolls individuals with exceptional needs pursuant to an individualized education program and is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, or a public university or college. A nonpublic, nonsectarian school also shall meet standards as prescribed by the Superintendent and board. (Amended by Stats. 2005, Ch. 639, Sec. 6. Effective January 1, 2006.)
  178. 56035.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “nonpublic, nonsectarian agency” and requires such an agency to meet standards prescribed by the superintendent and 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Definitions [56020 - 56035] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56035. “Nonpublic, nonsectarian agency” means a private, nonsectarian establishment or individual that provides related services necessary for an individual with exceptional needs to benefit educationally from the pupils’ educational program pursuant to an individualized education program and that is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, a public university or college, or a public hospital. The nonpublic, nonsectarian agency shall also meet standards as prescribed by the superintendent and board. (Added by Stats. 1993, Ch. 939, Sec. 2. Effective October 8, 1993.)
  179. 56040.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Eligible individuals with exceptional needs must receive special education instruction and related services at no cost, and a free appropriate public education must be available to them. Certain 18-to-21-year-olds in adult correctional facilities are not entitled to that education under the stated condition.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56040. (a) Every individual with exceptional needs who is eligible to receive special education instruction and related services under this part, shall receive that instruction and those services at no cost to his or her parents or, as appropriate, to him or her. A free appropriate public education shall be available to individuals with exceptional needs in accordance with Section 1412(a)(1) of Title 20 of the United States Code and Section 300.101 of Title 34 of the Code of Federal Regulations. (b) An individual, aged 18 through 21 years, who, in the educational placement prior to his or her incarceration in an adult correctional facility was not identified as being an individual with exceptional needs or did not have an individualized education program under this part, is not entitled to a free appropriate public education pursuant to Section 1412(a)(1)(B)(ii) of Title 20 of the United States Code. (Amended by Stats. 2007, Ch. 56, Sec. 10. Effective January 1, 2008.)
  180. 56040.1.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Public agencies must ensure least-restrictive- environment placements for individuals with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56040.1. In accordance with Section 1412(a)(5) of Title 20 of the United States Code and Section 300.114 of Title 34 of the Code of Federal Regulations, each public agency shall ensure the following to address the least restrictive environment for individuals with exceptional needs: (a) To the maximum extent appropriate, individuals with exceptional needs, including children in public or private institutions or other care facilities, are educated with children who are nondisabled. (b) Special classes, separate schooling, or other removal of individuals with exceptional needs from the regular educational environment occurs only if the nature or severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. (Added by Stats. 2007, Ch. 454, Sec. 8. Effective October 10, 2007.)
  181. 56040.3.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Local educational agencies must provide certain school-purchased assistive technology devices for eligible children and keep access available after a student changes districts, subject to 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56040.3. (a) Pursuant to Section 300.105 of Title 34 of the Code of Federal Regulations, a local educational agency shall provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings if the child’s individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education. (b) (1) A local educational agency shall be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency. (2) The responsibility of the local educational agency under paragraph (1) shall be in force until alternative arrangements for providing the individual with exceptional needs with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first. (c) For purposes of this section, in addition to the definition of “local educational agency,” in this article, “local educational agency” also includes a charter school as established pursuant to Chapter 2 (commencing with Section 47605) of Part 26.8. (Added by Stats. 2019, Ch. 228, Sec. 2. (AB 605) Effective January 1, 2020.)
  182. 56040.5.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    School personnel may not require an individual with exceptional needs to get a controlled-substance prescription as a condition of attending school, getting an assessment, or receiving services under this part.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56040.5. (a) State and local educational agency personnel are prohibited, pursuant to paragraph (25) of subsection (a) of Section 1412 of Title 20 of the United States Code, from requiring an individual with exceptional needs to obtain a prescription for a medication that is a substance covered by the Controlled Substances Act (21 U.S.C. Sec. 801 et seq.) as a condition of attending school, receiving an assessment under subsection (a) or (c) of Section 1414 of Title 20 of the United States Code, or receiving services under this part. (b) Subdivision (a) does not create a federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a pupil’s academic and functional performance, his or her behavior in the class or school, or the need for assessment for special education and related services under paragraph (3) of subsection (a) of Section 1412 of Title 20 of the United States Code. (Added by Stats. 2005, Ch. 653, Sec. 5. Effective October 7, 2005.)
  183. 56040.6.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Local educational agencies must consider specified language-access factors for deaf, hard of hearing, and deaf-blind pupils, and the department must communicate these requirements by July 1, 2025.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56040.6. (a) Consistent with state and federal law, implementing inclusion and universal design for learning initiatives for pupils 0 to 22 years of age, inclusive, a local educational agency shall consider all of the following with respect to the full language access needs of pupils who are deaf, hard of hearing, or deaf-blind, as described in paragraph (2) of subdivision (a) of Section 56326.5 and subdivision (d) of Section 56345: (1) The legislative findings and declarations in subdivision (b) of Section 56000.5. (2) Section 300.114(a)(2)(ii) of Title 34 of the Code of Federal Regulations, which requires each public agency to ensure that special classes, separate schooling, or other removal of pupils with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. (3) Section 300.324(a)(2)(iv) of Title 34 of the Code of Federal Regulations, and paragraph (4) of subdivision (b) of Section 56341.1, which requires an individualized family service plan and individualized education program teams in the case of a pupil who is deaf, hard of hearing, or deaf-blind, to consider the pupil’s language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode. (4) Section 300.324(a)(2)(iii) of Title 34 of the Code of Federal Regulations, which requires in the case of a pupil who is blind or visually impaired, to provide for instruction in braille and the use of braille unless the individualized education program team determines, after an evaluation of the pupil’s reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the pupil’s future needs for instruction in braille or the use of braille, that instruction in braille or the use of braille is not appropriate for the pupil. (5) Federal guidance, as set forth in 57 Federal Register 49274 (October 30, 1992), which states that meeting the unique communication and related needs of a pupil who is deaf, hard of hearing, or deaf-blind is a fundamental part of providing a free appropriate public education to the pupil. (6) Federal guidance, as set forth in 57 Federal Register 49274 (October 30, 1992), which states that the decision as to what placement will provide a free appropriate public education for an individual pupil who is deaf, hard of hearing, or deaf-blind, includes a determination as to the least restrictive environment in which appropriate services can be made available to the pupil, must be made only after a full and complete individualized family service plan or individualized education program has been developed that addresses the full range of the pupil’s needs. (7) Subdivision (c) of Section 56341.1, which requires an individualized education program team to, if the team determines that a pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive a free appropriate public education, include a statement to that effect in the pupil’s individualized education program. (8) The importance of obtaining stakeholder input from deaf, hard of hearing, or deaf-blind individuals and experts from nonprofit organizations serving deaf and hard of hearing individuals. (9) The importance of actively involving and respecting the input and choices of the parents or guardians of pupils, by including all of the following: (A) Considering a pupil’s language development as specified in in paragraph (2) of subdivision (a) of Section 56326.5 and subdivision (d) of Section 56345. (B) Considering a pupil’s academic progress. (C) Considering a parent’s or guardian’s knowledge and understanding of their child’s unique needs, including their insights into the child’s language and communication preferences. (D) Facilitating meaningful participation of a parent or guardian in all team meetings and decisionmaking processes, ensuring their choices are documented and considered in the development and review of the individualized family service plan or the individualized education program. (b) When an individualized family service plan or individualized education program team is determining the least restrictive environment for a deaf, hard of hearing, or deaf-blind pupil 0 to 22 years of age, inclusive, the individualized family service plan and individualized education program team shall do both of the following: (1) Consider the language needs, as described in paragraph (2) of subdivision (a) of Section 56326.5 and subdivision (d) of Section 56345, of the pupil, including the pupil’s language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode consistent with, but not limited to, the requirements of Section 56341.1 and the findings and declarations in Section 56000.5. (2) Consider reviewing placements and services available to the pupil, including those provided by a school district, a county office of education, a regional program, a nonpublic, nonsectarian school or an agency certified by the state, and the California School for the Deaf. (c) The department shall, on or before July 1, 2025, communicate the requirements of this section to all local educational agencies and charter schools, as well as notify nonpublic, nonsectarian schools or agencies certified by the state, special education local plan areas, the California School for the Deaf, and the California School for the Blind regarding this section. (d) Nothing in this section shall be construed as modifying or otherwise affecting the right of pupils with disabilities, including pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, to a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the development of an individualized education program, as defined in Section 56032, or the individualized education program team’s determination of placement pursuant to Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations, and Section 56345, aids to ensure effective communication pursuant to Section 35.160 of Title 28 of the Code of Federal Regulations, or the continuum of program options that shall be made available as required by Sections 56000.5, 56360, and 56361. (e) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2024, Ch. 903, Sec. 1. (AB 1938) Effective January 1, 2025.)
  184. 56041.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    If an IEP team determines special education services are needed beyond age 18, the district of residence must be assigned responsibility for services for pupils ages 18 to 22, with exceptions and district-shift 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56041. Except for those pupils meeting residency requirements for school attendance specified in subdivision (a) of Section 48204, and notwithstanding any other provision of law, if it is determined by the individualized education program team that special education services are required beyond the pupil’s 18th birthday, the district of residence responsible for providing special education and related services to pupils between the ages of 18 to 22 years, inclusive, shall be assigned, as follows: (a) For nonconserved pupils, the last district of residence in effect prior to the pupil’s attaining the age of majority shall become and remain as the responsible local educational agency, as long as and until the parent or parents relocate to a new district of residence. At that time, the new district of residence shall become the responsible local educational agency. (b) For conserved pupils, the district of residence of the conservator shall attach and remain the responsible local educational agency, as long as and until the conservator relocates or a new one is appointed. At that time, the new district of residence shall attach and become the responsible local educational agency. (Added by Stats. 1992, Ch. 1360, Sec. 8. Effective January 1, 1993.)
  185. 56041.5.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    When a student with exceptional needs turns 18, the local educational agency must send required procedural-safeguards notice to the student and the parents, and the student takes over the parent’s remaining rights unless the student has been found incompetent under state 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56041.5. When an individual with exceptional needs reaches the age of 18, with the exception of an individual who has been determined to be incompetent under state law, the local educational agency shall provide any notice of procedural safeguards required by this part to both the individual and the parents of the individual. All other rights accorded to a parent under this part shall transfer to the individual with exceptional needs. The local educational agency shall notify the individual and the parent of the transfer of rights. (Added by Stats. 1998, Ch. 691, Sec. 17. Effective January 1, 1999.)
  186. 56042.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    An attorney or advocate for a parent of a person with exceptional needs must not recommend placement in a nonpublic, nonsectarian school or agency if that placement involves the attorney’s or advocate’s employment, contract, conflict of interest, or benefit.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56042. Notwithstanding any other provision of law, an attorney or advocate for a parent of an individual with exceptional needs shall not recommend placement in a nonpublic, nonsectarian school or agency with which the attorney or advocate is employed or contracted, or otherwise has a conflict of interest or from which the attorney or advocate receives a benefit. (Added by Stats. 1993, Ch. 939, Sec. 3. Effective October 8, 1993.)
  187. 56043.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section sets deadlines and process rules for special education assessment plans, IEP meetings and reviews, transfers, records, complaints, mediation, and due process hearings.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56043. The primary timelines affecting special education programs are as follows: (a) A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupil’s regular school sessions or terms or calendar days of school vacation in excess of five schooldays, from the date of receipt of the referral, unless the parent or guardian agrees in writing to an extension, pursuant to subdivision (a) of Section 56321. (b) A parent or guardian shall have at least 15 calendar days from the receipt of the proposed assessment plan to arrive at a decision, pursuant to subdivision (c) of Section 56321. (c) Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs and to determine the educational needs of the child, these determinations shall be made, and an individualized education program team meeting shall occur, within 60 days of receiving parental consent for the assessment, pursuant to subdivision (a) of Section 56302.1, except as specified in subdivision (b) of that section, and pursuant to Section 56344. (d) The individualized education program team shall review the pupil’s individualized education program periodically, but not less frequently than annually, pursuant to subdivision (d) of Section 56341.1. (e) A parent or guardian shall be notified of the individualized education program team meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5. Consistent with Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, if determined appropriate by a pupil’s individualized education program team, in the case of an individual with exceptional needs who is starting their high school experience and not later than when the pupil is 16 years of age or younger, as appropriate, the meeting notice shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual with exceptional needs, and the meeting notice described in this subdivision shall indicate that the individual with exceptional needs is invited to attend, pursuant to subdivision (e) of Section 56341.5. (f) (1) An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 calendar days, not counting days between the pupil’s regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parent’s or guardian’s written consent for assessment, unless the parent or guardian agrees in writing to an extension, pursuant to Section 56344. (2) A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the child needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344. (g) (1) Consistent with Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, if determined appropriate by a pupil’s individualized education program team, beginning when the pupil starts their high school experience or not later than the first individualized education program to be in effect when the pupil is 16 years of age or younger, as appropriate, and updated annually thereafter, the individualized education program shall include appropriate measurable postsecondary goals and transition services needed to assist the pupil in reaching those goals, pursuant to paragraph (8) of subdivision (a) of Section 56345. If the individualized education program team determines that the pupil would benefit from the postponement of the inclusion of appropriate measurable postsecondary goals and transition services until 16 years of age, rather than when the pupil begins their high school experience, the individualized education program team is encouraged to appropriately justify the basis for that postponement. (2) The individualized education program for pupils in grades 7 to 12, inclusive, shall include any alternative means and modes necessary for the pupil to complete the district’s prescribed course of study and to meet or exceed proficiency standards for graduation, pursuant to paragraph (1) of subdivision (b) of Section 56345. (3) Beginning not later than one year before the pupil reaches 18 years of age, the individualized education program shall contain a statement that the pupil has been informed of the pupil’s rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age, pursuant to Section 56041.5, subdivision (g) of Section 56345, and Section 300.520 of Title 34 of the Code of Federal Regulations. (h) Pursuant to Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code and Section 56345.1, if determined appropriate by the pupil’s individualized education program team, beginning when the pupil starts their high school experience and not later than when the pupil is 16 years of age or younger, as appropriate, and annually thereafter, a statement of needed transition services shall be included in the pupil’s individualized education program. If the individualized education program team determines that the pupil would benefit from the postponement of the inclusion of appropriate measurable postsecondary goals and transition services until 16 years of age, rather than when the pupil begins their high school experience, the individualized education program team is encouraged to appropriately justify the basis for that postponement. (i) A pupil’s individualized education program shall be implemented as soon as possible following the individualized education program team meeting, pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344. (j) An individualized education program team shall meet at least annually to review a pupil’s progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343. The local educational agency shall maintain procedures to ensure that the individualized education program team reviews the pupil’s individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1, pursuant to subdivision (a) of Section 56380. (k) A reassessment of a pupil shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise in writing, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary, pursuant to Section 56381, and in accordance with Section 1414(a)(2) of Title 20 of the United States Code. (l) A meeting of an individualized education program team requested by a parent or guardian to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days between the pupil’s regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parent’s or guardian’s written request, pursuant to Section 56343.5. (m) If an individual with exceptional needs transfers from district to district within the state, the following apply pursuant to Section 56325: (1) If the child has an individualized education program and transfers into a district from a district not operating programs under the same special education local plan area in which the child was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent or guardian, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law, pursuant to paragraph (1) of subdivision (a) of Section 56325. (2) If the child has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which the child was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with state and federal law, pursuant to paragraph (2) of subdivision (a) of Section 56325. (3) If the child has an individualized education program and transfers from an educational agency located outside the state to a district within the state within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent or guardian, until the local educational agency conducts an assessment as specified in paragraph (3) of subdivision (a) of Section 56325. (4) In order to facilitate the transition for an individual with exceptional needs described in paragraphs (1) to (3), inclusive, the new school in which the pupil enrolls shall take reasonable steps to promptly obtain the pupil’s records, as specified, pursuant to subdivision (b) of Section 56325. (n) The parent or guardian shall have the right and opportunity to examine all school records of the child and to receive complete copies within five business days after a request is made by the parent or guardian, either orally or in writing, and before any meeting regarding an individualized education program of the parent’s or guardian’s child or any hearing or resolution session pursuant to Chapter 5 (commencing with Section 56500), in accordance with Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27. (o) Upon receipt of a request from a local educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupil’s special education records, or a copy of those records, to the new local educational agency within five working days, pursuant to subdivision (a) of Section 3024 of Title 5 of the California Code of Regulations. (p) The department shall do all of the following: (1) Have a time limit of 60 calendar days after a complaint is filed with the state educational agency to investigate the complaint. (2) Give the complainant the opportunity to submit additional information about the allegations in the complaint. (3) Review all relevant information and make an independent determination as to whether there is a violation of a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (4) Issue a written decision pursuant to Section 300.152(a)(5) of Title 34 of the Code of Federal Regulations. (q) A prehearing mediation conference shall be scheduled within 15 calendar days of receipt by the Superintendent of the request for mediation, and shall be completed within 30 calendar days after the request for mediation, unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation, pursuant to Section 56500.3. (r) Any request for a due process hearing arising from subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of facts underlying the basis for the request, except that this timeline shall not apply to a parent if the parent was prevented from requesting the due process hearing, pursuant to subdivision (l) of Section 56505. (s) The Superintendent shall ensure that, within 45 calendar days after receipt of a written due process hearing request, the hearing is immediately commenced and completed, including any mediation requested at any point during the hearing process, and a final administrative decision is rendered, pursuant to subdivision (f) of Section 56502. (t) If either party to a due process hearing intends to be represented by an attorney in the due process hearing, notice of that intent shall be given to the other party at least 10 calendar days before the hearing, pursuant to subdivision (a) of Section 56507. (u) Any party to a due process hearing shall have the right to be informed by the other parties to the hearing, at least 10 calendar days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, pursuant to paragraph (6) of subdivision (e) of Section 56505. (v) Any party to a due process hearing shall have the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents, including all assessments completed and not completed by that date, and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing, pursuant to paragraph (7) of subdivision (e) of Section 56505. (w) An appeal of a due process hearing decision shall be made within 90 calendar days of receipt of the hearing decision, pursuant to subdivision (k) of Section 56505. (x) A complaint filed with the department shall allege a violation of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred not more than one year before the date that the complaint is received by the department, pursuant to Section 56500.2 and Section 300.153(c) of Title 34 of the Code of Federal Regulations. (y) This section shall become operative on July 1, 2025. (Repealed (in Sec. 1) and added by Stats. 2024, Ch. 901, Sec. 2. (AB 438) Effective January 1, 2025. Operative July 1, 2025, by its own provisions.)
  188. 56045.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    If the Superintendent finds certain special education noncompliance issues, the Superintendent must notify each local educational agency’s governing board within 30 days, and the board must address the issue at a regularly scheduled public hearing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56045. (a) The Superintendent shall send a notice to the governing board of each local educational agency within 30 days of when the Superintendent determines any of the following: (1) The local educational agency is substantially out of compliance with one or more significant provisions of this part, the implementing regulations, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or the implementing regulations. (2) The local educational agency fails to comply substantially with corrective action orders issued by the department resulting from focused monitoring findings or complaint investigations. (3) The local educational agency fails to implement the decision of a due process hearing officer for noncompliance with provisions of this part, the implementing regulations, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or the implementing regulations, which noncompliance results in the denial of, or impedes the delivery of, a free appropriate public education for an individual with exceptional needs. (b) The notice shall provide a description of the special education and related services that are required by law and with which the local educational agency is not in compliance. (c) Upon receipt of the notification sent pursuant to subdivision (a), the governing board shall at a regularly scheduled public hearing address the issue of noncompliance. (Amended by Stats. 2007, Ch. 56, Sec. 12. Effective January 1, 2008.)
  189. 56046.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A local educational agency employee must not use official authority or influence to intimidate, threaten, or coerce someone in order to interfere with their help for a parent or guardian seeking services or accommodations for a pupil with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56046. (a) An employee of a local educational agency shall not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce, any person, including, but not limited to, a teacher, a provider of designated instruction and services, a paraprofessional, an instructional aide, a behavioral aide, a health aide, other educators or staff of the local educational agency, a private individual or entity under contract with the local educational agency, or a subordinate of the employee, for the purpose of interfering with the action of that person at any time, to assist a parent or guardian of a pupil with exceptional needs to obtain services or accommodations for that pupil. (b) If a person described in subdivision (a), believes an employee or agent of a local educational agency is in violation of subdivision (a) because of using or attempting to use official authority or influence, that person may file a complaint under the Uniform Complaint Procedures as set forth in Title 5 of the California Code of Regulations. If a person files a complaint pursuant to this subdivision, the state shall intervene directly and the conditions for intervention in Section 4650 of Title 5 of the California Code of Regulations are not applicable. (c) This section does not limit or alter any right a person described in subdivision (a) may have to file a complaint pursuant to either a governing board-adopted grievance process or a collectively bargained grievance process. (d) This section does not do any of the following: (1) Limit or alter the right or duty of a public school official to direct or discipline an employee or contractor. (2) Prevent a local educational agency from enforcing a law or regulation regarding conflicts of interest, incompatible activities, or the confidentiality of pupil records. (e) (1) For purposes of this section, “services or accommodations” includes information that would assist a parent or guardian to obtain a free appropriate public education for his or her child as guaranteed by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or other services or accommodations guaranteed under Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as well as state laws regarding individuals with exceptional needs. (2) For purposes of this section, “use of official authority or influence” includes promising to confer or conferring any benefit, affecting or threatening to affect any reprisal, or taking, directing others to take, recommending, processing, or approving any personnel action, including, but not limited to, appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. “Use of official authority or influence” does not include good faith advocacy by an employee of a public school agency, to any person including another agency employee or contractor, regarding the services, if any, to be provided to a pupil under the laws referred to in paragraph (1). (f) This section does not diminish the rights, privileges, or remedies of a public school employee under any other federal or state law or under an employment contract or collective bargaining agreement. (g) A school employee’s or contractor’s assistance offered to a parent or guardian of a pupil with exceptional needs to obtain services or accommodations for that pupil shall not interfere with the school employee’s or contractor’s regular duties for the local educational agency. (Amended by Stats. 2007, Ch. 56, Sec. 13. Effective January 1, 2008.)
  190. 56048.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The superintendent must review apportionment information and calculations submitted by special education local plan areas, and may only review data from the initial year of apportionment and the first succeeding fiscal 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56048. The superintendent shall review the information and calculations submitted by special education local plan areas in support of all apportionment computations described in this part. The review shall be conducted on the data submitted during the initial year of apportionment and for the first succeeding fiscal year only. Adjustments to any year’s apportionment shall be received by the superintendent from the special education local plan area prior to the end of the first fiscal year following the fiscal year to be adjusted. The superintendent shall consider and adjust only the information and computational factors originally established during an eligible fiscal year, if the superintendent’s review determines that they are correct. (Added by Stats. 1998, Ch. 89, Sec. 17. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
  191. 56049.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section says planning for schools and local educational agencies must reflect the needs of all pupils, including pupils with disabilities, and local educational agencies should use data on those pupils to guide improvement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56049. The Legislature finds and declares all of the following: (a) All pupils are general education pupils first, including pupils with disabilities. (b) Comprehensive local educational agency and school-level fiscal and programmatic planning, including planning conducted pursuant to Section 52064, must reflect the needs of all pupils, including pupils with disabilities. (c) Inclusion in general education classrooms and programs should be considered the first setting for all pupils, unless the individualized education program for a pupil with a disability determines that another setting is more suitable to guarantee a free and appropriate public education. (d) Data transparency and analysis are essential to understanding the needs of pupils. Local educational agencies should use all available data sources on pupils with disabilities, with a particular focus on least restrictive environment data, to inform continuous improvement efforts. (Added by Stats. 2022, Ch. 919, Sec. 1. (SB 692) Effective January 1, 2023.)
  192. 56049.1.

    ## 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The department must publish certain least-restrictive-environment data by November 30, 2023 and add it as a resource on the California School Dashboard.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. General Provisions [56040 - 56049.1] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56049.1. (a) On or before November 30, 2023, the department shall publish data related to federal measures of least restrictive environment for pupils with disabilities on its internet website and shall include it as a resource on the California School Dashboard, established pursuant to subdivision (f) of Section 52064.5. (b) The data shall be disaggregated by race or ethnicity and local educational agency. (Added by Stats. 2022, Ch. 919, Sec. 2. (SB 692) Effective January 1, 2023.)
  193. 56050.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Surrogate Parents [56050- 56050.] ( Article 3.5 added by Stats. 1981, Ch. 1044, Sec. 4. )

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    A surrogate parent may represent an individual with exceptional needs, may give consent for IEP-related matters, and is protected from liability when acting officially except for wanton, reckless, or malicious conduct.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Surrogate Parents [56050- 56050.] ( Article 3.5 added by Stats. 1981, Ch. 1044, Sec. 4. ) ## 56050. (a) For the purposes of this article, “surrogate parent” shall be defined as it is defined in Section 300.519 of Title 34 of the Code of Federal Regulations. (b) A surrogate parent may represent an individual with exceptional needs in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising the individualized education program, and in other matters relating to the provision of a free appropriate public education to the individual. Notwithstanding any other provision of law, this representation shall include the provision of written consent to the individualized education program including nonemergency medical services, mental health treatment services, and occupational or physical therapy services pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code. The surrogate parent may sign any consent relating to individualized education program purposes. (c) A surrogate parent shall be held harmless by the State of California when acting in his or her official capacity except for acts or omissions that are found to have been wanton, reckless, or malicious. (d) A surrogate parent shall also be governed by Section 7579.5 of the Government Code. (Amended by Stats. 2007, Ch. 56, Sec. 14. Effective January 1, 2008.)
  194. 56055.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.7. Foster Parents [56055- 56055.] ( Article 3.7 added by Stats. 2001, Ch. 734, Sec. 53. )

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    A foster parent may exercise and carry out a child’s education-related rights, including representation and consent for the individualized education program, unless excluded or limited by the listed court-order 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.7. Foster Parents [56055- 56055.] ( Article 3.7 added by Stats. 2001, Ch. 734, Sec. 53. ) ## 56055. (a) (1) Except as provided in subdivisions (b), (c), and (d), a foster parent may exercise, to the extent permitted by federal law, including, but not limited to, Section 300.30 of Title 34 of the Code of Federal Regulations, the rights related to his or her foster child’s education that a parent has under Title 20 (commencing with Section 1400) of the United States Code and pursuant to Part 300 (commencing with Section 300.1) of Title 34 of the Code of Federal Regulations. The foster parent may represent the foster child for the duration of the foster parent-foster child relationship in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising an individualized education program, if necessary, and in all other matters relating to the provision of a free appropriate public education of the child. Notwithstanding any other provision of law, this representation shall include the provision of written consent to the individualized education program, including nonemergency medical services, mental health treatment services, and occupational or physical therapy services pursuant to this chapter. The foster parent may sign any consent relating to individualized education program purposes. (2) A foster parent exercising rights relative to a foster child under this section may consult with the parent or guardian of the child to ensure continuity of health, mental health, or other services. (b) A foster parent who had been excluded by court order from making educational decisions on behalf of a pupil does not have the rights relative to the pupil set forth in subdivision (a). (c) This section only applies if the juvenile court has limited the right of the parent or guardian to make educational decisions on behalf of the child, and the child has been placed in a planned permanent living arrangement pursuant to paragraph (3) of subdivision (g) of Section 366.21, Section 366.22, Section 366.26, or paragraph (5) or (6) of subdivision (b) of Section 727.3 of the Welfare and Institutions Code. (d) For purposes of this section, a foster parent includes an approved relative, approved nonrelative extended family member, as defined in Section 362.7 of the Welfare and Institutions Code, a licensed or certified foster parent, a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, or a person who has been designated by the court as a specified placement. (Amended by Stats. 2017, Ch. 732, Sec. 1. (AB 404) Effective January 1, 2018.)
  195. 56058.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.9. Qualifications for Special Education Teachers [56058 - 56059] ( Article 3.9 added by Stats. 2005, Ch. 653, Sec. 6. )

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    Special education teachers providing instruction and educational services under this part must meet specified federal “highly qualified” and personnel qualification 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.9. Qualifications for Special Education Teachers [56058 - 56059] ( Article 3.9 added by Stats. 2005, Ch. 653, Sec. 6. ) ## 56058. Special education teachers providing instruction and educational services under this part shall meet the same “highly qualified” requirements, as defined in Section 1401(10) of Title 20 of the United States Code, and in Section 300.18 of Title 34 of the Code of Federal Regulations, and personnel qualifications described in Section 1412(a)(14) of Title 20 of the United States Code, and in Section 300.156 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 454, Sec. 9. Effective October 10, 2007.)
  196. 56059.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.9. Qualifications for Special Education Teachers [56058 - 56059] ( Article 3.9 added by Stats. 2005, Ch. 653, Sec. 6. )

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    This section says the part does not create a right of action for failure of a state or local educational agency employee to be highly qualified, but a parent may still file a complaint about staff qualifications.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.9. Qualifications for Special Education Teachers [56058 - 56059] ( Article 3.9 added by Stats. 2005, Ch. 653, Sec. 6. ) ## 56059. (a) This part does not create a right of action on behalf of an individual with exceptional needs or class of pupils for failure of a state or local educational agency employee to be highly qualified. (b) In accordance with Section 300.156(e) of Title 34 of the Code of Federal Regulations, nothing in this part prevents a parent from filing a complaint with the department under Section 56500.2, and under Sections 300.151 to 300.153, inclusive, of Title 34 of the Code of Federal Regulations, about staff qualifications. (Amended by Stats. 2007, Ch. 454, Sec. 10. Effective October 10, 2007.)
  197. 56060.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Substitute Teachers [56060 - 56063] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A noncredentialed person may not substitute in any special education certificated position.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Substitute Teachers [56060 - 56063] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56060. A noncredentialed person shall not substitute for any special education certificated position. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  198. 56061.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Substitute Teachers [56060 - 56063] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A validly credentialed substitute teacher may serve for a special education teacher, but employers cannot use an improperly credentialed substitute for more than 20 cumulative school days per absent teacher each school year, except for limited extensions approved 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Substitute Teachers [56060 - 56063] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56061. A person holding a valid credential authorizing substitute teaching may serve as a substitute for the appropriately credentialed special education teacher as follows: (a) Except as provided in subdivisions (b) and (c), the employer shall not employ an inappropriately credentialed substitute teacher for a period of more than 20 cumulative school days for each special education teacher absent during each school year. (b) Upon application by the district or county office, the superintendent may approve an extension of 20 school days in addition to those authorized by subdivision (a). (c) Only in extraordinary circumstances may an additional number of days be granted beyond the 40 school days provided for by subdivisions (a) and (b). Such additional days shall be granted in writing by the superintendent. The superintendent shall report to the board on all requests granted for an additional number of days pursuant to this subdivision. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  199. 56062.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Substitute Teachers [56060 - 56063] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    An employer must prioritize substitute teachers with the appropriate special education credentials first, then other special education credentials, then a regular teaching credential, when placing them in special education classrooms.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Substitute Teachers [56060 - 56063] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56062. The employer shall use the following priorities in placing substitute teachers in special education classrooms: (a) A substitute teacher with the appropriate special education credential or credentials. (b) A substitute teacher with any other special education credential or credentials. (c) A substitute teacher with a regular teaching credential. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  200. 56063.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Substitute Teachers [56060 - 56063] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The employer must keep lists of appropriately credentialed substitute teachers and contact higher education institutions for recommendations of qualified special education 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 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Substitute Teachers [56060 - 56063] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56063. The employer shall be responsible for seeking, and maintaining lists of, appropriately credentialed substitute teachers. The employer shall contact institutions of higher education with approved special education programs for possible recommendations of appropriately credentialed special education personnel. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)

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